“If a woman is wearing very few clothes, it will have an impact on the man unless they are robots.”
-Imran Khan, Former Prime Minister of Pakistan
This short article will provide an understanding to the general concept of harassment and as is embodied in the various prevailing laws in Pakistan and the remedies that are available to a victim for redressing the wrong(s). It focuses on women as per the statistics issued by Alliance Against Sexual Harrasment (AASHA), 100% of the women have suffered sexual harassment in Pakistan which is an alarming rate that shouts a dire need to eliminate these practices ASAP. Agreeing or not with the statement of the former Prime Minister or labeling women wearing revealing clothes as bold or game changers is something that is highly debatable as the notion varies from culture to culture and from one locality to another as clarified by Imran Khan further on in his interview.
What is Harassment
The term harassment is not gender specific and a person of any sexual orientation can be a victim of unwanted sexual advances. According to Cambridge Dictionary, harassment is generally defined with the following words:
Illegal behaviour towards a person that causes mental or emotional suffering, which includes repeated unwanted contacts without a reasonable purpose, insults, threats, touching, or offensive language (General definition of harassment in law)
In Pakistan, the Protection against Harassment of Women at the Workplace Act, 2010 is the special law in force which defines harassment and includes the following particulars:
Any unwelcome sexual advance
Request for sexual favors
Verbal or written communication or physical conduct of a sexual nature
Sexually demeaning attitudes
Causing interference with work performance
Creating an intimidating, hostile or offensive work environment
The attempt to punish the complainant for refusal to comply to such a request or is made a condition for employment
Words “Jahil” and “badtameez Aurat” not covered by S.2(H) of the act to not qualify sexual harassment. [2012 MLD 198]
How to report Harassment
It is always a better choice to get legal aid from an experienced lawyer, however, after heavy legislation for protecting women against gender based violence and harassment, a victim can report their complaints through multiple channels without any fear of their identity being revealed to the public which are summarized as following:
If the harassment is caused by a private person then a complaint can be filed at the local police station.
If the harassment is carried out through electronic means such as cell phones, internet, etc., then a complaint can be lodged with the Cybercrime Wing of Federal Investigation Agency by visiting their regional office or by visiting their website and filing an online complaint with the relevant evidence, including screenshots, voice notes, pictures and videos attached.
If the victim is suffering harassment at the workplace then a complaint can be filed with the Inquiry Committee of the organization who will transfer the case to a competent authority sanctioned by the government such as, the Provincial/Federal Ombudsperson/FOSPAH, the CCW FIA, National Commission on the Status of Women, etc., if the case is that of a serious nature.
In addition, a complaint can also be lodged in person or online with the previously mentioned authorities.
Punishment for causing harassment
As per the special law, Protection against Harassment of Women at the Workplace Act, 2010, minor and major penalties are prescribed for punishing a person who harasses a woman at the workplace or at any place connected to the work, some of them are the following:
Minor penalties includes withholding, for a specific period, promotion or increment and compensation by accused payable to the complainant.
Major penalties includes reduction to a lower post, compulsory retirement, removal from service, dismissal from service; and Fine. A part of the fine can be used as compensation for the complainant.
As per the general law, Section 509 of Pakistan Penal Code, 1860, prescribes imprisonment up to three years or a fine up to five hundred thousand rupees or both as the punishment for insulting the modesty of or causing sexual harassment to a woman at a public place, private place and at the workplace.
Harassment rate and number of cases
As per the statistics released by UNFPA Pakistan, 28% of women aged 15-49 have experienced physical violence, and 6% have experienced sexual violence. 34% of ever-married women have experienced spousal physical, sexual, or emotional violence. 5% of women have experienced spousal sexual violence (Pakistan Demographic and Health Survey 2017-18). 56% of women who have experienced any type of physical or sexual violence have not sought help and or talked with anyone about the violence. Furthermore, according to an article published in Dawn daily newspaper on January 03, 2024 only 725 cases were registered with the Federal Ombudsperson Secretariat for Protection Against Harassment at Workplace (FOSPAH) in 2023. The previous statistics show that the rate at which women suffer harassment is at peak whereas the number of cases reported are only a few drops from the ocean. This is most likely because the victims do not disclose information about such demeaning acts due to the feelings of societal shame, embarrassment and public ridicule. It is high time that the women should be educated regarding the laws on harassment and the government, institutions and individuals of the society must support women suffering from harassment in order to redress these wrong(s) and bestow justice upon the victim. Similarly, children are also a target of harassment as is evident from the case of Zainab and legislation has also been done in the form of Child Protection Act in order to punish crimes done to or with children.
Relevant Laws to protect females
Article 25 of The Constitution of Pakistan, 1973 (Equality before law and equal protection of the law)
Article 25(2) of The Constitution of Pakistan (Prohibits discrimination based on sex)
Article 25(3) of The Constitution of Pakistan (Allows the state to make special provisions for the protection of women and children)
Article 34 of The Constitution of Pakistan (Women’s full participation in all aspects of national life)
Section 292A Pakistan Penal Code, 1860 (Exposure of child to seduction)
Section 292B and 292C Pakistan Penal Code (Child pornography and punishment respectively)
Section 336B Pakistan Penal Code (Punishment for hurt by corrosive substance)
Section 354 Pakistan Penal Code (Assault or criminal force to woman with intent to outrage her modesty)
Section 354A Pakistan Penal Code (Assault or use of criminal force to woman and stripping her of her clothes)
Section 371A and 371B Pakistan Penal Code (Selling person for purposes of prostitution and buying person for purposes of prostitution respectively)
Section 375 and 375A (Rape and Gang rape respectively)
Section 377A (Sexual abuse)
Section 498 Pakistan Penal Code (Enticing or taking away or detaining with criminal intent a married woman)
Section 498A Pakistan Penal Code (Prohibition of depriving woman from inheriting property)
Section 498B Pakistan Penal Code (Prohibition of forced marriage)
Section 498C Pakistan Penal Code (Prohibition of marriage with the Holy Quran)
Section 509 Pakistan Penal Code (Insulting modesty or causing sexual harassment)
Section 52 The Code of Criminal Procedure, 1898 (Women to be searched by another women with strict regard to decency)
Section 154 The Code of Criminal Procedure (Information in cognizable cases given by woman shall be recorded in presence of a female police officer)
Section 156B The Code of Criminal Procedure (Investigation against a woman accused of zina)
Legislative enactments
The Constitution of Islamic Republic of Pakistan, 1973
The Pakistan Penal Code, 1860
The Code of Criminal Procedure, 1898
The Federal Investigation Agency Act, 1974
The Protection of Women (Criminal Laws Amendment) Act, 2006
The Protection against Harassment of Women at the Workplace Act, 2010
The Khyber Pakhtunkhwa Child Protection and welfare Act, 2010
Acid Control and Acid Crime Prevention Act, 2011
Prevention of Anti-Women Practices Act, 2011
The Prevention of Electronic Crimes Act, 2016
Child Marriage Restraint Act, 2017
The Islamabad Capital Territory Child Protection Act, 2018
Anti-Rape (Investigation and Trial) Act, 2021