Protection at the workplace

In layman terms, any form of physical, verbal, or virtual undesirable behaviour or action which is invasive, disgraceful, and frightening for an individual and disrupts the workplace environment hence turning it into an uncomfortable place to work is called workplace harassment. The United Nations describes “harassment” as an action or behaviour that makes the work environment toxic and provides a hindrance to the performance of the worker or employee. Millions of women around the globe experience sexual harassment at their workplaces and on the streets every day. According to research, more than 50 percent of female employees in the European Union experience harassment on a daily basis.

The situation in Pakistan is uglier than ever and the ratio of sexual harassment has alarmingly ascended in recent times. Due to the prevalent patriarchy in society, numerous Pakistani women are a victim of domestic violence and abuse as well as harassment and discrimination at the workplace. Be it forced marriages, physical and psychological abuse, ferocity on domestic workers, uncomfortable sexual remarks from the boss or colleagues, Pakistani women either in city or village is not safe. There has been a long-standing demand for a safe work environment for women in Pakistan. The women rights activists have been raising their voices against the discrepancies in the law and constitution of Pakistan which is vague and does not have much to offer Pakistani women to ensure a toxic-free life at home and work.

In 2010, the government of Pakistan had passed a bill to protect the rights of working women, and provide them a safe environment. However, the bill received criticism owing to several ambiguities. The bill was passed for the safety of Pakistani women at the workplace, but it turned out to be a mere piece of paper. It failed to illustrate several terminologies and definitions and seeking justice against any sort of sexual harassment through this bill proved to be nothing but a wild goose chase.

In an attempt to address this burning issue and eradicate the opacities that dominated the previous law, the Ministry of Human Rights has amended and passed a new bill on January 25, 2022 that appears to be a breath of fresh air for Pakistani women who have been the victim of atrocities for decades. The bill provides a comprehensive definition of employee, employer harassment, workplace, and the complainant, something amiss in the previous law. The lack of definition of these terms earlier made it hard for victims to get relief from that law. However, the new law has redefined these terms after reviewing the previous bill by procuring extensive input from lawyers and women rights activists.

The previous law only used the term “complainant” which has been substituted in the current bill by “any person”. This means that the current bill is comprehensive in nature and any person regardless of gender can seek justice and protection through this act. The amendment is favourable, especially for the transgender community.

The new bill also defined the term “employee”. Employees usually work as part-time, freelancers, sportspersons, interns, domestic workers, house helpers, students, artists, performers, etc. Emphasising on their rights, the new bill ensures protection of all the people who are on a regular/ contractual or freelance basis. Previously, if an employee left the organization due to the hostile environment, they were unable to seek protection under the 2010 act. For this very reason, the term “former employee” has also been included in the bill for employees who were unfairly removed or have resigned from the organization.

Countless domestic and home workers face abuse at their workplace which often goes unreported or unnoticed. According to International Labour Organization (ILO), there are more than 8.5 million home workers in Pakistan and most of them are women and children. There are several case studies where domestic workers in the past have suffered harassment at the hands of their employers. In 2020, a child worker was beaten to death for letting the owner’s parrots escape. Apart from these high-profile abuse cases, many domestic workers face sexual harassment and exploitation but the government fails to provide them any protection or justice. Thus, including domestic workers in the definition of “employees” is a commendable step towards a safer environment.

One of the most significant clauses in the current bill is the extended definition of the term “harassment” which defined it as ‘discrimination based on gender, which may or may not be sexual in nature’.

The bill also includes cyber stalking. The online harassment women mostly face during online businesses can be verbal, visual, or written sexual communication. With the new bill, women can now complain about sexual or non-sexual harassment taking place both in physical and online workplace.

Focusing on the term “workplace”, the bill explains that all the educational institutions, concerts, performance facilities, gigs, courts, gymnasiums and sports complexes now fall under the category of the workplace. The bill also acknowledges the exploitation of the law which has been a common practice in Pakistan. For example, defamation cases are often manipulated to punish the survivors for coming forward and voicing their stands. This new law now empowers inquiry committees to consider “counterblast suits” for defamation as retaliation.

The main challenge facing the new bill is the implementation of the bill. Today, many women in our society are not aware of their rights or where they should complain if they face workplace harassment. There is a dire need to train women and make them aware about this bill so they can educate themselves about their workplace rights. There is also a need to establish an environment that is free from sexual discrimination and for that, all companies or offices must have some women in leadership positions.

The sole purpose of this amendment act is to safeguard the rights of person at workplace and fulfil Pakistan’s constitutional obligations to its citizens and provide them a safe workplace environment. It would also increase women’s participation in society. The best solution for a safe environment is to change the mindset of people which will take a long time; until then this law has to be enforced and there should be zero tolerance for workplace harassment.

The writer is an analyst and researcher on national and international issues