Zia ur Rehman Tajik Advocate
Harassment is abusing, insulting or otherwise harming someone regularly which makes that person scared and threatened. Harassment also includes anti-social behaviour, abusive text messages, unwanted phone calls , unwanted gifts and visits.
Anyone can be made the victim of harassment. It affects mental health and leads to depression and anxiety. In harassment, the harasser abuses his position of power believing that the system around him will protect him from any adverse consequences. The misuse of power, holding key positions, age, seniority, gender inequality, power imbalance and money are root causes of harassment.
Harassment is unwanted, and unwelcomed, and causes annoyance and substantial emotional distress without a legitimate purpose. Harassment is a significant legal issue and is violative of male or female rights to work and encourages both men and women to raise their voices against every harassment.
Article 23(1) of the Universal Declaration of Human Rights also protects everyone from harassment in the workplace which reads as follow (Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and protection against unemployment). Harassment can be stopped by confronting the harasser that his comments, conduct, activities and actions are not welcome and must be reported to the concerned authorities.
Harassment is committed by an employer, employee, agent, supervisor, teacher, trainer or any other person who has authority and influence over another in a workplace. Reaction to harassment is different and depends upon the boldness, mental capacity and awareness about the rights of the harassed. Some people look the harasser in the eyes and denounce their behaviour with a strong clear voice and some people stop the harasser by the use of force. Low-ranking, subordinates and oppressed employees in an organization and workplace are more likely to become victims of harassment.
Under section 509 of the Pakistan penal code insulting the modesty of women or sexually harassing them is a crime and is punished with 3 years imprisonment and a 5 lacs fine. Harassment is of different kinds, some of its kinds are as under.
Racial harrasment: In it, a person is victimized based on his skin, color, race and country of origin. Sexual harrasment. unwelcome sexual advance, request for sexual favour and other physical conduct of a sexual nature. It violates a person’s dignity, and privacy and creates degrading, humiliating and offensive behaviour.
Power harrasment: In such kind of harassment, there is a power imbalance between the harasser and harasse and the harasser is higher in power and position in the office or department in the hierarchy. Quid PRO quo harrasment. It is a type of exchange-based sexual harassment. Quid pro quo is a Latin term which means something for something or this for that. When an employee is asked directly or indirectly to submit to a sexual advance in exchange for some benefit at work.
Physical harrasment: It is a form of workplace violence and in it, a person is abused physically by being pushed, slapped or punched by other employees. Criminal harrasment. In it, the harasser’s history of crime is taken into consideration.
Harassment is also violative of articles 3 and 14 of the constitution. Article 3 also casts an obligation on the state to ensure the elimination of all kinds of exploitation. Exploitation in all its form is a sin and condemnable , and is forbidden also in Islam, and the principle, from each according to his ability, “to each according to his work ” is not Marxism specific, it is a principle of universal application and is applicable even in capitalism.
The dignity of man is inviolable under Article 14 of the Constitution and the said article protect dignity of everyone. The Govt of Pakistan legislated the Harassment of Women at Workplace Act 2010 with the object of providing equal opportunity of work to men and women to earn their livelihoods and contribute towards the economy of the country without any fear of harassment, abuse and discrimination. The said Act also provided speedy and inexpensive justice to the victims and the decision of the ombudsperson also has been immune from the interference of ordinary courts.
The Govt of Khyber Pakhtunkhwa also for protecting the inviolability of the dignity of man and elimination of exploitation promulgated Harrasement of Women at Workplace Act 2020 and under section 2(e) of said Act complaint of harrasemt can be filed both by man and women to the ombudsperson or inquiry committee. The inquiry committee is constituted under section 3(1) of the Act and consists of 3 members. Under section 4 of the said Act, the inquiry committee inquires into the complaint within 3 days of the receipt of the written complaint and serves on the accused the charge sheet and statement of allegation which are replied to by the accused within 7 days.
The committee thereafter thoroughly examined the oral and documentary evidence and defence plea of the accused and then submitted its recommendation to the competent authority and the competent authority in light of the recommendation of the inquiry committee imposed a major or minor penalty. Appeal against the said decision lies before the ombudsperson within 30 days under section 6 of the Act.
Under section 8 of the said Act direct complaint can also be filed to the ombudsperson who after fulfilling all codel formalities of the Harassment Act decides the case within 30 days and announces the judgement. An appeal from his judgement lies before the Governor under section 9 of the said Act.
Any harassment be it based on gender, age or sexual orientation must be handled carefully by the management with strict action against the responsible. Every complaint should be taken seriously and should be investigated with a zero-tolerance policy.
The workplace should be declared no place for harassment of any kind. Measures should be taken to prevent all kinds of harassment. The employers must inform employees that harassment is prohibited and punishable in the organization and institution etc and the employee or head of the department should be declared liable for harassment of his employee, manager, customer and suppliers.
The writer Advocate Supreme Court of Pakistan based at Peshawar and can be reached as: Ziaurrahmantajik123@gmail.com
