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PROTECTION AGAINST HARASSMENT AT WORKPLACE

AND ITS LAWS, GAPS AND RECOMMENDATIONS.

Researcher: Fahadulllah

Roll No: FA19I4BA117

Semester: 10th (LLB) Section C

Session: Fall 2019-24

Supervisor: Mr. M Muneeb Raza

(Lecturer) Department of Law

DEPARTMENT OF LAW

The Islamia University of Bahawalpur

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ACKNOWLEDGEMENT

Most importantly, acclaims and gratitude to the Allah, the Almighty, for His showers of gifts all
through my examination work to finish the exploration effectively.
I might want to communicate my uncommon thanks of appreciation to my supervisor
MR. M MUNEEB RAZA who gave me brilliant chance to do this magnificent examination on
my thesis subject. Which likewise helped me in doing a great deal of Research and I came to think
about so numerous new things I am truly grateful to them.
I am incredibly thankful to my family members, especially my parents, for their adoration, prayers,
thinking about teaching and setting me up for my future. I might not disregard to remember my
companions as well as associates for their consolation and a lot more over for their convenient
assistance and guidance till the fulfillment of my exploration.
I am grateful to and fortunate enough to receive continual consolation, encouragement, as well as
the recommendations from all Schools staffs of School of Law which has assisted me in
magnificently concluding my work. Furthermore, I may well desire to stretch out my earnest
regards to all staffs in library for their opportune help.
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DECLARATION

I, Fahadulllah thus proclaim that this exploration work named as ‘‘Protection Against Harassment
at Workplace and its Laws’’ is my personal insightful work. The substance of this piece has not
been duplicated from any other academic exertion or examination which have been distribution or
presented for any instructive objectives in some other institution or by association. My academic
exertion has been kept in touch with the finest of my insight. The distinctiveness of my exertion
has been confirmed by the statement of literary copying programming. Which is appended to it.
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SUPERVISOR'S DECLARATION

It is hereby certified that work presented by Fahadulllah in the research report titled “Protection
Against Harassment At Workplace And Its Laws, Gaps And Recommendations’’ is based on the
results of research study conducted by candidate under my supervision. No portion of this work
has been formerly been offered for higher degree in this university or any other institute of learning
and to best of the author's knowledge, no material has been used in this research report which is
not his own work, except where due acknowledgement has been made. He has fulfilled all the
requirements and is qualified to submit this research report in partial fulfillment for the degree of
LLB (Hons, 5-year) in the Department of Law, Faculty of Law, The Islamia University of
Bahawalpur.

Mr. M Muneeb Raza

Lecturer
Department of law
The Islamia University of Bahawalpur
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Table of Contents

ABSTRACT ....................................................................................................................... 3

Chapter 1: Introduction ................................................................................................................................ 4

1.1. BACKGROUND: .......................................................................................................................... 4
1.2. LITERATURE REVIEW: ............................................................................................................. 5
1.3. OBJECTIVES OF THE STUDY: .................................................................................................. 7
1.4. RESEARCH QUESTIONS:........................................................................................................... 7
1.5. RESEARCH METHODLOGY:..................................................................................................... 7

Chapter 2: DESIGN OF THE LEGISLATION: RIGHT TO WORK AND INTERNATIONAL

COMMITMENTS ......................................................................................................................................... 8
2.1 INTRODUCTION: ........................................................................................................................ 8
2.2 KINDS OF HARASSMENT AT WORKPLACE: ...................................................................... 10
2.2.1 Discriminatory Harassment: .................................................................................................... 10
2.2.2 Sexual Harassment: ................................................................................................................. 11
2.2.3 Verbal Harassment: ................................................................................................................. 11
2.2.4 Psychological Harassment: ...................................................................................................... 11
2.2.5 Physical Harassment: ............................................................................................................... 11
2.2.6 Online Harassment: ................................................................................................................. 12
2.2.7 Retaliation:............................................................................................................................... 12
2.3 SECTIONS OF THE LAW (GIST AND EXPLANATIONS): ................................................... 12
2.3.1 SCOPE AND POWER: ........................................................................................................... 12
2.3.2 HARASSMENT: ..................................................................................................................... 13
2.3.3 WORKPLACE: ....................................................................................................................... 13
2.4 INQUIRY COMMITTEE AND PENALTY: .............................................................................. 15
2.5 ROLE OF THE OMBUDSMAN: ................................................................................................ 16
2.6 RESPONSIBILITY OF THE ADMINISTRATION AND WORKER OF THE WORKPLACE:
16

CHAPTER 3: CASE LAWS OF HARASSMENT IN PAKISTAN ........................................................ 18

3.1 INTRODUCTION: ...................................................................................................................... 18
3.2 REALITIES AND DECISIONS: ................................................................................................. 18
3.3 CASE CONCLUSION: ................................................................................................................ 23
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CHAPTER 4: GAPS IN THE HARASSMENT ACT, 2010 .................................................................... 22

4.1. INTRODUCTION: ...................................................................................................................... 22
4.2 DEFINITION OF THE HARASSMENT: ................................................................................... 22
4.3 DEFINITION OF WORKPLACE: .............................................................................................. 23
4.4 NO INFORMAL BUSINESSES ARE COVERED UNDER ACT: ............................................ 23
4.5 INQUIRY COMMITTEE’S COMPOSITION: ........................................................................... 24
4.6 TITLE OF THE ACT:.................................................................................................................. 25
4.7 ISSUE OF JURISDICTION BETWEEN PROVINCES AND FEDERAL: ............................... 25
4.8 COMPETENT AUTHORITY: .................................................................................................... 25
4.9 CONCLUSION: ........................................................................................................................... 26
RECOMMENDATIONS AND CONCLUSION: ................................................................................ 27
RECOMMENDATIONS: ......................................................................................................................... 27
CONCLUSION: ........................................................................................................................................ 27

REFERENCES................................................................................................................ 28
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Abstract

Workplace harassment stands as a significant and pervasive barrier for women's

participation in the workforce in Pakistan. The Protection against Harassment of Women
at the Workplace Act, 2010, provides legal protection to women against harassment at work
and seeks to improve existing legislation regarding women's right to work in Pakistan. This
legislative review examines the compliance of the law with our country's international
obligations and analyzes judicial interpretations through a review of relevant case law.

The primary aim of this research is to identify the gaps and loopholes in the current laws
of Pakistan regarding harassment. To address these gaps, a comparative analysis will be
conducted, comparing our national statutes on sexual harassment with those of other
countries where the laws are more comprehensive and clearly defined. Through this
comparison, we aim to identify deficiencies in our legislation and propose amendments to
strengthen it.

To achieve this, rigorous and logical research methods will be employed. Ultimately, the
research aims to enhance the effectiveness of existing laws and ensure the protection of
women's rights. A key recommendation of this study is the amendment of harassment laws,
as addressing these issues has become imperative. Additionally, the research highlights the
shortcomings of the Act and proposes improvements for its enhancement.
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Chapter 1: Introduction

1.1. BACKGROUND:

Harassment is the worldwide issue and the subject matter of discussion due to its bad
effects on the victims. In Pakistan, Harassment is the burning issue faced by the working
women. Mostly, females are targeted by male colleagues at workplace. Most women who
leave their homes to get money by the spell of extreme necessity. They are harassed by
frustrated Equals and complex executive by transitory unsuitable comments and mockery.
The only law passed by Parliament of Pakistan on Harassment which is The Protection
against Harassment of Women at the Workplace Act, 2010. Before that law, there was only
section dealing with the ambits of harassment of women that existed in Pakistan Penal
Code, 1860; Section 509 Insulting of Modesty of a Woman. Apart from this section,
criminalizes the harassment, which was the only remedy available to the victims of the
harassment before the legislation of Harassment Act, 2010.
Section 509 of the Pakistan Penal Code (1860), states that if a person insults a woman
regarding modesty, whether through gesture or words, the perpetrators can be charged
with three years of imprisonment, or with a fine or both(Pakistan Penal Code , 1860). But
this provision didn’t express the term ‘Harassment’. It created too many complexities, to
effectively prevent the harassment and invoke the jurisdiction of the courts, for the
harassment victims. But this problem was resolved by Pakistan consenting to the ‘UN
Convention on the Elimination of All Forms of Discrimination against Women’ (CEDAW)
on 12 March 2008. Therefore, being State party to the CEDAW, Pakistan was required to
make domestic law under article 11 of the CEDAW. In accordance with provisions of the
CEDAW.

The Harassment was not criminalized as an offence in Pakistan until 2009. Then the
Protection against Harassment at the Workplace Act, 2010 (Harassment Act, 2010) was
passed, in which Harassment at the Workplaces was criminalized as offence and procedure
of effective remedy was provided in it.
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1.2. LITERATURE REVIEW:

The major portion of my research is based on the Protection against Harassment of Women
at Workplace Act, 2010. In order to support my arguments and to reach the conclusion of
my research I have also go through the Journals and Articles of the well-known authors.
Furthermore, to strengthen my arguments and conclusion I am going through the United
Kingdom’s legal framework for countering Harassment.

Moreover, I will also consider the International Treaties and reports of the different
international organization or committees on the Harassment and others.

Harassment at the office or workplace is a hard truth in Islamic Republic of Pakistan, giving
to the quite a few research and studies they define the ratio of Harassment at workplace,
there is a one research conducted by the Non-Governmental Organization that is Alliance
against sexual Harassment (‘AASHA’) formed in 2001. They had made a Study showed in
Lahore that has made known about 58% of Nurses, Doctors, Staff are Sexually harass by
others, commonly their other Nurses, Doctors, Patients, and Visitors.

There is another report came up and shows that there are 24,119 cases of ferocity against
Woman Harassment were confirmed in Pakistan. Amongst the period from 2008 to 2010.
And in the same, there is another review report on the Woman Employment,2003. Ordered
by the National Commission on the Status of Woman Employment that their survey clearly
defines that nearly about 50% of questioned females which they are employed in the
Public-Sector were subjected has been Sexual Harassed by their people.

Furthermore, there is Human Rights Commission of Pakistan (‘HRCP’) had shown about
91% Woman in the Local work area sector facing harassment. As indicated by Parveen
(2010), an all-out 24119 of brutality against woman cases was accounted for in Pakistan
during 2008-2010 among of which just 520 work place Harassment cases where familiar.

Close to that the papers and electronic media depict barely any instances of lewd behavior
at working environment, which show that the workplace in Pakistan isn’t OK for women.
These are the reported and confirmed cases and what about those cases which are not
reported, there are many more cases in our society and Workplace area which are not
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reported only because of lack of confidence and fear of losing job even they did not report
a case only because of lack of education and even they did not know about the Sexual
harassment law there are many woman which didn’t know about the harassment law and
unaware from the existing law so if any woman is targeted by any person which is wrong,
she only do is to be silent or leave the place or loose the job only because unaware from
the harassment law. There are many gaps and loopholes in the Sexual Harassment law
which must be done.

They face many problems in workplace, this not just demoralizes woman in Pakistan from
proceeding with job, yet it likewise decreases their activity execution, frequently prompts
enduring mental impacts and has extreme ramifications intended for wellbeing.b In the
factual proof, the administration of country had approved the Protection against
Harassment of Woman at Workplace Act, 2010. That means towards shield the woman as
of occurrences of working environment provocation. This administrative survey tries to
investigate the previously mentioned Act, a basic explanatory focal point, and gives a
lawful knowledge on the matter of provocation at the working environment. This
lawmaking audit has remained isolated into two sections.

Part I investigates the announcement of persistence of the Act and dives into the privileges
purportedly being secured. Through first featuring in what way harassment at the
workplace abuses a person’s entitlement to work, this piece of the survey will examine
whether the enactment satisfies its motivation shielding woman from work environment or
place badgering and in the long run ensuring their entitlement to work. It more investigates
the case make by the law of agreeing by means of Pakistan’s universal commitments
concerning the assurance of privileges of woman.

Portion II of the audit reviews arrangements law in a successive way. That section more
surveys the understandings of the different arrangements of the Statutory by Ombudsmen.
So far, they consume mutually the federal and provincial Ombudsmen have locale get
accusation under this law, it is essential to see how they decipher the law considering
different strategy contemplations. The point of this authoritative survey is to make
proposals to the law-making body and the legal executive for better usage and translation
of the Act.It is contended that concluded this enactment the Government of Pakistan have
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had the situation impact near taking out provocation in contradiction of woman by the side
of working environment, however confident deficiencies cutting-edge enactment and the
aforementioned erroneous request submitted by the judges take decreased that one possible
viability.

1.3. OBJECTIVES OF THE STUDY:

➢ To conduct objective, impartial and composed analysis of the Act, 2010.

➢ To conduct unbiased and objective analysis of important prosecutions done
and Judgments given by Federal Ombudsman Secretariat for the Protection
against Harassment (FOSPAH).
➢ To identify the gaps in the Protection against Harassment of Women at
Workplace Act, 2010.
➢ To provide recommendations through which effective relief and
implementation can be achieved.

1.4. RESEARCH QUESTIONS:

The Harassment Act, 2010 is the best step towards protecting citizens from harassment,
but like other laws in the Pakistan it also suffers from many lacunas and its effective
implementation hence this research aims to find,

What are the deficiencies and implementation shortcomings within the existing legislation,
hindering its alignment with international standards?

How can impartial analysis, considering case law precedents, identify these gaps and
suggest effective solutions to ensure justice is served?

1.5. RESEARCH METHODLOGY:

The nature of the research is qualitative and comparative and for these different
Enactments, reports and articles is studied, analyzed and compared to reach a certain
conclusion.
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Chapter 2: DESIGN OF THE LEGISLATION: RIGHT TO WORK

AND INTERNATIONAL COMMITMENTS

2.1 INTRODUCTION:

Whereas portraying the targets of the Act, the expression of Purposes and justification
expresses that the Act expands to the standards of equivalent open door for people and their
entitlement toward procure a vocation. It further explains that the principle of the
legislation behind the enactment is to make a sheltered workplace where woman can
contribute towards the economy of the nation with no dread of badgering, misuse or
separation. Below the Universal Human Rights Legitimate Assembly, the option to effort
is multilayered. In this manner, instead of being comprehended a solitary right, it ought to
be measured as an assortment of privileges. These incorporate the rights to compensation,
human pride, guarantee from constrained work, just and countless conditions at the
working environment, pleasure in effort, and able decision effort, amongst different
additional fundamental advantages that is basic in compatibility of the option to work.

ACCORDING TO RHONA K.M. SMITH:

It contains an assortment of related rights and commitments, it is…. a bunch of

arrangements involving similarly exemplary opportunities and present-day rights
approaches just as commitments situated viewpoint comprised of carefully enforceable
legitimate commitments and political duty. (Smith, 2016)
Likewise, under the ILO Convention 100, each national party is underneath a commitment
guarantee equivalent compensation for people work that is of a similar worth, while the
ILO Convention 111 forces party states to make a move by any fitting way to guarantee
uniformity of chance and action in regard of business and profession. Pakistan, by
temperance of taking approved previously mentioned Conventions, will undoubtedly
ensure a person's entitlement to work. Before proceeding onward to look at how badgering
at the work environment abuses one is right to receive effort, that one was critical in the
direction of comprehend the word Harassment in its own right. As indicated by the United
Nations, provocation was somewhat a bit conduct, regardless of regardless if the vocal or
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bodily, that upsets effort or advances hostile workplace. It very well may be comprehended
as an unscrupulous demonstration of compulsion, or of picking up consideration.
Harassment shows that in different types of unscrupulous and unwanted conduct, going
from following, looking, undesirable jokes and terrorizing to explicitly belittling
perspectives, For Example, passing sexual comments or applying inconspicuous weight for
a sexual demonstration. Harassment at the working environment explicitly alludes to those
occurrences of provocation which happen in a work environment situation and threatening,
or else hostile aimed at person in question. Factual proof shows that episodes of
Harassment against woman are altogether more successive than those against men,
featuring that woman are commonly more helpless against work environment harassment.
Since a meaning of Harassment had depicted, it tends to be evaluated in what way it
damages the option to function essentially because of two reasons. Initially, any type of
Harassment makes the workplace dangerous and undesirable for an individual, in this
manner disregarding the option to simply and good employed conditions. For Example,
examine consumes demonstrated woman which are Harassed at own work environment are
bound to intellectually upset, which in the long run hinders their effort execution. Secondly,
the way that Harassment lopsidedly influences woman makes it sex based separation,
which is viewed as brutality against woman and is restricted according to Global Human
Rights law. Specifically, CEDAW denies sexual orientation-based savagery, and
characterizes it as 'brutality legitimately influencing the ladies lopsidedly than men'.
That shows that effort damaged at what time a worker is exposed to provocation at the
work environment. Besides, it is imperative to take note of that fundamental the privilege
a person to work is additionally the privilege to nobility. If people is denning their ensured
rights to work, to simply and good employed conditions, and liberated from segregation at
the work environment, they can't be have an all-around kept up right to poise. Along these
lines, in circumstances where woman in Pakistan are either Harassed at their work
environment or are misused based on their gender, the State is responsible their inability to
debilitate sexual orientation-based segregation. Indeed, the State is likewise answerable for
its inability to appropriately release its a few global duties as referenced previously. The
2010 Act was passed in compatibility of ensuring the previously mentioned privileges of a
separate and satisfaction of the worldwide commitments regarding security of a woman
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entitlement to work. This enactment apparently agrees to Article 23(1) of ‘UDHR’.

Additionally, the Performance likewise agrees to necessities of ‘CEDAW’ by offering
thought to through a different enactment. The meaning of Harassment utilized through the
Pakistani Assembly is like the meaning of inappropriate behavior gave by ‘CEDAW’
Committee, demonstrating the governing body's duty that global commitments.
Nonetheless, it ought to be noticed this be target of the ILO Convention 100 had not be
fulfilled. Although the ILO Convention 100 relates to rise to compensation for people,
which is hazy concerning by what method show had joined the current enactment, which
doesn't talk about equivalent compensation for people by any means, and seems, by all
accounts, type of window-dressing. In like manner, the ILO Convention 111 arrangements
by end of separation work and profession for people. Meanwhile the Pakistani State has
moved in the direction of disposing of one of the hindrances looked by Woman For
Example; provocation, it ought to be noticed which country ought not assume that its
commitments towards the ILO Convention 111 had fulfilled based by Act alone. It needs
a more extensive request as far as sexual orientation-based segregation, yet in addition
based on race, shading, religion, political sentiment or social starting point. Subsequently,
the governing body can't guarantee satisfaction of its commitments under the ILO
Convention 111. Although Act representative advance onward for woman strengthening,
the genuine insurance of woman privileges is dependent upon its successful execution and
requirement.

2.2 KINDS OF HARASSMENT AT WORKPLACE:

2.2.1 Discriminatory Harassment:

This targets someone based on a protected characteristic like race, religion, gender, age, or
disability. It can involve offensive jokes, slurs, or unfair treatment related to these aspects.
Examples might include making racist comments about a colleague's heritage, denying a
promotion to a qualified candidate because of their age, or constantly criticizing a person's
religious beliefs.
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2.2.2 Sexual Harassment:

This type of action is unwelcome sexual advances, comments or behavior that creates a
hostile work environment. It might involve anything from an inappropriate joke to
unwelcome touching or even quid pro quo – recommendation for sex in return of some job
benefit. Another example of sexual harassment could be making sexual propositions,
groping, displaying films with sexual nature or adult site to colleagues, or making
suggestive remarks about a person’s appearance.

2.2.3 Verbal Harassment:

Words, the primary means of communication and bonding, can be turned into a weapon
that leaves deep invisible wounds in the form of verbal harassment. Widespread and almost
invisible, verbal harassment is rarely taken seriously, although it produces a tangible and
detrimental effect on the victims. Namely, it shapes the sense of self and influences
physical and emotional well-being. The present paper discusses the aspects of verbal
harassment, from its forms and effect to possible ways to establish a more respectful
surrounding.

According to Black’s Law Dictionary, verbal harassment comprises conduct that makes
use of “obscene, lewd, lascivious, filthy, or indecent language, or makes a telephone call,
whether or not the conversation ensues, without disclosing the caller’s identity”.

2.2.4 Psychological Harassment:

This is a more subtle form but just as damaging. It can manifest as intimidation, ostracism,
ridicule, gossip mongering, and more. The purpose of psychological abuse is to destroy the
victim’s psyche and devalue their life and existence. Psychological abuse can take many
forms. Examples of psychological harassment include deliberately excluding someone
from important meetings or projects, assigning them impossible tasks to set them up for
failure, or constantly taking credit for their work.

2.2.5 Physical Harassment:

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This includes unwanted physical contact, shoving, or even violence. Physical harassment
can range from aggressive gestures to grabbing or hitting someone.

2.2.6 Online Harassment:

The rise of technology has brought cyberbullying into the workplace. This can involve
offensive emails, social media posts, or even online stalking. Sending someone threatening
messages, posting embarrassing pictures of a colleague online, or constantly criticizing
their work on social media are all forms of online harassment.

2.2.7 Retaliation:

If someone complains about harassment and then faces negative consequences, that's
retaliation. This is illegal and only discourages people from reporting. Examples of
retaliation include being demoted, receiving a poor performance review, or even being
fired after reporting harassment.

2.3 SECTIONS OF THE LAW (GIST AND EXPLANATIONS):

The investigates arrangements of law in consecutive request. Besides, its investigations the
job of the review committee, the Regulator, the executives, and company in a working
environment as for disposal of Harassment and usage of the current enactment.
2.3.1 SCOPE AND POWER:
Section 1 of the act characterizes extent of the relevance law which stretches out the entire
of Pakistan. While taking note of Section 1(2) of the related central rule, the Court
apprehended that 'the Federal Act must remain perused unhappy in this manner
constraining the degree of the Act to domains which don't frame some portion of any kind
of Province'.This field demonstrates after section of the 18th Constitutional Amendment,
objections emerging in the regions drop below the locale of the Provincial Ombudsman,
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though the Federal Ombudsman had selective purview regarding all grievances relating to
such territories in the organization that are excluded from any of the regions.
2.3.2 HARASSMENT:
Harassment incorporates inappropriate behavior as well as verbal or composed
maltreatment influence the employed circumstances or make the workplace risky aimed at
a person. Definition of now referenced overhead, is in consistence by the CEDAW
Committee's General Recommendation No. 19. The three critical types of Sexual
harassment in the workplace, as referenced in the Code of Conduct, is maltreatment power,
making an unfriendly situation, and counter. By all accounts, the meaning of Harassment
is wide and appears to incorporate all types of provocation notwithstanding to Sexual
Harassment. In any case, the Federal Ombudsman takes limited its significance whereas
deciphering it. There is a cases chose by the Federal Ombudsman, although investigating
that the term Jahil (uneducated) and Badtameez Aurat (unrefined woman) establish
Annoyance, the situation is explained all together aimed at an activity toward comprise
provocation, the activity ought to be serious and convincing enough to modify the
employed states casualties' business or reduce the working environment air scary,
unfriendly or hostile. That it will be intriguing in the direction of take communication of
that for this situation, the Federal Ombudsman didn't dismiss the thought that obnoxious
attack could be provocation, yet by thinking that the boisterous attack was not extreme
enough and was a detached episode, concluded that it didn't establish Harassment.
Conversely,for another situation, the Federal Ombudsman found that such verbal
correspondence constituted provocation in view of the consistent idea of the direct and the
general explicitly belittling disposition of the denounced. It tends to see the two cases; the
Federal Ombudsman had centered on the basis the power of the lead.

2.3.3 WORKPLACE:
The Definition demonstrates that the law relevant just before associations. Around one and
only of that cases prior to the Federal Ombudsman, the fundamental principle matter
remained instructive organization falls in the meaning of Workplace. For this situation, a
institution teacher was blamed for doing sexual harassment with the student. The Federal
Ombudsman saw litigant as blameworthy of inappropriate behavior so in that process make
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them two huge commitments concerning the Act. Right off the bat, the judgment noticed
that educational instructive establishments are additionally associations and consequently
fall inside the importance of the Work Environment such as characterized in Accordance
with Section 2(n) of the Act. Here's What clarified the law was material in order to colleges
or Institutions in the same manner that was relevant to different associations. Besides, the
Federal Ombudsman showed that a Institutions or college students ought not be banished
from carrying objection to the Ombudsman just for the explanation so she is not a
representative of educational organization or institutions. It held:
Reality leftover effort implies physical and psychological exertion or action coordinated
creation or achievement of somewhat that one is responsibility, making or related
particularly as a profession or task an obligation or an errand along these lines, the Act
similarly applies to boss, representative and students.
On the off chance that the meaning of work environment is investigated further, it might
be noticed that despite the fact that the definition had extended by the previously mentioned
choice of the Federal Ombudsman, sure significant aspects the work environment is as yet
not secured below the definition i.e., conveyance gave the worker during job or a home
house. Interestingly, the Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act 2013, ordered in India, was more extensive through the
possibility the Pakistani law.The verbal is used in the Indian Act somehow respect meaning
of an aggrieved woman and work environment is progressively exact, right and widespread
as opposed in the Pakistani Act.
According Indian law, an distressed lady incorporates slightly employed woman working
for an ordinary term, impermanent, specially appointed compensation, for compensation,
on a deliberate premise or something else. She can either utilized legitimately or by way of
a contractor, she can be a probationer, student, disciple or named by some other name. A
office environment at the point incorporates wherever visited by the representative
emerging out of or throughout service, including conveyance gave business to
responsibility such an excursion. These definitions specify that the local worker woman
can file the complaint under the Indian law, that category came or includes under Sexual
Harassment under Indian law, so they can easily come to complain because they have
platform to complain. So that according to the Pakistani law they don’t have clearly define
 15

in the definitions about Domestic worker, if the domestic worker is accused of Harassment
then where she can go, not define clearly that what is the jurisdiction of domestic worker,
it is the big gaps or loophole in the Pakistani law. It must be amending in the Sexual
Harassment laws. In any case, the Pakistani law doesn’t appear to oblige grievances of
household laborers or the individuals who bugged on open conveyance while driving to
their working environments. No announced cases in our country in such manner and agreed
the wide language ahead of legislature, the issue is presently completely left-hand to the
Ombudsman/legal executive. Who may decipher definitions as per caution?
2.4 INQUIRY COMMITTEE AND PENALTY:

According to the section 3 of the Act involves entirely Associations, together with Federal
and Provincial management administrations, private foundations just by means of
instructive establishments to take an Analysis Committee. The Inquiry Committee
comprises three individuals wherever at minimum there is one fellow must be woman, and
a complaint likewise be made against any separate from the Inquiry Committee itself. The
individuals from the commission are compulsory to ensure that earth of the request
procedure is not scaring, and to choose cases with no inclination. The power of the
Investigation Commission is depicted in Section: 5 of the Act, that incorporate the ability
towards gather or call what is more uphold participation of somewhat individual then
analyses them on promise, near necessitate revelation besides creation of slightly archive,
toward get proof continuously sworn statements, besides to highest proof. The Inquiry
Committee could restoratively medically inspect the complaint and to make proposals to
the Ombudsman for proper activity. Besides, the Committee can keep the procedures
classified. The Inquiry Committee upon its discoveries can grant slight or significant
punishments denounced. Minor punishments incorporate rebuke, retaining for a period,
slowdowns, or recuperation of remuneration owed to the complainant from the
compensation or some additional wellspring of salary of the blamed. Significant
punishments incorporate downgrade to a lesser post, obligatory retirement,
evacuation/excusal after administrative and a fine. It might renowned anyway that the
Inquiry Committee arises vigorously just at what time a provocation occurrence is
accounted for to it. Along these lines there is absolutely no arrangement in the legislation
that expects to it direct standard evaluations as far as work environment or take on unknown
 16

objections that could be measured being as one and only of the downsides of the law. On
the off chance that the Act commands the Investigation Commissions for standard
appraisals of the work environment, that could dodge conceivable provocation episodes
and lead to a more secure working environment climate.
2.5 ROLE OF THE OMBUDSMAN:

On the off chance that the complainant or the blamed is not happy by the choice of the
Inquiry Committee, that can generally interest the Supervisory body. An Ombudsman has
indistinguishable authorities which are conferred in a common court of law under the Code
of Civil Procedure 1908 (Act V of 1908). Moreover, a grievance will be able to likewise
be there recorded with the administration of an association on the off chance that it accepts
so the complainant had made bad intention endeavor to purposefully criticize somebody.
The fundamental reason for the Federal Ombudsman, as noted in Salim Javed v Federal
Ombudsman, is to give rapid and modest equity to the abused gatherings and therefore any
choice that has been made by the Federal Ombudsman cannot be tested in certain other
court. In any case, a portrayal may be made to the President of Pakistan or Governor of the
relevant province, by and large, in accordance with paragraph: 9 of the Act.

2.6 RESPONSIBILITY OF THE ADMINISTRATION AND WORKER OF THE

WORKPLACE:

That whole duty regarding to secure of woman against harassment had be rested on the
administration of an association, showing that a business is liable for actualizing the
applicable arrangements of the Act effectively in their workplace. As indicated by Section:
11 of the Act, employers remain liable aimed at the powerful joining of the Code of
Conduct intended for the security in contradiction of provocation by way of a component
of their administration strategy toward shape an Investigation Commission alluded in the
direction of trendy Section: 3, besides to assign an able expert alluded to in Section: 4 of
the Act. Also, that one is duty of the employer to show the Code of Conduct in English just
in the same way happening the linguistic comprehended by dominant part of the
representatives at obvious spots to expand commonality to the principles. Section: 11 of
the Act had supported the worker’s risk method For Example every worker of an associated
 17

might record an appeal under the districts court of the area court because of the worker’s
inability to satisfy his/her obligations under the said enactment. The employer’s obligation
doesn’t close per the showcase of the Code of Conduct and development of an Investigation
Commission, it additionally reaches out to assembly brief changes in order to guarantee
that the accused and the complainant don’t have any association with one another during
the examination time frame. As effectively noticed, that law had be joined by a Code of
Conduct which lays down the base norms of conduct that could be enhanced with a
association itself. Considering the overhead examination, the law essential be
acknowledged meanwhile it pertains to the man and woman, private and non-private
foundations containing instructive establishments, then on the grounds that complainant
could be took in contradiction of workers, the board of an association what is more smooth
individuals from the Analysis Commission of an association. The litigation going on this
Act shows that Federal Regulator had practiced the aforementioned carefulness instead of
compelling utilization of the law. One deficiency of the Act is that it doesn’t consider
segregation looked or faced by the women at their work environments because of their
sexual orientation. Such segregation could show by self in numerous manners: woman is
as often as possible denied enough pay rates, openings like individuals so are granted to
man, or essential necessities at the work environment. These biased practices ought to
likewise be viewed as Harassment under the law and managed as need be. Moreover, it is
prescribed to the administrators of Pakistan to unmistakably include ‘Dwelling House’ and
‘Transport’ of the workplace’ in the meaning of Workplace. Likewise, the ombudsman
ought to comprehensively decipher the arrangements of the by-law by using the standards
of equity and reasonableness and not translate the meanings too barely.
 18

CHAPTER 3: CASE LAWS OF HARASSMENT IN PAKISTAN

ASIF SALEEM V CHAIRMAN BOG UNIVERSITY OF LAHORE (2019 LHC 1620)

3.1 INTRODUCTION:

The ongoing verdict of the Lahore High Court in Asif Saleem v Chairman BOG University
of Lahore is actuality praised intended for the aforementioned commitments to the
jurisprudence discussion encompassing the matter of inappropriate behavior on working
environments in Pakistan. That verdict can properly remain well thought-out to grip
milestone position in our country case judgments aimed at motivations to be talked about
judgment which is define in this case very well to know about the case note. It
apprehensions the evacuation an educator in the well-known University of Lahore on
allegations of inappropriate behavior then had gotten the enthusiasm of the people for a
few whys and wherefores. That verdict grows the extent of the meaning of Harassment at
office, boss, and the representative to ignore or protection the cases which come to be
ignored on account of prohibitive comprehensive of these rapports. It likewise gives a
special utilization of the regulation of in liming controller, alluding to court’s position to
discard the case at the earliest reference point.
That judgment clearly defines and talks about the previously mentioned verdict by first
portraying the realities, thinking, and the decision of the court alongside the investigation
of the points of reference depended upon in the decision. Subsequent that, it investigates
the earlier laws looking into the issue and gives a concise record of the background of the
Harassment Act 2010. In the wake of set the decision in its lawful verifiable setting, the c
case notes investigations the Lahore High Court's thinking in choosing the problem at
needle.
3.2 REALITIES AND DECISIONS:

The judgment relates to Sexual Harassment at the working environment, in which the
petitioner was filling in as he first commit harassment in the same institution where he is a
Associate Lecturer at the University of Lahore then remained likewise an the same a
 19

scholar of Doctor of Philosophy in the similar university, so the case start from here. The
petitioner was blamed for sexual wrongdoing with one of his students. the Student asserted
this applicant had Sexually hassled this woman with dispatching her immoral instant
‘SMS’ although she was assembly a scholarly inquiry. That student additionally, asserted
that the assistant professor used or trying to induce her that come with on long drive where
we can enjoy the ride and also said her to make food for him In addition she asserted when
i was the class girls representative(GR) on the request of the class then that the Petitioner
redirected the discussion in the direction of sex and communicated his aim intended aimed
at a sensual connection. She additionally guaranteed this approximately additional different
girls’ student correspondingly confronted lewd behavior as of him. An investigation was
started, and the accused remained excused on or after the administration according the
Harassment (Amendment) Act 2012 which is likewise removed from the Doctorate
program. The professor recorded an intrigue counter to this choice to Ombudsperson. The
Ombudsperson adjusted the discipline from 'excusal' to 'expulsion' from the administration,
the distinction being that 'excusal from administration' condenses the representative
precluded on or after future business even though 'expulsion from administration' doesn't
banish from future work. Against this choice, the applicant documented an intrigue
previously the Governor of Punjab has said and got excused for actuality not viable. Along
these lines, the petitioner recorded a writ appeal under the steady gaze of the Lahore High
Court on the basis of Article 199 of the Constitution of Islamic Republic of Pakistan 1973
and tested the requests gave through the Campus on pounded of infringement of the fair
treatment directly as ensured according to 10A article Constitution. Where he have writ
appeal, the lawyer for the accused contended which was professor said he has not have
opportunity of an open door for an individual listening and was, in this way, denounced
unheard. Moreover, the petitioner contended said that law was not relevant to his body of
evidence and the body of evidence in contradiction of him depended on envy. In the
opposition side, the defendants contradicted these contentions and appealed to God for
excusal of the applicant. Considering these contentions, the court confined three essential
issues:
1. Regardless of whether the Defendants was supported to force punishment of expulsion
from administration against the Petitioner, according to the Act?
 20

2. Regardless of whether or not the Defendants was legitimized to oust the Petitioner on
or after the PhD. program of the University?
3. Regardless of whether that appeal could be excused in limine?
To decide the primary unsettled issue, the judge started beside the emphasis of governing
body's pledge to give an innocent and protected condition aimed at woman, as exemplified in
the destinations of the Harassment Act 2010 (as corrected by the Punjab Protection Against
Harassment of Women at the Working environment (Amendment) Act 2012). The court
additionally alluded to the established commitments as cherished underneath Articles 14, 25
and 34 to secure the nobility of people, and take uncommon actions to guarantee equivalent
furthermore, full support of women in all circles of national life. In spite of the fact that Article
34, being a piece of the Doctrine of Policy, isn't justifiable, its infringement joined with the
infringement of different arrangements of law gives a relevant crushed to announce a request.
Against these authoritative responsibilities to guarantee the secure of the woman from
harassment at office, the judge firmly investigated the meanings of Harassment, working
environment, worker, and the person in charge to decide the benefits of the decision. Alluding
toward meaning of harassment by way of gave beneath area 2(h) of the Act, the judge saw
that the situation gives a comprehensive rundown of the demonstrations connected with
service or work condition, that might be known as harassment, look after the administrative
purpose "to shield all workers from being bugged or misused all through service" in thought,
the judge generously deciphered the meanings of worker and office and held that: "any
specialist whoever is utilized in any way or limit with the manager is shielded from being
hassled." Consequently, considering such translations of the definition provision, the solicitor,
being a teacher, remained conducted by way of the representative just as the undergraduate of
the institution who at his work as educator misused and harassed girls’ scholar by sending her
profane SMS for unlawful reason. By these perceptions, the judge thought that the petitioner
had neglected to demonstrate any wrongdoing or lawful willfulness cutting-edge the reproved
orders (declared by the University advisory group and the Ombudsperson), and, in this
manner, the defendants was legitimized in forcing the punishment of expulsion from
administration according this Act. Which the subsequent matter relating to the ejection of the
solicitor on or after the PHD program, the judge depended upon the constitutional
commitment to give a sheltered and safe condition and guarantee equivalent cooperation of
 21

women in the natural life. Considering these statutory commitments, the judge said about
assumed that the applicant has be the liable; his quality at the campus could be a danger to the
person in question about different female students. Consequently, ‘‘to make a sheltered and
sound instructive condition that entire the woman students, the nearness of the accused in the
accused in the same institution was baseless and unpardonable.’’ About last matter, the judge
perceived the burden triggered as a result of the all-purpose training received ahead of the
judge thereby that problem notification to the gatherings as opposed to excusing the appeal at
limine step. Prearranged the superfluous bother produced, so expanding accumulation of the
decision in Islamic Republic of Pakistan, the judge harangued for receiving the limine Control
Convention in discarding the issue before it, toward the start. Be that as it may, such tact
should be ‘‘grounded on acceptable open arrangement and case the executives place.’’

3.3. CASE CONCLUSION:

This case notice could be a push to start a communication the trouble of harassment thinking
about the persevering with judgment rendered via way of means of the Lahore High Court.
That trouble, be widespread on countryside, had ruined the fundamental foundations about
lovely civilization, stimulated the college of female, then unnoticed there financial what is
more, societal rights. Specified the vital certifications gave inside the constitution of 1973,
that continuing verdict can be a impulse to solidify the goals of the composers of the Statutory
to steady woman, assure there complete hobby inside the country public life expectancy, and
warranty equal opportunities to them. The moderate translation gave to the terms, 'running
environment’, ‘provocation' and 'representative' provide this decision a noteworthy an
incentive inside the statute emerging at the problem of molestation at Islamic Republic of
Pakistan. Also, the usage of conference of manipulate used by the courtroom docket so that
additionally accentuation gave his main Complain furthermore provides to the estimation
about that decision. Which can sensibly be norm all about that verdict could traditional the
prison subculture, so the rights to the women and start a beneficial dialogue in this trouble in
lawful meetings.
 22

CHAPTER 4: GAPS IN THE HARASSMENT ACT, 2010

4.1.INTRODUCTION:

The Law was planned to stretch the aid counter to demos of harassment to any man or
women who is a customary or a lawful bound delegate as to whether applied at the day via
way of means of day, week after week, month to month or hourly idea and includes an
understudy or a disciple. A close by evaluation of using Laws in Pakistan indorses that
these civil rights are extremely overlooked. The ideological groups are curt at passing new
laws. In any case, they’re now no longer proper on the subject of usage.

Harassment at work environment has remained one of the most important contributing
elements that hinder female on or after fitting together the employees in Pakistan. The
Protection against Harassment of Women at the Workplace Act 2010 gives legitimate
security to woman against provocation next to working environment and changes the
current enactment with respect on ladies' right side to work in Pakistan.

Although, it is a right step towards safeguarding women at workplace, but it has many
deficiencies that needs to be corrected to protect our women and provide them healthy
environment at their workplaces. Hence, following are few gaps regarding statute:

4.2 DEFINITION OF THE HARASSMENT:

The definition of harassment in Act, 2010 has already been mentioned above. So, by
analyzing it thoroughly and going through different judgments of higher courts,
particularly recent judgment of Islamabad High court given by CJ Athar Minallah in 2019,
there are many lacks in it.

According to ruling of the IH this definition is of limited scope because it ‘exhaustive’ by

nature. Therefore, it does not cover ordinary meaning of harassment used in common
terms, rather its ambit has been limited to ‘sexual harassment’ only, whether verbal or
physical.
 23

Recognizing the sexual harassment and possibility of jurisdiction, the court request stated,
Contingent upon the realities and conditions, harassment aimed at the motivations behind
the Act of 2010 can be of various structures, spoken non-spoken or physical. The greatest
essential element meant for deciding ward of Ombudsman is the direct, demeanor or act
and so forth griped of must be of sexual nature and different components referenced in area
2(h) are likewise in presence.

Hence, this needs to be amended and its scope should be extended by not limiting it to Act
itself. Further, it should not be confined to sexual harassment only.

4.3 DEFINITION OF WORKPLACE:

Act of 2010 defines workplace, already defined above, but it does not incorporate places
outside workplace where employees go for their official tasks. For example, it does not
define official transport used by employees of organization from their work to home or for
any official tasks they usually engage.

Furthermore, it also does not give anything regarding any situation where employees of
different organizations come in contact with each other at any place and in case if anything
happens there then what should victim do or where it goes for remedy.

4.4 NO INFORMAL BUSINESSES ARE COVERED UNDER ACT:

Harassment Act, 2010 covers only authorized organizations such as private and public
entities, including universities and colleges. But unfortunately, it does not cover areas
related informal works, such as domestic household’s employees, women working at
agricultural fields or at shops or other such businesses which are normally not registered
under any municipal, provincial and federal laws/departments.

There are numerous instances of harassment at such places and Act lacks to provide
protection such poor women and there are other laws to protect them as well. Therefore, it
must revise its definition of ‘organization’ and must cover all such informal businesses to
protect these vulnerable women as well.
 24

4.5 INQUIRY COMMITTEE’S COMPOSITION:

Under the Act, it mandatory upon each organization to establish inquiry committee,
comprising of three senior members from its own organization, including at least one
woman. It has been given powers to conduct inquiry of alleged offence by requiring
accused, witnesses, and victim to present their arguments. There lots issues regarding or
with such composition of inquiry committee.

Firstly, it is composed of senior members of same organization where alleged act of

harassment occurs. So, it is contradictory to the basic rule of natural law regarding ‘conflict
of interest’. Because committee members being employees of same entity there are more
chances of them being biased while conducting inquiry of their own fellows. They might
take side of accused being their own colleague. Therefore, act must provide to hire or make
inquiry committee of independent members from other organizations. In this way, unbiased
and impartial inquiries can be conducted.

Secondly, these members lack basic technicalities to conduct such inquiries. Like, they do
not have proper training to investigate, cross examine and apply legal rules to situations.
They are not highly qualified to hear such cases and give their subjective analysis regarding
instances of harassment. Because act itself is not objective in nature, however subjective
assessment needs to be done regarding any alleged affiance whether it comes in the ambit
of law or about intensity of any alleged act. Therefore, legislatures must overview this point
as well. At least proper training of inquiry committee’s members must be made mandatory
to conduct effective investigation and give just judgment.

Thirdly, they are not given powers of civil courts to issue notices to accused or witnesses
to attend such inquiries. Because in case anyone avoids their issued notices, they do not
have any powers/authority to implement their issued directions legally. Therefore, they
must be given some powers to make sure that everyone complies their orders and indeed it
will help to effectively investigate and conduct inquiry efficiently without any delay.
 25

4.6 TITLE OF THE ACT:

“The Protection against Harassment of Women at Workplace Act 2010”, title of the Act
only mentions ‘women’ in it, although it covers harassment against men as well. But it
would correct to amend this title as “the protection against sexual harassment’. Further
instead of using gender i.e. men and women, it should use word ‘person’ to include
transgenders in it as well.

Moreover, by doing this it will also expand its limits restricted up to ‘workplace’. Because
in our society women are harassed everywhere and they must be protected everywhere, not
only at their workplaces. For instance, our women are mostly harassed in the markets, at
roads while going for work or home or anywhere. Hence, our parliamentarians must review
it and broader its scope instead of limiting it only to formal workplaces.

4.7 ISSUE OF JURISDICTION BETWEEN PROVINCES AND FEDERAL:

In case any instance of harassment occurred in any of the province, then does federal
ombudsmen have jurisdiction over it to redress such complaints. According to Act, its
scope extends to the whole country. But in actual practice its bit more confusing and
complicated.

Recently, Lahore High court discussed this issue in Salim Javed Baig v Federal
Ombudsman, and the commission considered that, “the Central law needs to be examined
out of order subsequently restricting the degree of the law to domains that don’t shape
portion of any province.

Therefore, after the 18th amendment in our Constitution federal ombudsmen has only
jurisdiction over areas which does not fall in any of the provinces, and all other instances
occurring in provinces lies under the jurisdiction of provincial ombudsmen.

4.8 COMPETENT AUTHORITY:

Once inquiry committee has completed its investigation then it forwards its decision along
with recommendations to higher authority, appointed under Act by organization, for
implementation of it. But there is no such procedure given in case competent authority fails
 26

to implement inquiry committee’s recommendations or in case it faces implementation

issues. Because government has also not been granted powers under act to implement any
decision, nor competent authority.

Further, in case competent authority is complacent with accused or it does not implement
in its given timeline inquiries committees’ recommendations then there are no harsher
punishments given in act. Therefore, act must explicitly describe whole procedure, in
addition must provide implementing powers to government or at least to competent
authority and harsh punishments must be provided for competent authority if it fails to
fulfil its obligation/duty.

4.9 CONCLUSION:

Like that manner, the Protection against Harassment of Women at Workplace Act 2010 is
a optimistic growth. It incompletely contents the legitimate obligations of the Government
in the direction of women consolidation and universal work measures. In any case, the
enactment experiences serious impediments just as usage shortfall.
 27

RECOMMENDATIONS AND CONCLUSION:

RECOMMENDATIONS:

Considering our above investigation, a few ends can be drawn, and suggestions made. The
Ombudsman have a tremendous obligation in cases identified with work environment
provocation. Since harassment is an emotional issue and accordingly can’t be handily
surveyed or estimated, the setting where such acts happen, and their power are significant
deciding elements. This place an immense obligation arranged the Ombudsman to assure
that the utilization in which the law was predictable in accordance with the ambition of the
legislation and in conformity with the standards of the judicial system, value and decency.
Moreover, it ought to be mandatory for associations to lead ordinary evaluations as for
episodes of Harassment. In the conclusion, mindfulness raising efforts should be directed
by the assistance of mass media and non-benefit associations thus extra women know about
their privileges according the enactment and can along these lines exploit it.
CONCLUSION:

The law Pakistani government made in the National Assembly passed from the parliament
which name was harassment law bill was passed in 2010 obligation remain acknowledged
meanwhile the aforementioned the primary of the situation sort to handle Harassment by
way of an interesting legitimate matter, that is violative of a women’s entitlement to figure
in Pakistan. By securing a women’s entitlement to figure, the law confirms the
Government’s responsibility afterwards satisfying its Universal Treaty commitments, for
instance, persons underneath UDHR and CEDAW. additionally, it's permitted woman to
talk loudly against Harassment at the work environment then had given them the same
chance to acquire job, that is able to within the long-term result in more prominent women
investment within the labor force and therefore financial situation in our state. Nonetheless,
in accordance with govt of our country must share some legitimate measures to ensure the
powerful execution of the Act.
 28

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