Anti-discrimination laws in academia

Author: Dr M Khalid Shaikh

The constitution of Pakistan has the following lines in it: article 25 (1) all citizens are equal before law and are entitled to equal protection of law. But what if the law about a certain issue simply doesn’t exist? Pakistan is a homogenous society. People from different ethnicities work together in different institutions across Pakistan. There is hardly any single institution where people from only one ethnicity are employed. In such a homogenous society the inter-ethnic discrimination cannot be ruled out.

It is time to realise that our institutions do not just have issues of women harassment and discrimination against gender, as there are several other types of discriminations as well that are rampant. The absence of anti-discrimination policy in constitutions of various organisations is tantamount to letting it happen without recognising it. Other countries such as the United Kingdom has taken notice of this at the top level, and David Cameron recently pointed this out, specifically in education sector, in an article published in The Sunday Times. Although, in the UK the issue is about race and colour, in Pakistan the issue is about ethnicity.

Urbanisation has brought many fruits for us as a society; however, it has also mixed the men with rural upbringing with contemporary urban men. Assuming that while in position of power, people will not act as biasedly as a typical feudal lord is in itself an act of escape from reality. In the rest of the world, a country’s laws and regulations forbid various types of discriminations in employment and provide concrete policy in this regard. This policy complies with the civil rights act of those countries. Such a policy is intended to comply that no individual shall be discriminated against for his ethnicity, gender, age etc., and that he will not be excluded from participating in that organisation’s activities, nor he be deprived of privileges and benefits of that organisation. He will not be denied non-mandatory relaxation that is given to others.

Much like any other institution, universities in Pakistan also suffer from discriminatory acts of people towards their colleagues based on several factors. I have searched the Internet thoroughly but failed to find even one university that provides clear rules on anti-discrimination in employment in Pakistan, apart from gender discrimination. I wonder if universities in Pakistan assume that they are free from discrimination in all its forms.

Our universities should provide an atmosphere that accentuates the self-respect and value of each individual. Universities should ensure an environment that is free from discrimination based upon ethnicity, colour, race, religion, creed, gender, age, political beliefs, family status, disabilities, etc. Such an atmosphere is mandatory for a thriving and productive learning, working, and living environment. Discrimination demoralise the self-respect of individuals and undermines relations among the people. Acts of discrimination and retaliation to its reporting should be addressed with a policy in Pakistan. A policy on discrimination based on above-mentioned factors (except gender) is virtually nonexistent in Pakistan.

When formulating an anti-discrimination policy there is a need to recognise the possible retaliation against those individuals who use this policy. It should be the duty of universities to ensure that if any person believes that they have been discriminated against on any ground than they should feel free to report their apprehensions without fear of retaliation. Anyone who is the complainant should be handled most sympathetically and seriously, as it is very easy to ignore or discredit such claims quickly as a figment of someone’s imagination. Appropriate investigation and response to such acts are a necessary part of an anti-discrimination policy. Measures should also be taken to ensure that such a law is never twisted and misused. Otherwise, much like the Punjab Protection of Women Against Violence Act, this too will not be used when it should be.

Since there are no formally designated forums to raise issues about discrimination except for discrimination against gender, therefore, people keep suffering from such acts and do not get many opportunities to report them. Organisations such as the Federal Ombudsman do not particularly deal with such issues in which an implicit discrimination is underway; similarly, judicial courts also require hard, tangible evidence to prosecute the offender. Even in gender-based discrimination it is difficult to provide tangible evidence all the time; how could such evidence be available in those types of discriminations that offer only implicit indicators?

Men like women, children or elderly people face discrimination. Over the years, policies have been formulated on anti-harassment and anti-gender discrimination, improvement in child labour laws and improvement in conditions for elderly. Even the laws for labourers are improving. However, laws are not as protective against discrimination for common office going people irrespective of their gender. It is about time to make improvements in this direction as well.

The write is a teacher

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