EDITORIAL: The issue affects many people, especially women. After hearing a case of workplace harassment, a two-member Supreme Court bench, headed by senior puisne judge Justice Syed Mansoor Ali Shah, in its verdict announced on Thursday upheld the Lahore High Court’s order for the appellant’s dismissal from service.
According to press reports, a woman doctor working in a hospital faced persistent harassment from an office driver. On her request the man was transferred to a different department, still intimidation did not stop.
The complainant then approached the ombudsman’s office, which after conducting thorough investigations into the allegations sent the accused home on compulsory retirement.
Not the one to give up, the accused petitioned the High Court against the ombudsman’s decision and upon rejection of his plea went into appeal before the apex court. Apparently, he had the backing of some resourceful individuals to pursue financially burdensome legal proceedings.
Workplace harassment can happen in different forms, including physical assault, intimidation, abusive language, offensive jokes about gender or physical disability.
As noted by the court in its 9-page judgement, women are more likely than men to have faced harassment over their careers. However, it is not limited to sexual advances or comments, more commonly it comes from gender bias-based conduct that makes the work environment demoralising, if not hostile. Hence the “Protection against Harassment of Women at the Workplace Act, 2010” aimed to create a safe working environment.
But when a while ago it was invoked by a woman employee of the state-run PTV’s Islamabad station against her male colleagues, in its 2021 judgement a three-member Supreme Court bench held that for the law to apply sexual intention must be proved, and dismissed the case.
Because of this narrow interpretation the law was amended in 2022, expanding its scope to include gender-based discrimination generally experienced by women, especially those working in subordinate positions.
As the court has aptly observed in the present case, “workplace harassment is not merely an individual grievance — it is a systemic problem that perpetuates gender inequality by restricting women’s economic and professional growth.”
The court has also advised the government to ratify ILO Violence and Harassment Convention, reinforcing Pakistan’s constitutional guarantees of dignity, equality, and non-discrimination, strengthening protections for workers, women as well as marginalised groups.
The said convention emphasises the right of everyone to a world of work free from violence and harassment. Our own law also needs to be displayed prominently in all public and private sector offices so people have a better understanding of the issue and the rights they have. Potential harassers and victims can learn a thing or two from it.
Copyright Business Recorder, 2025
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