Government has opposed the amendment in the anti-harassment laws, as proposed by Pakistan Peoples Party’s Senator Farhatullah Babar through a private member bill — Protection Against Harassment of Women at the Workplace (Amendment) Bill 2014 — in the upper house of parliament.
The bill had proposed a fresh amendment to the Anti-Harassment at Workplace Law which made it applicable on educational institutions as well. However, a secretary in the law ministry, Raza Aslam, conveyed this to the Senate committee on law and justice that such amendment would disturb overall scheme of the existing laws.
“Instead of patching up in the existing laws, a fresh legislation should be carried out to achieve the desired purpose,” the secretary said.
Senator Babar suggested that law should not be confined only to workplaces, citing the example of Quaid-e-Azam University, where a teacher sexually harassed a female student and later he got away with it because of the legislative lacuna — as the Anti-Harassment at Workplace Law is not applicable on educational institutions.
The committee chairman Senator Kazim Khan noted that the law currently lacks the definition of ‘harassment’. “There is a need to expand the law’s ambit in order to protect women across society,” he said.
Kazim asked the law ministry to conduct further deliberation over the amendment bill and discuss all kinds of harassment, including harassment of students, women at workplace, at hospitals, during travelling and other places, during the next meeting.
Senator Baber told the committee that the definition of harassment and workplace does not cover matters pertaining to the studies of a student in an academic institution even though the act itself is applicable to educational institutes.
The act relates only to employment in an academic institution and not matter relating to pursuit of studies, he said, adding that “The law and justice division did not hold any consultation regarding the amendment bill despite directives of the committee.”
The committee urged the law ministry to have further consultation over the proposed amendment with all the stakeholders on November 14. “In case of failure, the parliamentary committee will pass its judgment in the form of recommendations,” Senator Kazim said.
Samina Amin Qadri, Vice Chancellor of Fatima Jinnah Women University Rawalpindi and Chairperson of NCSW, a representative of human rights bodies including HRCP and bar councils’ representatives, also attended the meeting.
A law ministry’s official told the committee that the ministry had reviewed the amendment proposed by Senator Baber in detail during a meeting held on October 20. It is unanimously decided that NCSW would constitute a committee, also having representation from NGOs and universities, to thoroughly examine the act in light of proposed amendments and the discussion held among participants.
The official said that after detailed consultation during the upcoming meeting either the proposed amendment would be included in the bill or a separate law would be framed.
Senator Mian Raza Rabbani said that the bill should not be amended as it was framed after huge deliberation and hard work. “If the bill is amended at this stage it would create problems,” he said. Senator Jaffar Iqbal said that there is a dire need to enact a law that covers all aspects of harassment. “Eunuchs should also be listed in some category as they are also human,” he said.
Published in The Express Tribune, November 13th, 2014.
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