00:37
Unknown
PESHAWAR: Working women of Khyber Pakhtunkhwa are still deprived of their legal right to complain against sexual harassment two years after the law to prevent harassment of women at workplaces was passed.
It is astonishing that the provincial government has failed to appoint the provincial ombudsperson to take up and hear women’s complaints due to unknown reasons.Owing to non-availability of proper forums such as provincial ombudsperson and three-member inquiry committee within the departments or institutions, the working women often remain silent. They also lack knowledge on getting help when faced with such a situation within the department or office.
In December 2011, a case of sexual harassment had surfaced in the provincial government’s Probation and Reclamation Department, but due to non-availability of the ombudsman the women officers approached the Peshawar High Court to seek justice. The female probation officers of the department had accused the director of the department of sexual harassment.
Taking suo moto notice of the matter, PHC Chief Justice Dost Muhammad Khan directed the provincial government to replace the director. The government not only replaced the director, but also created new post of female deputy chief probation officer and all female probation officers were placed under her supervision.
In March 2010, the federal government passed two laws against sexual harassment in the workplace. The Criminal Law (Amendment) Act amended the Pakistan Penal Code and the Code of Criminal Procedure, making workplace harassment against women punishable with imprisonment of up to three years or fine of Rs500,000, or both.
The new law defines sexual harassment in a better way and provides for enhanced punishment under Section 509 of the PPC. The Sexual Harassment Law requires displaying the code of conduct in an organisation, forming a three-member inquiry committee and holding awareness seminar for its staff.
Though the Act makes it mandatory that “each organisation shall constitute an inquiry committee within 30 days of the enactment of this Act to enquire into complaints under this Act,” many organisations still do not have such a committee. According to the Act, the committee shall consist of three members, including at least one woman.
The law imposes penalties like withholding promotion or increment, stoppage at an efficiency bar in the time-scale, and recovery of the compensation payable to the complainant from pay or any other source of the accused. Major penalties include reduction to a lower post or time-scale, compulsory retirement, removal from service and fine. The law also says that a part of the fine can be used as compensation for the complainant.
Experts say that working women are facing many challenges in filing complaints in cases of sexual harassment. Shabina Ayaz of the Aurat Foundation told The News that the working women’s situation is difficult as many do not confide to their family members if they are faced with sexual harassment at workplace due to fear of dire consequences or aggravation of the matter.
Besides, she said inquiry committees do not exist in most of the departments, offices and institutions to take up the complaints. She said the provincial government has not yet appointed ombudsman to take up the complaints.
She said various NGOs under the banner of Provincial Commission on Status of Women have started awareness sessions for working women in the province about the law and conducted many sessions in various departments of the University of Peshawar after sexual harassment scandal was reported there.
“In a situation where inquiry committee at the department could come under influence, there is dire need of a provincial ombudsperson who could take notice of such complaints,” she stressed.
There is need for publicising the law and making the women aware of its benefits. Most women and young girls who have to go to workplaces using public transport face such problems, but they do not have information where to file their complaints.
The provincial ministers and leadership of the Awami National Party have time and again promised the women at various functions that the government would soon appoint the ombudsperson, but to no avail. Recently, ANP provincial president Senator Afrasiab Khattak told a women’s gathering on International Women’s Day that the province would soon have its female ombudsperson to listen to their complaints.
There is a federal ombudsperson, Mussarat Hilali, who is looking into such complaints in the federal government departments. However, there is no such authority to take action on complaints at the provincial level though the Protection against Harassment of Women at Workplace Act 2010 says that respective “governments shall appoint an ombudsman at the federal and provincial levels.”
It is astonishing that the provincial government has failed to appoint the provincial ombudsperson to take up and hear women’s complaints due to unknown reasons.Owing to non-availability of proper forums such as provincial ombudsperson and three-member inquiry committee within the departments or institutions, the working women often remain silent. They also lack knowledge on getting help when faced with such a situation within the department or office.
In December 2011, a case of sexual harassment had surfaced in the provincial government’s Probation and Reclamation Department, but due to non-availability of the ombudsman the women officers approached the Peshawar High Court to seek justice. The female probation officers of the department had accused the director of the department of sexual harassment.
Taking suo moto notice of the matter, PHC Chief Justice Dost Muhammad Khan directed the provincial government to replace the director. The government not only replaced the director, but also created new post of female deputy chief probation officer and all female probation officers were placed under her supervision.
In March 2010, the federal government passed two laws against sexual harassment in the workplace. The Criminal Law (Amendment) Act amended the Pakistan Penal Code and the Code of Criminal Procedure, making workplace harassment against women punishable with imprisonment of up to three years or fine of Rs500,000, or both.
The new law defines sexual harassment in a better way and provides for enhanced punishment under Section 509 of the PPC. The Sexual Harassment Law requires displaying the code of conduct in an organisation, forming a three-member inquiry committee and holding awareness seminar for its staff.
Though the Act makes it mandatory that “each organisation shall constitute an inquiry committee within 30 days of the enactment of this Act to enquire into complaints under this Act,” many organisations still do not have such a committee. According to the Act, the committee shall consist of three members, including at least one woman.
The law imposes penalties like withholding promotion or increment, stoppage at an efficiency bar in the time-scale, and recovery of the compensation payable to the complainant from pay or any other source of the accused. Major penalties include reduction to a lower post or time-scale, compulsory retirement, removal from service and fine. The law also says that a part of the fine can be used as compensation for the complainant.
Experts say that working women are facing many challenges in filing complaints in cases of sexual harassment. Shabina Ayaz of the Aurat Foundation told The News that the working women’s situation is difficult as many do not confide to their family members if they are faced with sexual harassment at workplace due to fear of dire consequences or aggravation of the matter.
Besides, she said inquiry committees do not exist in most of the departments, offices and institutions to take up the complaints. She said the provincial government has not yet appointed ombudsman to take up the complaints.
She said various NGOs under the banner of Provincial Commission on Status of Women have started awareness sessions for working women in the province about the law and conducted many sessions in various departments of the University of Peshawar after sexual harassment scandal was reported there.
“In a situation where inquiry committee at the department could come under influence, there is dire need of a provincial ombudsperson who could take notice of such complaints,” she stressed.
There is need for publicising the law and making the women aware of its benefits. Most women and young girls who have to go to workplaces using public transport face such problems, but they do not have information where to file their complaints.
The provincial ministers and leadership of the Awami National Party have time and again promised the women at various functions that the government would soon appoint the ombudsperson, but to no avail. Recently, ANP provincial president Senator Afrasiab Khattak told a women’s gathering on International Women’s Day that the province would soon have its female ombudsperson to listen to their complaints.
There is a federal ombudsperson, Mussarat Hilali, who is looking into such complaints in the federal government departments. However, there is no such authority to take action on complaints at the provincial level though the Protection against Harassment of Women at Workplace Act 2010 says that respective “governments shall appoint an ombudsman at the federal and provincial levels.”
Posted in: Peshawar news
0 comments:
Post a Comment