11/14/22, 10:32 AM Anti-Harassment Laws in Pakistan - Courting The Law

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Anti-Harassment Laws in Pakistan

Anti-Harassment Laws in Pakistan

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 June 10, 2019 (https://courtingthelaw.com/2019/06/10/commentary/anti-harassment-laws-in-pakistan/)

 Mahnoor Islam (https://courtingthelaw.com/author/mahnoor-islam/)

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Anti-Harassment Laws in Pakistan

Online Harassment - Mahnoor Islam #CTLinterns

Sexual harassment is a non-consensual act, carried out either physically or mentally, or through words spoken
towards another person, in a sexual context, which makes the victim uncomfortable and distressed.

While being reluctant to speak up about it at first, many women and men have come out with their experiences.
Such cases include allegations against Harvey Weinstein and Bill Cosby, etc. and the narrative in Pakistan
regarding Ali Zafar.

According to the statistics presented by Madadgaar National Helpline 1098 and the National Commission for
Children, Pakistan is among countries where around 70% of women and girls have experienced violence by their
partners and around 93% of women have experienced different forms of sexual misconduct in public places in their

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11/14/22, 10:32 AM Anti-Harassment Laws in Pakistan - Courting The Law

lifetime. According to the same helpline, over 9,000 women and children have asked for protection by either
contacting the helpline via phone or visiting in person.

These statistics show a staggering amount of women and children going through harassment. However, a rather
positive element which comes from the reported figures is that many women and children did come forward and
this is a huge step towards catalyzing a much needed social change, especially in countries such as Pakistan.

So what can Pakistanis do when they find themselves to be victims of sexual harassment or know someone who
has faced this horrible situation? Some laws under the Pakistan Penal Code (1860) provide for the accused to be
held liable and sentenced with either imprisonment, a heavy fine or even a death sentence. Such laws are extremely
significant for both women and men as they allow victims to seek justice against the acts of their perpetrators.

Under Section 509 of the Pakistan Penal Code (1860), if a person insults a woman regarding her modesty,
whether through gestures or words, the perpetrator can be charged with three years of imprisonment, or with a
fine, or both.

Under section 496C of the Pakistan Penal Code (1860), anyone making false accusations against another female
are to be punished with five years in prison and with a fine.

A person who does something that is considered indecent and vulgar, including singing or reciting a song with
vulgar lyrics, shall be liable under Section 354A of the Pakistan Penal Code (1860) and shall be imprisoned for
three months or may be given a fine or be ordered to do both.

A person who assaults a woman, uses physical force against her, or strips her of her clothes for the public to see,
shall be liable under Section 354A of the Pakistan Penal Code (1860). The accused may be given a death sentence
or imprisoned for life.

A person who forces a young girl under the age of eighteen to have sexual intercourse with another person, shall be
liable under Section 366A of the Pakistan Penal Code (1860) and charged with ten years of imprisonment or with
a fine.

Some laws which can be useful for women in workplaces include the Protection Against Harassment of Women at
Workplace Act (2010). The statute is considered to be one of the latest developments in Pakistani law and defines
harassment as:

“Any unwelcome sexual advance, request for sexual favors or other verbal or
written communication or physical conduct of a sexual nature or sexually
demeaning attitudes, causing interference with work performance or creating
intimidating, hostile or offensive work environment, or the attempt to punish the
complainant for refusal to comply with such a request or is made a condition for
employment.”

This statute also introduces the system of an inquiry committee which shall consist of three members, of which
one of them must be a female. This inquiry committee shall be set up by any organization or company which
receives a complaint from a worker regarding harassment. The mandate can be found under Section 3 of the
Protection Against Harassment of Women at Workplace Act (2010). According to section 8 of the statute, women
also have an option to complain directly to the Ombudsperson.

Section 4 of the same statute introduces various forms of penalties against the perpetrator. Some of these
penalties include censorship, compensation by the perpetrator through payment or fine, suspension, removal or
early retirement of the perpetrator from the company or demotion to a lower post.

According to the Prevention of Electronic Crimes Act (2016), anyone who uses any information to harm another
person or their reputation shall be held liable and punished with three years in prison, or with fine, or both.

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Under the same Act, a person who posts information to tarnish another person’s reputation, especially a female’s
reputation, to blackmail or create hatred for the victim, shall be imprisoned for five years, or may be fined for five
million rupees, or both.

As far as cyber-stalking is concerned, a person who harasses or stalks another person online, knowing that the
other person has not consented to the interaction or is not comfortable, shall also be liable under the Prevention of
Electronic Crimes Act (2016). Similarly, a person who takes the victim’s pictures or videos and displays them on the
internet so that the victim gets harmed, may be given a punishment of three years in prison, or a heavy fine, or
both.

With the introduction of such laws, Pakistan seems to be moving forward in becoming a more progressive nation.
However, even with the existence of such laws, many women and men are still unable to stand up for themselves,
mainly due to the lack of awareness of their rights or the fear of social stigma, which is why we are failing to
address the issue of harassment once and for all. It is hoped that with changing times and with the help of
awareness campaigns, the issue of harassment can be minimized.

———-

References

Pakistan Penal Code (1860)

Prevention of Electronic Crimes Act (2016)
Protection Against Harassment of Women at Workplace Act (2010)
Madadgaar National Helpline
National Commission for Children

The views expressed in this article are those of the author and do not necessarily represent the views of
CourtingTheLaw.com or any organization with which she might be associated.

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Author: Mahnoor Islam

The writer is a law student enrolled at the University of London International Programmes. She
has interned at Courting The Law and has also worked with the Lakshmi Mittal Institute at
Harvard University as an ambassador, writer and researcher for the Oral Histories project related
to Partition.

View all posts by Mahnoor Islam (https://courtingthelaw.com/author/mahnoor-islam/)

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