Will amended anti-harassment law make workplace safer?

The new law aims to define the ‘grey area’, smooth out the maze of legal complications

ISLAMABAD:

In 2016, Tanzeela Mazhar finally found her voice and came out publicly to call out her harassers at the state-run broadcaster.

Her voice, long squelched along with bottled-up fear, soon captured news headlines and made reverberations in the parliament as well.

Tanzeela endured harassment long before the court of public opinion had shifted in favour of survivors of workplace sexual harassment and the anti-harassment law was enacted. She suffered an ordeal the language did not even recognise as a phenomenon.

“I had to go through the trauma in all those years. It was extremely stressful and the prime time of my career was wasted,” Mazhar told The Express Tribune while explaining her ordeal and how the predators usually build a public façade masking their murky affairs at workplaces.

She regretted that the long legal battle has only resulted in an inquiry report which lies pending before the ombudsman office for years. And to add insult to injury, she has been facing a defamation suit for a couple of years now.

Also read: Bill on protection of women against workplace harassment becomes law

Keeping in view this maze of infinite complications that survivors like Mazhar have to wade through to seek justice, President Arif Alvi recently notified the Protection against Harassment of Women at the Workplace (Amendment) Act, 2022.

The landmark amendment has been celebrated as a step towards strengthening and increasing the ambit of the law as countless survivors were denied relief under the previous one.

Defining the 'grey area'

Federal Minister for Human Rights Dr Shireen Mazari explained that the amendment in the 2010 Act has expanded the definitions of "complainant", “employee”, “employer”, “workplace” and even “harassment” under the Act, which means that now anyone regardless of gender can seek protection under it.

The federal minister said that it also means that harassment at the workplace is now not restricted to sexual harassment anymore but also covers other forms of harassment.

Mazari said that the law has also extended protection to people working in sectors that were previously not covered by the Act. Now, she said, students and people working in courts, media, and especially domestic workers - constituting a major portion of the informal economy -  can also bring claims of harassment against their employers to the federal ombudsman.

Also read: Medical student ends life over ‘harassment’

“With the previous law, the survivors had no knowledge of what constituted harassment,” Nighat Dad, a lawyer and a human rights activist, said.

Dad added that a narrow interpretation of the law was another hurdle for the survivors. She highlighted that the new definition states that sexual harassment of verbal and physical nature as well as gender discrimination; all these manifestations of harassment constitute harassment at the workplace.

Previously, she said, workplace only meant office but with the new changes, any work-related duties performed at any place will be considered a workplace.

Under the amended law, it’s important for ombudsperson and the committees to consider counterblast defamation suits as a form of retaliation because a lot of survivors face defamation suits when they file complaints and that have chilling effects on them and discourages them to follow up with their complaints further.

Dad emphasised that implementation of the law would make the difference and it was the duty of all the relevant stakeholders, employers and organizations to implement this law, provide gender-sensitization training, push the organizations to have a mechanism in place and equip the ombudsperson to swiftly deal with the complaints as the law makes it mandatory to conclude proceedings within 90 days.

Also read: Curious case of harassment

Also, Dad said, role of the judiciary is crucial especially if they interpret the law progressively and develop good jurisprudence as it would encourage women, men and transgender community to become a part of the work force without any fear. “Awareness is the key,” she emphasised.

Mazari maintained that employees cannot use the garb of terminating employees to protect themselves as the amendment allows former employees to file claims as well, adding that timelines have also been incorporated to expedite disposal of these complaints so as to ensure that quick judgements are delivered by the ombudsman.  

She incorporated that the ministry was making endeavours to raise as much awareness as possible and telling women of their rights is one way of solving the issue. “We at ministry hope that through effective implementation with the support of stakeholders and progressive interpretation by the ombudspersons and judiciary,” Mazari said, “we can move towards safer and more equitable workplaces in Pakistan.”

“However, true change will come if we can change the mindset of the people,” Mazari said, “the society needs to change as a whole to appreciate and support working women, only then will real change come.”