Amendment to harassment act: Senate panel seeks law ministry’s input
Farhatullah Babar says present legislation does not protect students.
Farhatullah Babar says present legislation does not protect students. PHOTO: FILE.
ISLAMABAD:
A parliamentary panel has sought the law ministry’s input in amending the law related to harassment at workplaces.
The Senate Standing Committee on Law and Justice has discussed this issue at length this week. Senator Farhatullah Babar was the mover of the bill suggesting amendment in the Protection Against Harassment of Women at Workplace Act.
While giving the background of the bill, he cited an incident of sexual harassment at the Quaid-e-Azam University (QAU), where the examination and a professor of the university were restored because of legislative lacunae.
Senator Babar said the present legislation does not protect students at educational institutions. The university syndicate fired the examination controller and his appeal was later also turned down by the office of the ombudsman.
The employee of the university filed an appeal before the president of Pakistan who is also the chancellor of the university. The president sought the law ministry’s input on his appeal.
The law ministry’s reply suggested that students do not come under the purview of the harassment act and the university can penalise the employee under its disciplinary rules.
During the committee meeting, Additional Law Secretary Sardar Raza and Senior Adviser of the law ministry Hakim Khan said the overall scheme of the Harassment Act will be disturbed if the addition of educational institutions are made in the legislation, as suggested by Senator Babar.
“Through extensive and fresh legislation, this issue can be resolved,” the secretary added.
Senator Raza Rabbani of the Pakistan Peoples’ Party, one of the leading members of parliament on legislative issues, said this is a crucial issue and that a very negative message will be conveyed if this amendment in the act is rejected. It will be considered as if we are condoning such exploitation, he said.
Such cases are rampant in educational institutions, with some teachers giving sexual favours as pre-conditions for better grades. Senator Muzzafar Shah stressed, “This lacuna is to be filled up.”
Raja Zafarul Haq of the PML-N asked law ministry officials to prepare a draft for amendment in the act without disturbing its overall scheme.
PML-N Jaffar Iqbal, however, said that through such an amendment, there would be more problems in the co-education system and that half the educational institutions could be vacated after it is passed.
The Protection Against Harassment Of Women At The Workplace Act, 2010 was enacted to create a safe working environment for women which is free of harassment and enabling them to engage in work with dignity.
The statement of objections and justifications relating to the bill moved by Senator Babar stated that experience of the past three years has shown that the definitions of ‘harassment’ and ‘workplace’ do not cover matters pertaining to the studies of a student in an academic institution even though the act itself is applicable to educational institutions.
The act relates only to employment in an academic institution and not to matters relating to pursuit of studies.
Incidents have been brought forward where students and staff of an institution have been declared to be outside the purview of the act in matters relating to pursuit of studies and not strictly related to work or employment.
“The amendment is intended to remove the anomaly so as to make the act also applicable in educational institutions to matters relating to the pursuit of studies in addition to matter relating to work or employment,” says the draft amendment bill.
Published in The Express Tribune, February 16th, 2014.
A parliamentary panel has sought the law ministry’s input in amending the law related to harassment at workplaces.
The Senate Standing Committee on Law and Justice has discussed this issue at length this week. Senator Farhatullah Babar was the mover of the bill suggesting amendment in the Protection Against Harassment of Women at Workplace Act.
While giving the background of the bill, he cited an incident of sexual harassment at the Quaid-e-Azam University (QAU), where the examination and a professor of the university were restored because of legislative lacunae.
Senator Babar said the present legislation does not protect students at educational institutions. The university syndicate fired the examination controller and his appeal was later also turned down by the office of the ombudsman.
The employee of the university filed an appeal before the president of Pakistan who is also the chancellor of the university. The president sought the law ministry’s input on his appeal.
The law ministry’s reply suggested that students do not come under the purview of the harassment act and the university can penalise the employee under its disciplinary rules.
During the committee meeting, Additional Law Secretary Sardar Raza and Senior Adviser of the law ministry Hakim Khan said the overall scheme of the Harassment Act will be disturbed if the addition of educational institutions are made in the legislation, as suggested by Senator Babar.
“Through extensive and fresh legislation, this issue can be resolved,” the secretary added.
Senator Raza Rabbani of the Pakistan Peoples’ Party, one of the leading members of parliament on legislative issues, said this is a crucial issue and that a very negative message will be conveyed if this amendment in the act is rejected. It will be considered as if we are condoning such exploitation, he said.
Such cases are rampant in educational institutions, with some teachers giving sexual favours as pre-conditions for better grades. Senator Muzzafar Shah stressed, “This lacuna is to be filled up.”
Raja Zafarul Haq of the PML-N asked law ministry officials to prepare a draft for amendment in the act without disturbing its overall scheme.
PML-N Jaffar Iqbal, however, said that through such an amendment, there would be more problems in the co-education system and that half the educational institutions could be vacated after it is passed.
The Protection Against Harassment Of Women At The Workplace Act, 2010 was enacted to create a safe working environment for women which is free of harassment and enabling them to engage in work with dignity.
The statement of objections and justifications relating to the bill moved by Senator Babar stated that experience of the past three years has shown that the definitions of ‘harassment’ and ‘workplace’ do not cover matters pertaining to the studies of a student in an academic institution even though the act itself is applicable to educational institutions.
The act relates only to employment in an academic institution and not to matters relating to pursuit of studies.
Incidents have been brought forward where students and staff of an institution have been declared to be outside the purview of the act in matters relating to pursuit of studies and not strictly related to work or employment.
“The amendment is intended to remove the anomaly so as to make the act also applicable in educational institutions to matters relating to the pursuit of studies in addition to matter relating to work or employment,” says the draft amendment bill.
Published in The Express Tribune, February 16th, 2014.