Sindh govt’s proposed anti-harassment law to also protect transgender community
Bill includes protections for men and transgender individuals
KARACHI:
The Sindh government has drafted a bill to criminalise workplace harassment after complaints from women have shown federal laws are not being implemented.
This bill goes beyond the language of the federal government's 2010 legislation by using more inclusive language around gender - the bill protects the rights of all genders including transgender individuals.
Sexual harassment laws in Pakistan
“It is not merely for women’s rights. All employees irrespective of his/her gender facing harassment at the workplace can lodge a complaint. For the first time in Pakistan’s history, we have given equal rights to transgender people,” Minister for Women Development, Shehla Raza told The Express Tribune.
Raza says the 2010 Protection Against Harassment of Women at the Workplace Act has failed to meet the needs of women.
“Widespread complaints from working women about harassment are pouring in. After the 18th Amendment, federal laws are ineffective, hence we are going to make our own law to create a safe environment for all genders.” She added, "We will take equal action if a woman harasses a man".
According to the Sindh Harassment and Workplace Bill 2018, those found guilty will face charges including removal or dismissal from service.
However, a copy of the bill available with The Express Tribune shows it uses much of the same language as the 2010 Protection against Harassment of Women at Workplace Act, adding provisions that it applies to men and transgender individuals.
The law defines harassment as a “request for sexual favour, sexually demeaning attitude, creating an offensive environment, offering job, promotion, wage increase, training opportunity and transfer from one location to other etc.”
Workplace harassment: Creating awareness need of the hour
A senior official in the Sindh government said the bill was presented in the last cabinet meeting and its formalisation was deferred to the provincial women development cell.
“We have almost finalised the rules too. The people who gaze at their co-workers with staring eyes will also be punished,” the Secretary for Women Development Baqaullah Unar said.
According to Unar, the bill will soon be sent to the law department for vetting and will then presented in the provincial assembly. After the bill is passed, governmental and non-governmental organizations will have to constitute inquiry committees to look into complaints. Once an inquiry is begun, it will be finalised within thirty days and sent to the competent authorities to take action.
“The competent authority can give minor or major punishment including stoppage of promotion, increment, time-scale, reduction to a lower post, compulsory retirement, removal from service and dismissal from service,” reads the bill.
The bill also includes a provision for the appointment of an ombudsperson, who may be a retired high court judge, and can recruit staff across the province to implement the law. In addition to complaints being lodged with an individual’s organisation's committee, they can be lodged with the ombudsman.
Workplace harassment: IIUI dept head removed
The efforts of women activists who have lobbied for effective legislation on the issue proved fruitful.
Women's rights activist Raheema Panhwar said the federal law "has been ineffective as hardly any organisation has followed it or made a committee to probe into any such thing”.
Panhwar also referred to infamous harassment cases in Sindh University Jamshoro and Benazirabad and claimed the “government claims that 300 committees have been formed in public and private organisations, but these are all white lies”.
She added women will breathe a sigh of relief with the implementation of this new law.
The Sindh government has drafted a bill to criminalise workplace harassment after complaints from women have shown federal laws are not being implemented.
This bill goes beyond the language of the federal government's 2010 legislation by using more inclusive language around gender - the bill protects the rights of all genders including transgender individuals.
Sexual harassment laws in Pakistan
“It is not merely for women’s rights. All employees irrespective of his/her gender facing harassment at the workplace can lodge a complaint. For the first time in Pakistan’s history, we have given equal rights to transgender people,” Minister for Women Development, Shehla Raza told The Express Tribune.
Raza says the 2010 Protection Against Harassment of Women at the Workplace Act has failed to meet the needs of women.
“Widespread complaints from working women about harassment are pouring in. After the 18th Amendment, federal laws are ineffective, hence we are going to make our own law to create a safe environment for all genders.” She added, "We will take equal action if a woman harasses a man".
According to the Sindh Harassment and Workplace Bill 2018, those found guilty will face charges including removal or dismissal from service.
However, a copy of the bill available with The Express Tribune shows it uses much of the same language as the 2010 Protection against Harassment of Women at Workplace Act, adding provisions that it applies to men and transgender individuals.
The law defines harassment as a “request for sexual favour, sexually demeaning attitude, creating an offensive environment, offering job, promotion, wage increase, training opportunity and transfer from one location to other etc.”
Workplace harassment: Creating awareness need of the hour
A senior official in the Sindh government said the bill was presented in the last cabinet meeting and its formalisation was deferred to the provincial women development cell.
“We have almost finalised the rules too. The people who gaze at their co-workers with staring eyes will also be punished,” the Secretary for Women Development Baqaullah Unar said.
According to Unar, the bill will soon be sent to the law department for vetting and will then presented in the provincial assembly. After the bill is passed, governmental and non-governmental organizations will have to constitute inquiry committees to look into complaints. Once an inquiry is begun, it will be finalised within thirty days and sent to the competent authorities to take action.
“The competent authority can give minor or major punishment including stoppage of promotion, increment, time-scale, reduction to a lower post, compulsory retirement, removal from service and dismissal from service,” reads the bill.
The bill also includes a provision for the appointment of an ombudsperson, who may be a retired high court judge, and can recruit staff across the province to implement the law. In addition to complaints being lodged with an individual’s organisation's committee, they can be lodged with the ombudsman.
Workplace harassment: IIUI dept head removed
The efforts of women activists who have lobbied for effective legislation on the issue proved fruitful.
Women's rights activist Raheema Panhwar said the federal law "has been ineffective as hardly any organisation has followed it or made a committee to probe into any such thing”.
Panhwar also referred to infamous harassment cases in Sindh University Jamshoro and Benazirabad and claimed the “government claims that 300 committees have been formed in public and private organisations, but these are all white lies”.
She added women will breathe a sigh of relief with the implementation of this new law.