SC Binds Accusers to Submit Proof of Harassment at Workplace

In the latest development, Pakistan’s Supreme Court (SC) pronounced its verdict that the accuser has to prove that the harasser holds sexual intentions in a case related to harassment at workplace.  

A three-member bench headed by Justice Mushir Alam dismissed a case filed by Pakistan Television (PTV) female employee against her male colleagues.

The judge read the clause of Harassment of Women at Workplace Act, 2010 that says that the aggrieved person is responsible to prove that the perpetrator truly had an accompanying sexual intention or overture with his act.

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It added that any other interpretation advanced by this court to enlarge the scope of the related section will violate the rights guaranteed under Article 12 of the Constitution.

The verdict said harassment, in all forms and manifestations, irrespective of race, gender, religion, disability, affects and violates the dignity of a person, as guaranteed under the Constitution of Pakistan, 1973.

The order also highlighted that anyone could be subject to sexual harassment in culture and society like Pakistan but women are the distressing majority of victims.

The act confines to sexualized forms, including orientation of unwanted or unwelcome behavior, or conduct displayed by an accused person towards a victim in any organization.

Under Section 509 of the Pakistan Penal Code (PPC), an individual insulting modesty or causing sexual harassment at the workplace can be criminalized with either imprisonment for a term that can be extended to three years, or fined Rs 500,000 or both.

The 12-page SC order read that the reason for limiting the actionable offense of harassment could be that it may have a serious impact on all those involved, both the potential harasser and victim at the workplace.

Interestingly, this approach isn’t unique to Pakistan, the same is followed in India too.