Sexual Harassment and Laws

Author: Muneezay Moeen

Unfortunately, the tentacles of sexual harassment have spread to every nook of the country. Whether you turn on the television or turn over a newspaper, it is always there. This term was first coined to describe unwanted, hostile harassing behaviour based on an individual’s sex. This composition has not only focused on professional settings, which have gained most of the media and public attention but also analysed data across the other sectors. It is evident that harassment remains a severe, pervasive, and unresolved problem. In this globalised world where women comprise nearly half of the workforce, harassment persists in virtually every sector of the economy, from male-dominated to female-dominated industries and workplaces.

It cannot be related to circumstances or desires. Rather, such sad realities set in due to power equations. In our society, men hold far more powerful positions in all sectors of the economy. Even in female-dominated fields, they are more likely to be supervisors, principals, or managers. Ergo, the systematic layer upon layer of authority and an imbalanced chain. Several cases have been reported, which illustrate that no sector remains untouched by this vice. It damages the lives, health, financial independence, and opportunities of its victims and costs businesses not only legal fees but lost productivity, morale, effectiveness, and talent. Tolerating or failing to adequately respond to the attempt can hamper the individual’s economic security and access to opportunity.

Looking back, we might remember a Pakistani stage and film actress, who moved to her hometown in Bangladesh in the late 1990s after going through a traumatising ordeal On May 13, 1978, five armed men entered her house in Gulberg and committed robbery. After forcibly taking away one lakh cash, jewellery, and other household articles, the accused also gang-raped Shabnam, in front of her husband and their only son, Ronnie Ghosh.

Harassment is a violation of an individual’s fundamental ”right to dignity” as preserved in the Constitution of Pakistan.

The murder of Pakistan’s first social media star Qandeel Baloch prompted instant soul-searching in the country and made headlines around the world. The roots of this tragedy can also be traced to the judgemental scorn of her lifestyle in Pakistan.

The brutal murder of Noor Muqaddam in the heart of Islamabad involved families from the privileged elite of Pakistani society also sparking public outrage. Her ordeal grabbed media’s attention and dominated headlines for over months as the twenty-seven-year-old daughter of former Pakistani diplomat Shaukat Muqaddam was murdered and beheaded in a posh neighborhood of Islamabad in July. There are so many more sobtales to share but the crux remains the same: those able to snatch the less powerful manage to do so anywhere and everywhere.

It is not just the bosses and coworkers who are harassing females around. There could be a worker in a public place, who feels it is okay to grab your shirt. For nurses, doctors, and healthcare workers, the culprit could even be their patients. It is also true for highly paid lawyers who might suffer harassment at the hands of opposing counsel, clients, or even judges.

According to a survey, we are ranked 67th out of 133 countries in the Safety Index and 153rd out of 156 countries according to the World Economic Forum’s 2020 Global Gender Index. These figures are of great concern. The Constitution of Pakistan protects the fundamental rights of women.

Ranking among the lowest on the gender equality index, Pakistani women have to face grave challenges like harassment, catcalling, and stalking whenever they step out of their house as well. The statistics claim that 99 per cent of women in Pakistan have faced some form of harassment at least once in their lifetime. However, if you travel by public transport, it may be your daily plight.

It’s appreciable that the human rights ministry is working with the relevant stakeholders to amend the law. The amendments, which have been approved by the Senate human rights committee, include expanding the definitions of “workplace” and “employee,” to bring into its ambit unconventional and informal workplaces, as well as gender-based discrimination that has so far remained outside its purview. Similarly, the legal definition of “employee” has also been expanded to cover sportswomen, freelancers, students, artists, and home-based and domestic workers. The proposed changes also recommend harsher penalties for employers in the form of increased fines, suspension, or dismissal from service in the case of a government employee and revoking of professional licenses. These amendments notwithstanding, it remains to be seen how the PTI-led government, under whose tenure misogynistic attitudes have grown more pronounced, ensures the implementation of an improved anti-harassment law. Hopefully, it will demonstrate its commitment to a safer working environment for women.

There are harassment laws that every Pakistani woman must be aware of and these laws empower women against every minor and major offense related to harassment. Harassment is a violation of an individual’s fundamental ”right to dignity” as preserved in the Constitution of Pakistan. We need to acknowledge that women have a legal position under Pakistani law. Being unaware can be of irreparable loss.

There is a need to classify women’s fundamental rights, such as autonomy, representation, and independence, and to bring about fundamental reforms in the system to remove barriers to women’s access to justice. now is the for a collective effort and a workable national action plan. Yet there are organizations for women who are working, raising their voices, and working for them, but mature, intelligent, and well-educated men should also come forward now. Only then, the gender whose existence gives color to the universe can spread its colours with joy and love and let our society be a reflection of a true civilisation.

The writer is Chairperson (Global Women Media) and a journalist.

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