Blog | Harassment Laws in Pakistan

“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 of the general concept of harassment as it 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 Harassment (AASHA), 100% of 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,r or labeling women wearing revealing clothes as bold or game changers, rs is highly debatable,ble as the notion varies from culture to culture and from one locality to another,ther as clarified by Imran Khan further on in his interview. What is Harassment The term harassment isgender-specific,cific 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: Behavior  that  annoys  or  upsets  someone Behavior  that  annoys  or  troubles  someone 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 with 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 qualify as 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 follows: 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 ofthe 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,e then a complaint can be filed with the Inquiry Committee of the organization, which 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 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 include withholding, for a specific period, promotion or increment and compensation by the accused payable to the complainant. Major penalties include 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 the Pakistan Penal Code, 1860, prescribes imprisonment up to three years or a fine up to five hundred thousand rupees, or both,h as the punishment for insulting the modesty of or causing sexual harassment to a woman at a public place, private place,ce 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 heand/or or talked with anyone about the violence. Furthermore, according to an article published in the 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 a peak, whereas the number of cases reported is only a few drops from the ocean. This is most likely because the victims do not disclose information about such demeaning acts due to feelings of societal shame, embarrassment, and public ridicule. It is high time that women should be educated regarding the laws on harassment, and the government, institutions, and individuals of society must support women suffering from harassment to redress these wrongs 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 ofthe Child Protection Act to punish crimes done to or with children. Relevant Laws to protect females Article 25 of the Constitution of Pakistan, 1973 (Equality before the 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 371Bof the Pakistan Penal Code (Selling a person for purposes of prostitution and buying a person for purposes of prostitution, respectively) Section 375 and 375A (Rape and Gang rap,e 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 a woman of 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 of the Code of Criminal Procedure, 1898 (Women to be searched by another woman with strict regard to decency) Section 154 of the Code of Criminal Procedure (Information in cognizable cases given by a woman shall be recorded in the presence of a female police officer) Section 156B of 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