Unveiling the Shadows & Breaking the Silence, from Streets to the Workplace - The Battle Against Harassment

Harassment, in any form, is a violation of human dignity and should not be tolerated - Ban Ki-moon

In recent years, the issue of harassment has gained significant attention globally, with Pakistan being no exception. Harassment, whether it occurs in the workplace, educational institutions, public spaces, or online platforms, can have detrimental effects on individuals and communities. Recognizing the gravity of the issue, Pakistan has taken steps to address harassment through legislative measures and the implementation of anti-harassment mechanisms. This article aims to shed light on the various types of harassment prevalent in Pakistan and the existing legal frameworks and mechanisms in place to combat it.

For everyone, it is important to understand simple definition of the term ‘Harassment, in Pakistan, “Protection Against Harassment of Women at the Workplace Act, 2010” defines harassment as:

Any unwelcome sexual advance, request for sexual favors, stalking or cyber stalking or other verbal, visual or written communication or physical conduct of a sexual nature or sexually demeaning attitudes, including any gestures or expression conveying derogatory connotation causing interference with work performance or creating an intimidating, hostile or offensive work environment, or the attempt to punish the complainant for refusal to comply to such a request or is made a condition for employment; or discrimination on basis of gender, which may or may not be sexual in nature, but which may embody a discriminatory and prejudicial mind-set or notion, resulting in discriminatory behavior on basis of gender against the complainant.”

Whereas, ‘Workplace’ defined as “The place of work or any place where services are rendered or performed by professionals, including educational institutions, gigs, concerts, studios, performance facilities and gymnasium, and shall include any building, factory, open area or a larger geographical area where the activities of the organization or of employer are carried out and includes any situation that is linked to work or activity outside the office

Here are some common types of harassment that individuals may encounter:

Sexual Harassment: This type of harassment involves unwelcome sexual advances, requests for sexual favors, or any other verbal or physical conduct of a sexual nature. It can occur in various settings, including workplaces, educational institutions, public spaces, and online platforms. It affects individuals of all genders, with women and marginalized communities often being the most vulnerable.

Bullying: Bullying refers to the repeated and deliberate use of aggressive behavior to intimidate, threaten, or harm others. It can take place in schools, workplaces, social circles, or online environments, and it often involves a power imbalance between the bully and the victim.

Workplace Harassment: Workplace harassment encompasses a range of behaviors, including discrimination, bullying, and verbal or physical abuse, that create a hostile or offensive work environment. It can be based on factors such as gender, race, religion, age, or disability.

Workplace harassment can affect both men and women in Pakistan, as it can happen anywhere in the world and affect their professional growth and well-being. It can take various forms, such as verbal, physical, or psychological harassment. However, it's important to note that harassment is a complex issue, and its prevalence and reporting can vary based on factors such as cultural norms, company policies, and individual experiences.

Cyber Harassment: With the rise of digital communication, cyber harassment has become increasingly prevalent. It involves using electronic devices and online platforms to intimidate, threaten, or humiliate others. Cyber harassment can take various forms, including cyberbullying, online stalking, and the dissemination of private or sensitive information without consent, leading to emotional distress and psychological harm.

Stalking: Stalking entails the persistent and unwanted pursuit or monitoring of an individual, often leading to fear, anxiety, and psychological distress. It can involve physical following, surveillance, unwanted communication, and other intrusive behaviors that intrude upon the victim's privacy and personal space.

Psychological Harassment: Psychological harassment involves a pattern of behavior that aims to undermine an individual's self-esteem, confidence, and mental well-being. It can include tactics such as constant criticism, manipulation, intimidation, and emotional abuse, leading to long-term psychological harm.

Street Harassment: Street harassment, including catcalling, unwanted attention, and verbal or physical advances, is a common issue faced by women and marginalized communities in public spaces across Pakistan. It often restricts individuals' freedom of movement and contributes to a culture of fear and insecurity.

In Pakistan, street harassment is a complex problem deeply rooted in societal norms, gender dynamics, and power structures. Women often face various forms of street harassment, including sexual comments, indecent gestures, and unwanted physical contact, which can lead to psychological trauma and a persistent fear of public spaces. Harassment in public transport, marketplaces, educational institutions, and recreational areas further intensifies the challenges faced by women in accessing essential services and opportunities.

Street harassment is a pervasive and major issue in Pakistan, irrespective of gender or age, as people faces various street harassments such as:

Catcalling, that involves making suggestive or lewd comments, whistling, or making unwanted remarks about a person's appearance, often with the intention of provoking a reaction or asserting dominance.

Individuals may experience harassment in the form of lewd or sexually explicit gestures, which can range from inappropriate hand signals to explicit body language, intended to intimidate or humiliate the victim.

Prolonged staring or ogling, especially in a suggestive or unwelcome manner, can make individuals feel uncomfortable, objectified, and unsafe in public spaces, leading to a sense of vulnerability and unease.

Unwanted following or persistent stalking by individuals in public spaces can cause significant distress and fear, as victims may feel threatened and unsafe, leading to restrictions in their movements and daily activities.

Instances of unwelcome physical contact, such as touching, groping, or brushing past inappropriately, constitute a serious form of street harassment, violating personal boundaries and causing emotional and physical harm to the victim.

Verbal abuse, including the use of derogatory language, insults, or threats, can create a hostile and aggressive atmosphere, leaving victims feeling demeaned, humiliated, and emotionally traumatized.

Public shaming involves making derogatory remarks or humiliating individuals in public spaces, often targeting their appearance, clothing, or behavior, with the intention of causing embarrassment and emotional distress.

Intimidation and threats may include aggressive behavior, menacing gestures, or verbal warnings, creating an atmosphere of fear and vulnerability for the victim, leading to a loss of confidence and a sense of powerlessness.

Besides street harassment, the Workplace Harassment in Pakistan can take various forms, creating a toxic work environment that affects the well-being and professional growth of employees. Workplace bullying entails the persistent use of aggressive behavior, verbal abuse, threats, or humiliation that undermines an individual's confidence and well-being. This can create a culture of fear and intimidation, often leading to emotional distress and a decline in productivity.

Discriminatory practices based on factors such as gender, ethnicity, religion, or disability can lead to unequal treatment and opportunities within the workplace. Discrimination can manifest in various forms, including unequal pay, denial of promotion, or exclusion from professional development opportunities.

Also, retaliation occurs when an employee faces adverse consequences, such as demotion, termination, or isolation, as a result of reporting harassment or discrimination. This form of harassment discourages individuals from speaking up about workplace issues and perpetuates a culture of fear and silence.

Employees may face the Mobbing, which refers to the collective harassment of an individual by a group of colleagues or superiors, often leading to isolation, ostracism, boys talk and the deliberate undermining of the victim's professional reputation and credibility.

However, the prevalence of workplace harassment in Pakistan poses significant challenges, including the erosion of employee morale, reduced productivity, and the perpetuation of a toxic work culture. Victims of harassment often suffer in silence, fearing repercussions or social stigma, which hinders their ability to seek support and redressal. Furthermore, the lack of awareness and stringent enforcement of anti-harassment policies exacerbates the issue, perpetuating a cycle of impunity for perpetrators and a sense of powerlessness for victims.

Despite the prevalence of street harassment, initiatives and advocacy efforts have been undertaken to address the issue and create safer public environments. Some organizations in Pakistan have launched campaigns and awareness programs to educate the public about the detrimental effects of street harassment and the importance of fostering respectful and inclusive communities. These initiatives aim to challenge societal norms that perpetuate harassment and promote a culture of accountability and gender equality.

Furthermore, the enforcement of existing legal frameworks, such as the Pakistan Penal Code and the Protection Against Harassment of Women at the Workplace Act, 2010, is essential in combating street harassment. It is crucial to ensure that law enforcement agencies take complaints seriously and implement effective measures to prevent and respond to incidents of street harassment.

In addition to legislative measures, community-based interventions, including the establishment of safe public spaces, the promotion of gender-sensitive urban planning, and the inclusion of women in decision-making processes, are necessary to create an environment where individuals can navigate public spaces without fear of harassment or violence.

In response to the growing concern over harassment, Government of Pakistan has implemented several laws and mechanisms to safeguard the rights and well-being of its citizens.

Protection Against Harassment of Women at the Workplace Act, 2010: This landmark legislation aims to provide a safe working environment for women by prohibiting all forms of harassment. It requires all organizations to establish an Internal Complaints Committee (ICC) to address harassment complaints effectively.

Prevention of Electronic Crimes Act, 2016: This act addresses various cybercrimes, including cyber harassment, cyberstalking, and online bullying. It outlines specific penalties for individuals found guilty of engaging in such activities.

Pakistan Penal Code: Sections 354, 354A, 354B, and 509 of the Pakistan Penal Code also address different forms of harassment, including sexual harassment and stalking, with stringent penalties for the offenders.

National Commission on the Status of Women (NCSW): The NCSW has been actively involved in advocating for women's rights and promoting measures to address gender-based harassment and discrimination.

Federal Ombudsman Secretariat for Protection Against Harassment (FOSPAH): It is an autonomous quasi-judicial statutory body working under the ambit of Act No-IV of 2010: for the protection against harassment at the workplace. Recently, the Government of Pakistan through The Enforcement of Women's Property Rights Act, 2020 has also given the authority of deciding the cases related to inheritance of women to FOSPAH.

FOSPAH is committed to create a safe working environment that is free from harassment, abuse, intimidation and discrimination, allowing workers the right to work with dignity and encourage higher productivity by providing a comfortable workplace environment.

The core objective of FOSPAH is to redress grievances pertaining to harassment at workplace and women’s property rights promptly and give instant relief to the aggrieved persons, it is our firm belief that awareness is the key to reduce and discourage harassment and deprivation of women’s property rights.

FEDERAL OMBUDSMAN SECRETARIAT
FOR PROTECTION AGAINST HARASSMENT AT WORKPLACE (FOSPAH)
Main Secretariat:
First Floor, LG&RD Complex, Behind SBP, Opposite ILO,
Sector: G-5/2, Islamabad, Pakistan
Helpline: 03444 367 367 Fax: +92 51 9262945
Email: info@fospah.gov.pk
Twitter: @fospah
Facebook: @fospah
Instagram: @fospah
Youtube: @fospah
https://www.fospah.gov.pk/
ombudsperson@fospah.gov.pk

The punishments under anti-harassment laws in Pakistan vary depending on the severity of the offense and the specific provisions outlined in the relevant legislation. While some laws specifically address harassment in the workplace, others focus on harassment in various contexts, including cybercrime and general public spaces.

Under Protection Against Harassment of Women at the Workplace Act, 2010: The Act stipulates that if an employer or employee is found guilty of harassment, they may face disciplinary action, which can include warnings, fines, demotion, or termination of employment. In severe cases, the guilty party may also face imprisonment for up to three years or a fine of up to one million rupees.

A) Minor Penalties

Censure

Withholding for a specific period, promotion or increment

Stoppage for a specific period

Recovery of the compensation payable to the complainant from pay or any other source of the accused.

B) Major Penalties

Reduction to lower post or time-scale or to a lower stage in a time-scale.

Compulsory retirement

Removal from service

Dismissal from service and

Fine

Under Pakistan Penal Code (PPC): Sections 354, 354A, 509 and 510 of the PPC address various forms of harassment, including sexual harassment, stalking, and the use of criminal force to outrage modesty. The penalties for these offenses can range from imprisonment for up to three years, along with a fine, to more severe punishments, depending on the nature and severity of the crime.

Section 354-A. Assault or use of criminal force to woman and stripping her of her clothes:

Whoever assaults or uses criminal force to any woman and strips her of her clothes and in that condition, exposes her to the public view, shall be punished with death or with imprisonment for life, and shall also be liable to fine.

Section 509. Insulting modesty or causing sexual harassment:

If a person insults the modesty of any woman, utter any word, makes any sound or gesture, or exhibits any object in any public place, markets, public transport, street or park, private gathering or home, he is liable to be punished with imprisonment for three years or with fine or with both under Section 509 of the Pakistan Penal Code, 1860.

Section 510. Misconduct in public by a drunken person:

Whoever, in a, state of intoxication, appears in any public place, or in any place which it is a trespass in him to enter, and there conducts himself in such a manner as to cause annoyance to any person be punished with simple imprisonment for a term which may extend to twenty-four hours, or with fine which may extend to ten rupees, or with both.

Section 496C. Punishment for false accusation of fornication:

Whoever brings or levels or gives evidence of false charge of fornication against any person, shall be punished with imprisonment for a term which may extend to five years and shall also be liable to fine not exceeding ten thousand rupees.

Section 294. Obscene acts and songs:

Whoever, to the annoyance of others, --

(a) does any obscene act in any public place, or

(b) sings, recites or utters any obscene songs, ballad or words, in or near any public place,

shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.

Under Prevention of Electronic Crimes Act, 2016: This Act addresses cybercrimes, including cyber harassment and cyberstalking. Offenders found guilty under this Act may face imprisonment for up to two years or a fine of up to five million rupees, or both, depending on the severity of the offense.

If a person takes a photograph or make a video of any female and display or distribute it without her consent in a manner that harms a female is liable to be punished with imprisonment for a term which may extend to three years or with fine which may extend to one million rupees or with both under section 24 of the Prevention of Electronic Crimes Act, 2016.

It is essential to note that the actual penalties imposed may vary based on the specific circumstances of each case and the discretion of the judiciary. Furthermore, the enforcement of these laws requires a robust legal system, as well as the effective implementation of mechanisms to ensure the protection of victims and the fair and timely resolution of cases. Creating awareness about these laws, promoting a culture of accountability, and encouraging the reporting of harassment incidents are crucial steps in upholding the rule of law and protecting the rights and dignity of individuals in Pakistan.

Implementing anti-harassment laws in Pakistan presents several challenges, stemming from various social, cultural, and institutional factors. These challenges can hinder the effective enforcement of these laws and impede progress in creating safe and equitable environments for individuals.

Many individuals, especially in rural areas, may not be fully aware of their rights under anti-harassment laws. Limited awareness and understanding of the legal provisions can deter individuals from reporting incidents of harassment, leading to underreporting and a lack of accountability for perpetrators.

Victims often fear social stigma, discrimination, and retaliation if they report incidents of harassment. This fear may prevent individuals from seeking redressal, thereby perpetuating a culture of silence and impunity for offenders.

Limited institutional capacity and resources, including the absence of dedicated support systems and trained personnel, can hinder the effective implementation of anti-harassment laws. This can lead to delayed or inadequate responses to reported cases, undermining the trust and confidence of the public in the legal system.

Deep-seated cultural norms and gender-based power structures may influence the perception of harassment and the treatment of victims within communities and institutions. Patriarchal attitudes and societal biases can contribute to victim blaming and the trivialization of harassment, further complicating the process of seeking justice and redressal.

The underreporting of harassment incidents, coupled with challenges in documenting and gathering evidence, can pose significant obstacles to the effective prosecution of offenders. The lack of comprehensive data on harassment cases may also hinder the formulation of targeted policies and interventions to address the issue effectively.

Inconsistent application of anti-harassment laws and loopholes in the legal framework can undermine the efficacy of the legislative measures. Inadequate enforcement of penalties and the absence of a stringent monitoring mechanism can lead to a lack of accountability and the perpetuation of a culture of impunity for perpetrators.

Overcoming these challenges requires concerted efforts from the government, civil society, and the public to address the root causes of harassment, raise awareness about legal protections, and establish robust mechanisms for reporting, investigation, and redressal. It is imperative to foster a culture of accountability, sensitivity, and inclusivity to create a safe and supportive environment for all individuals in Pakistan.

"Whenever people are harassed because of their race, gender, or appearance, it is an assault on their very humanity. It limits their capacity to be who they are and to be the best they can be."

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