KNOWING THE LAW
2018-05-06
The strength of the workplace law is that it has an inbuilt implementation system. It mandates all organisations to have inquiry committees to deal with complaints and provincial and a federal ombudsperson`s office that can either be approached directly by women, or be used to challenge decisions of the committees. The ombudsperson`s decision can be appealed before the governor, whose decision will be final. The courts are not involved. No material evidence is required to approach the ombudsperson and verbal testimonies are given weightage.
If organisations have not made standing inquiry committees, that complaint can be taken to the ombudsperson`s office too.
Women who are not employees but have been harassed in a work-related environment, for instance freelancers, can directly appeal to the ombudsperson`s office.
The other law is that which addresses sexual harassment in public places and covers all spaces outside the workplace, including private gatherings. This is the Criminal Procedure Code (CrPC) 509. In addition to physical sexual advances, it includes words, sounds, gestures and exhibiting of objects of sexual nature that women find offensive. It is punishable by three years in prison or fines or both. These cases, heard before first class magistrates, involve the courts, are bailable and require warrants for arrest.
All provinces are meant to have sexual harassment implementation watch committees. Though Balochistan and Khyber Pukhtunkhwa have not instituted these as yet, the ones in Sindh and Punjab are in place and have dealt with numerous cases al ready.
The committees comprise bureaucrats but also rights activists and civil society members.
While the appointment of Krishna Kumari as a senator was celebrated by many for the election of a Hindu Dalit from Tharparkar, many people may not know of her expertise on sexual harassment code compliance and that she ran Sindh`s provincial centre of Alliance Against Sexual Harassment (A ASH A) for years. Many other women politicians have also been active in anti-harassment efforts including Shahnaz Wazir Ali, Sherry Rehman, Shazia Marri and Attiya Inayatullah.
There are many organisations that assist women attempting to deal with sexual harassment. These include Mehrgarh, Interactive Resource Center (IRC), Women in Struggle for Empowerment (Wise), Tehrik-i-Niswan and Women`s Action Forum (WAF), among others. N.B.