News Analysis |
Gilani on Monday, 28th January 2019. The complaint [of harassment at the workplace] was against a headmaster of special education center in Lahore. In Pakistan, especially in suburban areas and towns in Southern Punjab, molestation and harassment in educational centers like schools and Madrassahs is a huge challenge. A female teacher in her complaint alleged that the headmaster had been harassing her since her appointment in the center.
She alleged that the headmaster whenever he would come across her uttered inappropriate words, tried to hold her hand and gave unethical gestures, all of which are violations of Harassment of Women at the Workplace act 2010. When the headmaster realized his failure in his negative designs, he tried to initiate departmental inquiries against her, the lady teacher alleged.
A female teacher in her complaint alleged that the headmaster had been harassing her since her appointment in the center.
The ombudsperson heard both the parties and found the headmaster guilty of harassment. According to a press outlet quoting a source, approximately 128 cases have been filed in the last five years at the Ombudsperson’s office, excluding appeals, out of which 100 were almost decided with around 47 convictions. Almost 30 cases have been withdrawn in the same time frame and 18 people exonerated from the charge.
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Meanwhile, a source in the FIA confirmed statistics, saying that in 2018 around 335 complaints of harassment and blackmailing on social media were filed by women from Lahore. After an investigation, 31 of those were finalized as FIRs. Pakistan enacted a new law namely “The Protection Against Harassment of Women at Workplace Act, 2010”. This was the first time that sexual harassment had been defined in Pakistan through a legislative instrument.
Before this enactment, there was no clear definition of harassment, whether at public, private or workplaces. Section 509 of Pakistan Penal Code 1860, talked about “insulting the modesty” of a woman but there was no clear definition of “modesty”. Moreover, there was no law to prohibit harassment at workplace. Earlier this month, a DIG of Gilgit-Baltistan Police, Junaid Arshad had been dismissed on the allegation of harassing his former wife on social media.
When the headmaster realized his failure in his negative designs, he tried to initiate departmental inquiries against her, the lady teacher alleged.
The harassment complaint was filed by Ayesha Subhani, the former wife of Arshad, in September 2018. She alleged that her former spouse had posted immoral photographs of her on social media with the intent to defame her. Former CJP Saqib Nisar had taken suo moto notice of the matter and ordered the immediate arrest of the DIG.
Read more: Can an FIR be registered against the invigilator who harassed girls…
On January 1, President Arif Alvi ratified Arshad’s dismissal orders after which the DIG filed a review petition. Both, the president and the establishment division upheld the decision to dismiss the officer from his post. As a social responsibility, GVS would like its readers to know what the harassment law is. Here is a brief overview of the actions that fall under harassment according to the Sexual Harassment Act 2010:
Sexual harassment includes but is not limited to:
- Making unwelcome sexual advances
- Verbal harassment or abuse, verbal or written communication (it includes narration of sexual incidents, emailing or messaging or showing explicit sexual content in print or electronic form (SMS, Email, Screensavers, Posters, CDs etc)
iii. Request for sexual favors (invitations for sex, requests for going out on dates)
- Physical conduct (like touching, kissing, patting, pinching, physical assault like rape etc)
- Sexually demeaning attitude (leering or staring at a person’s body
To register any complaints, the Federal Ombudsman’s office can be reached at info@fospah.gov.pk