The New Nation - Internet Edition

Ahsan Liaqat

People have a tendency to create stereotypes of people they know little about. One of the most common stereotypes is of women in the eastern part of the world. There is a perception in the West that the women in the Muslim countries are suppressed, exploited and not empowered. Similarly, women of Pakistan are always stereotyped of how they have no rights in their country which is obviously wrong.

The Pakistani women of today enjoy a better status than most women in the Muslim world and they are playing an increasingly important role in politics, economy, arts, literature and sports. Apart from the medical and education fields, women in Pakistan are now working as journalist, judge, lawyer, banker, TV anchor, pilot and business person in increasing numbers.

The women in Pakistan have 33% reserved seats in the National Assembly and the four Provincial Assemblies. They also have 33% reserved seats in the local governments which allows them to effect a social change at the gross roots level and eliminate misperceptions about the role and status of women. The present government has allocated 10% quota for women in the prestigious Central Superior Services which is in addition to the normal 10% quota that the women enjoy in all other government jobs. The women have been serving in the police department but now they are also being recruited in other wings of armed forces besides medical. Pakistan was the first Muslim country to have an elected women Prime Minister, when Shaheed Mohtarma Benazir Bhutto was sworn in as Prime Minister in 1988. At present the Speaker of the National Assembly is a lady and so is the Governor State Bank of Pakistan.

Apart from having enacted laws to abolish discrimination against women, the Peoples Party government is also introducing legislation on sexual harassment at Workplace. Harassment at workplace is a very sensitive matter. Though, both women and men could be targets of harassment acts, women are at greater risk of harassment at workplace, and public as well as private spaces. Harassment violates an individual's constitutional right to live with dignity. Since women are mostly the victims of harassment, they find their careers and their reputation at stake when they take an offence to harassment acts. Harassment narrows the range of economic opportunities available to women, and is a major obstacle to Pakistan's development as it obstructs women's entry to workforce. The absence of a legislation to address the issue reinforces the vulnerability of the sexual harassment victims. A legislation to address sexual harassment at workplace is important because it protects a person's right to work in a secure environment. The constitution emphasizes justice for citizens, and legislation can best provide a legal structure to ensure protection for the workforce.

The Peoples Party government in Pakistan has, therefore, decided on a set of legislation to address sexual harassment at workplace. The set of legislation includes a comprehensive Bill titled "Protection from Harassment at Workplace Act (PHWA), and a Bill to amend the Pakistan Penal Code 1860 and the Code of Criminal Procedure 1898. The Bill is gender neutral, meaning it covers sexual harassment at workplace against both men and women. It makes no distinction between the victims and the perpetrators on the basis of gender.

The PHWA incorporates three elements. It proposes a Code of Conduct for Sexual Harassment, it calls for establishing an Inquiry Committee within an organizational set up to deal with complaints regarding sexual harassment and it also provides for Appellate Authority to address appeals related to harassment. The PHWA requires the employers to implement the Act, incorporate the Code of Conduct for Protection from Sexual Harassment as a part of their management policy, and form an inquiry committee to look into sexual harassment cases.

The Code of Conduct provides guideline for behaviour of all employees, including management, and the owners of organizations to ensure a work environment free of harassment and intimidation. The CoC also lays down guidelines for the victims of sexual harassment to seek recourse incase of a grievance. It provides for formal and informal structures that can assist victim in addressing any complaint pertaining to sexual harassment.

The Inquiry committee would consist of three senior management members including one woman and mechanism to maintain the standards of impartiality and credibility will be outlined. The Inquiry Committee would submit its findings and recommendations to the Competent Authority within thirty days of the initiation of inquiry. The Bill also proposes establishment of ombudsperson structures across the country on federal and provincial levels as Appellate Authority to enable the complainant to seek recourse in case of dissatisfaction with the composition or the findings of the Inquiry Committee. The establishment of Ombudsperson as an external mechanism is to ensure that victims are not discouraged from pursuing sexual harassment cases.

The legislation also provides for structures for confidentiality requiring the Inquiry Committee and others to respect the privacy and dignity of all involved in a sexual harassment case.

Though certain sections of the Pakistan Penal Code (PPC) address sexual harassment, problems in terminologies restrict opportunities for effective implementation of the Code. Language such as "violate the modesty of women" leaves the space open for interpretation. The Section 509 of the PPC deals with harassment in the public places only. Workplace is considered a private place and these clauses are not applicable there. The set of Sexual Harassment Legislation proposes amendments in the section 509 of the PPC 1860 and the CCP 1898, expanding its ambit to cover sexual harassment at work place. The amendments outline definition of sexual harassment and also increase the maximum punishment for such acts from one year to three year. In the past , any woman who complained against harassment was further intimidated by the perpetrator to take the case back. The fear of reaction and further harassment kept women from coming forth with complaints. The changes in the PPC and the CCP make the offence non compoundable, minimizing any possibility of a forced deal to allow the perpetrator to escape the course of justice. The amendments in the PPC and the CCP facilitate a safer environment for women at workplace, as well as in public spaces. These two amendments along with the Bill on Harassment at Workplace lay down formal structures for a safer and secure work environment for Pakistani workforce.

The proposed legislation is a fine case of government-civil society collaboration. The Bill incorporates extensive inputs from diverse range of civil society organizations, including women's rights organizations, legal experts, labour rights bodies and human rights leaders. The legislative package on sexual harassment went through several consultative stages with the stakeholders.

The government has followed the guidelines on safety and justice while drafting the legislation. The proposed legislation provides security to the complainant to encourage her/ him to pursue the case at an official level. The victim also has an expanded range of choices in terms of authorities dealing with the complaint. The Legislation provides for comprehensive internal and external setups to address the grievances of the complaint.

This legislation will encourage more women to join the private and public sectors thereby propelling the national economy and boosting the growth rate.