Women and Their Workplace

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women empowerment in Pakistan has, for the longest time, brought with it issues of harassment and intimidation in various areas, be it a domestic setting or a public place. The major discouraging reasons for women to step out of the comfort and protection of their houses have been abuse of authority, intimidation, insults, inappropriate behavior and harassment at work place. It has been a constant endeavor of the State to provide adequate safe guards to working women. While there were some existing sections in the Pakistan Penal Code which address the sexual harassment of women, there was ambiguity, and although some sections like Section 509 of Pakistan Penal Code were amended to clarify relevant terms and clauses and increase the maximum punishment, there was still a need for further enactment.

In addition to such amendment, which carry forward the intention of the state to provide safer public and work spaces for women, a law called the Protection of Women against Harassment at workplace Act, 2010 came into force in 2010. On one hand, it elaborates and explains what behavior constitutes harassment and on the other, gives a procedure of complaint, enquiry, appeals, punishments and hearing. It, like any other rule of law, provides notice to the accused & gives an equal opportunity of hearing and defense. It also covers adequate safeguard for the complainant against hostility, retaliation or any discriminatory act that maybe undertaken by the accused after the filing of the complaint.

The Act directs all public and private organizations to provide a safe working environment for women and a complaint/appeal mechanism in case of harassment. The employers are responsible for its implementation and are liable to a fine, in case they fail to do so.

This Act is in accordance with the Human Rights Declaration, the United Nation’s Convention for Elimination of all forms of Discrimination Against Women (UN CEDAW) and International Labor Organization’s (ILO) convention 100 and 111 on workers’ rights. Furthermore, it adheres to all rules of dignity of women under the Islamic law and other religions, while providing them with an opportunity to work without fear of discrimination and eventually helping to reduce poverty.

The enactment of this particular law shows that Pakistan is emerging as a progressive country sensitive to equal gender rights and believes in providing an optimum environment for its citizens to work together for a brighter future.

Naima Salman, a Pakistani lawyer currently based in Beijing. November 2013