In Pakistan, the journey of a working woman is fraught with challenges that extend beyond the demands of her job. It is a landscape where gender roles and societal expectations often clash with aspirations for career growth and professional fulfillment, leading to experiences of inhumane treatment that remain distressingly common.
For many women, the ordeal begins with the simple act of stepping into the workplace. From the moment they arrive, they may encounter subtle but pervasive forms of discrimination. Comments about their appearance or marital status can undermine their credibility and worth, overshadowing their professional achievements. Such remarks, though seemingly benign, contribute to a culture where women are judged not by their abilities but by societal norms of femininity and propriety.
Protection against Harassment of Women in Workplace ACT 2010 (PAHWWA) was a great initiative by the state until its limitations began to uncover gradually. A case was registered by Nadia Naz, an employee at PTV who revealed being repeatedly insulted by fellow workers.However, Justice Mushir Alam dismissed the case while commenting that PAHWWA has a limitative scope as it only mentions harassment of sexual nature and intention. It was a blow that resonated beyond Nadia’s experience, highlighting a systemic flaw that countless women had silently endured for years.
Nadia’s case was not an anomaly. Since the enactment of PAHWWA in 2010, similar stories had surfaced sporadically, each revealing the act’s limitations in addressing the spectrum of harassment faced by women in diverse workplace environments.
For example, in 2013, a case was inquired by a federal ombudsperson where the lady was repeatedly referred to as‘’Badtameez’’ and ‘’Jahil Aurat’’ by fellow employees. However, it was declared that, this also doesn’t fall under the scope of harassment under PAHWWA 2010.
However, an amendment to this act was enacted in 2022, which was a remarkable step towards the realization of a safer workplace environment for women. It broadened the scope of the said act. The Act defines harassment under Section 2(h) as“any unwelcome sexual advance, request for sexual favors or other verbal or written communication or physical conduct of a sexual nature or sexually demeaning attitudes, causing interference with work performance or creating an intimidating, hostile or offensive work environment, or the attempt to punish the complainant for refusal to comply to such a request or
is made a condition for employment”. The word man or woman was replaced with any person in order to bring transgender people under the ambit of this act.
The act also defined the workplace to include all sorts of formal, informal or contractual employment. The amendment says in 2(h):‘’ Workplace means the place of work or any place where services are rendered or performed by professionals, including educational institutions, gigs, concerts, studios, performance facilities, courts, highways, sporting facilities, and gymnasiums and shall include any building factory, open or larger geographical area where activities are carried out and include any situation that is linked to work and actively outside the office’’. The question that arises is whether widening the scope of the legislation is the solution to the impediments faced by thousands of working women out there. However, as we all know, the issue still prevails despite the legislative action.
Beyond legislative changes, the real test lies in implementation. The first ombudsperson for Punjab was not appointed well until 2019, which is around 9 years after the enactment of the legislation. This depicts the state’s attitude towards the subject. The state hasn’t prioritized the situation up until yet.
According to Dawn’s survey, 46.1 percent of working women were not aware that sexual harassment is a punishable offence and around 61 percent claimed that they have been advised by their workplace management to not report their harassment case. Cultural and socioeconomic norms also play a crucial role in the flawed implementation of these reforms as harassment reports and cases are looked down upon, primarily looking at the societal implications for the petitioner. The taboo affixed to reporting harassment cases is one of the things that the state has to combat in order to execute its objectives. Victim blaming is also deeply rooted in our society which dissuades a lot of women from reporting the cases to avoid disgusting interrogation regarding their character and credibility. Significant challenges prevail in the informal economy where employees are hired without any formal contracts, thus they do not fall under the ambit of this law and are a victim of harassment at the hands of the employer or fellow employees significantly more.
The spotlight needs to be shifted towards strengthening and planning strong execution methodologies but nothing can be done until the state prioritizes this issue. Training programs can be set up for employers as well as employees. Employers will only be able to eliminate harassment from the workplace unless they are trained and have adequate knowledge pertaining to this matter. These should include information on recognizing harassment, understanding legal obligations, and how to report and address complaints. Awareness campaigns are highly crucial so that employees are fully recognizant of their rights and responsibilities when it comes to making workplaces safer for all. Regular monitoring and evaluation assessments must be carried out by the state to gauge the effectiveness of the law and identify areas for improvement. Efforts must be made to include employees of the informal economy under the scope of this act as well so that women from poor socioeconomic backgrounds also benefit from it regardless of
employment status.
PAHWWA represents a crucial step toward a more gender-inclusive workforce in Pakistan, aligning with Quaid e Azam’s vision that “no nation can rise to the height of glory unless your women are side by side with you.” However, its full potential can only be realized through rigorous implementation, robust awareness initiatives, and a steadfast commitment to upholding the rights and dignity of every working woman in the country.
How to lodge a complaint?
Firstly, you must file a complaint to the inquiry committee of your organization, and they will
take the relevant action.
In case that the organization is not taking sufficient action, the complainant can lodge a complaint to the relevant ombudsperson of their province who will issue a show cause notice to the accused within three days. The portals you can use to lodge a complaint are these: Pakistan Citizens’ Portal App, Ministry of Human Rights’ Helpline, Zainab Alert App, or National Commision on the Status of Women(NCSW).
If you are not satisfied by the final decision of the ombudsperson, you can appeal to it within thirty days of the decision.
Finally, if the complainant still feels like the decision was unjust, they can again appeal to the
governor of their province within thirty days.
You can also file a complaint at the federal level on FOSPAH.
Furthermore, in case of any doubts, you can call FOSPAH’s Helpline to seek guidance regarding
the filing process. Helpline Number: 03444 367 367
Author Esha Raazia is a Law Student at NUST, Islamabad.
