August 05, 2024
By Rana Malhi
ISLAMABAD
Recently, a grade-17 female officer of the Cabinet Division accused her senior, a grade-18 officer of the Cabinet Division, of monitoring her via cameras, delaying her performance reports, and displaying indecent behaviour. An inquiry confirmed her complaints.
Based on the findings, last month Cabinet Division Secretary Kamran Ali Afzal approved withholding the annual increment of the accused, Fareed Ahmed, Deputy Director (Technical) of the Cabinet Division, for five years under Section 2(h)(11) of the Women Protection Against Harassment at Workplace Act of 2010.
The Protection Against Harassment of Women at the Workplace Act 2010 is the primary law addressing workplace harassment in Pakistan. It defines harassment as any unwelcome sexual advance, request for sexual favours, or other verbal or physical conduct of a sexual nature that creates an intimidating, hostile, or offensive work environment. This law applies to both public and private sectors and acknowledges that harassment can occur between individuals of the same or different genders.
It mandates employers to establish a harassment committee with at least three members, including one woman, to handle complaints, recommend actions, and promote awareness about harassment.
Employers are required to display a notice informing employees of their rights and the complaint procedure. Employees must file complaints within three months of the incident, and the committee must conclude its investigation within 90 days. If harassment is confirmed, the committee can recommend actions like counseling, transfer, or termination of the harasser. Offenders may face up to three years in prison and fines up to PKR 500,000. Other laws, such as the Pakistan Penal Code and the Pakistan Electronic Crimes Act 2016, also address various forms of harassment.
Despite these laws, workplace harassment remains a significant problem in Pakistan. According to data from the Federal Ombudsman Secretariat for Protection Against Harassment at Workplace (FOSPAH), in 2023, 725 cases of harassment were reported at their head office in Islamabad and their regional offices in Lahore and Karachi. Of these, 517 have been disposed of. FOSPAH registered 398 harassment cases from 2013 to 2018, while 5,008 cases were registered from 2018 to 2022.
The Federal Ombudsman Secretariat for Protection Against Harassment at Workplace (FOSPAH) is an institution in Pakistan designed to address and resolve complaints of harassment at workplaces. It operates under the Protection Against Harassment of Women at the Workplace Act 2010, which provides a legal framework for creating a safe working environment for women.
According to the Digital Rights Foundation Cyber Harassment Helpline Report for 2023, the helpline has received a total of 16,849 complaints from across Pakistan. In 2023 alone, the helpline received a total of 2,473 new complaints, with an average of 206 new complaints per month, and February 2023 saw the highest number of complaints in the year. The report further states that in 2023, the highest number of complaints was received from Punjab (1,724), followed by Sindh (261) and KP (112).
Workplace harassment is a significant issue that negatively impacts employees’ wellbeing and job satisfaction. It can manifest in various forms such as verbal abuse, physical assault, discrimination, and sexual misconduct, and can be demeaning, offensive, or threatening. Such offensive behaviour is rooted in cultural pressures, gender inequality, lack of education, patriarchal norms, and socio-economic factors.
Addressing this issue requires a comprehensive strategy involving legal reforms, education and awareness campaigns, economic empowerment of women, and a shift in societal attitudes towards gender equality. Efforts should focus on promoting gender equality, enhancing legal frameworks, supporting victims, and fostering a culture of respect and zero tolerance towards harassment.