AJK Government needs to tighten the laws of sexual harassment

Author: Sardar Sami Baqsouie

Kashmir is full of beautiful scenes which are famous in the globe and that’s the reason it is known as “paradise on earth”. Pakistan administrative Kashmir is a small part of that heaven and blessed with natural beauty, but currently it is facing another tragedy after horrible earthquake 2005. Since 2005, after the worst catastrophe it started lifting its tail. But people were busy in their rehabilitation process, thus they did not consider that small events. Perhaps, their mistake was the lack of awareness, because such incidents never appeared before the tragedy (earthquake). And even if such incidents happened with someone, it was kept hidden due to fear. But today, sexual harassment has become a serious disease in the society. Now the number of incidents are increasing day by day. Mostly women, but some men, children and even adults often face sexual harassment.

Under Section 509 of the Pakistan Penal Code, if any person asks for sexual favors or uses non verbal communication or physical conduct of a sexual nature to annoy or threaten females at the workplace, can be punished with an imprisonment of three years or up to 0.5 million fine. In 2016, a professor was accused to harass his student during exams while in March 2017 a pregnant woman was physically harassed and raped near capital city. During her interview at Capital tv the woman exposed that she was taken to the forest and was tortured and abused, after which she tried suicide but was saved.

Just few weeks ago, many youngsters crossed the limits of oppression while this time their target was a young boy in the nearest town of district Bagh. They used extremely non-natural methods against him to physical assault and sexually abuse. Instead, they even tried to put him on fire in a brutal way. They did not just do it; they also made his video that is viral everywhere. Initially, the police showed a slow attitude as usual but then the whole area started protesting against this oppression. After which, the police have arrested few youngsters involved in the incident but the main accused is still on bail.

Under Section 509 of the Pakistan Penal Code, if any person asks for sexual favors or uses non verbal communication or physical conduct of a sexual nature to annoy or threaten females at the workplace, can be punished with an imprisonment of three years or up to 0.5 million fine

According to sources, such incidents are happening on daily basis. But the worst matter is that instead of seeking attention on legal action, parents mostly try to resolve the issue by calling a local jirga. Sometimes, such people belonged to strong political background. In most cases, the perpetrator takes advantage of the victim’s vulnerability & helplessness like they did in last case. In many cases, women have been victimized. Because women are taught to keep such incidents private. And this is also because they are thinking that they will be indirectly under suspicion in everyone’s eyes as they raised their voice against something they do not want to endure anymore. There is a fear in them, if such criminals will get sentence from court, the very next day they will be on bail.

Under section 24 of the Prevention of Electronic Crimes Act, 2016 If a person makes a video of any female with intention to distribute or display in public will be punished will be liable to punishment which may be up to 03 years of imprisonment or fine up to 01 Million rupees. Apart from that, there are many other strict rules to stop and punish the harassment on work place, home and in cyber form. These laws have not been implemented properly and even not properly publicized within the state of Pakistan. But will these rules apply only to the provinces of Pakistan or the benefits of such laws can be imposed in Azad Kashmir to save the women, children and adults from abuse and sexual harassment?

Imran Ali, who was convicted for the rape and murder of six-year old Zainab in Kasur earlier this year, was hanged last week in Lahore. But there is a Zainab in every village and every town of Kashmir; there are many Imran whose crimes are in front of everyone, and even they are making them blackmail by capturing their videos so that no Zainab could raise the voice. But the fact is that women will seldom come out to raise their voices against injustice, strengthens the perpetrators’ determination to touch whoever they like, the people will have to struggle to remove the disease , and to make a clean society for their daughters, children and even for their teenager. Human rights organizations should also play their role in preventing such incidents. Moreover, the government must have to take practical steps. And more stringent laws should be made so that perpetrators in such crimes do not escape from punishment.

The writer is a blogger and a social worker

Published in Daily Times, October 28th 2018.

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