There are well developed and settled laws for dealing harassment cases in Pakistan. Protections to individuals, especially women who faces abuse, intimidation, or misconduct at workplaces. These laws covers from workplace protections to penal code enforcement and even cybercrime prevention.
Female Harassment Law in Pakistan at Workplaces:
This is an era where women work alongside men at every level. However, women sometimes face challenges. To protect them in the workplace, the women harassment laws in Pakistan are framed under the Protection Against Harassment of Women at the Workplace Act, 2010, amended in 2022.
Key Highlights of The Act:
- It states that Harassment at workplace in Pakistan can be verbal, non-verbal i.e., gestures, and physical misconduct.
- This Act mandates every employer to establish an internal inquiry committee for addressing complaints and redressal of grievance.
- It imposes penalties ranging from written apologies to termination of service.
- The law was amended in 2022, the amended broadens its scope to part-time jobs, freelancers, and contractual employees.
Sexual Harassment cases in Pakistan: Under Pakistan Penal Code (PPC)
Beyond the workplace, harassment cases in Pakistan are often addressed under the Pakistan Penal Code (PPC), which provides broader legal remedies on a larger scale and is not limited to workplaces alone.
Relevant Sections:
- Section 509: Under section 509 PPC, sexual harassment, whether through words, gestures, demands, or physical conduct is a punishable offense with up to three years’ imprisonment, a fine of up to Rs. 500,000, or both. It applies to both public and private spaces, including workplaces, and covers any behavior that creates a hostile environment or misuses job-related access to harass someone.
- Section 354 & 354-A: Assaulting a woman with the intent to outrage her modesty is punishable with up to two years’ imprisonment, a fine, or both. However, if the assault involves stripping her of clothes and exposing her to public view, the offender faces either life imprisonment or the death penalty, along with a fine.
- Section 506: This section, in circumstances, covers mental harassment law in Pakistan, such as Criminal intimidation in Pakistan, that is punishable with up to two years’ imprisonment, a fine, or both. If the threat involves death, grievous hurt, arson, serious crimes, or imputing unchastity to a woman, the punishment can extend to seven years. If the intimidation is made anonymously or with concealed identity, an additional punishment of up to two years applies. These women harassment laws in Pakistan apply to street harassment, sexual harassment, domestic abuse, and other non-workplace settings where women face abuse.
Mental Harassment Law in Pakistan:
While there is no standalone mental harassment law in Pakistan, several statutes indirectly address the issue of emotional and psychological abuse. For example;
At workplaces, the Protection Against Harassment of Women at the Workplace Act, 2010 (amended 2022) covers emotional and psychological abuse that creates a hostile environment.
The Pakistan Penal Code (Sections 509, 506, and 507) criminalizes verbal threats, intimidation, and actions that cause mental distress.
Online harassment is also punishable under the Prevention of Electronic Crimes Act, 2016 (PECA).
Provincial Domestic Violence Acts in Punjab, Sindh, Khyber Pakhtunkhwa, and Balochistan include emotional and psychological abuse as punishable offenses within the household sphere.
Cyber Bullying in Pakistan: Protection Under PECA 2016
With the increase of social media users over the time, cyberbullying has become an increasing threat, it also targets women on multiple social media platforms. The Prevention of Electronic Crimes Act (PECA), 2016 was introduced to tackle these issues.
Under Section 24A of the PECA, cyberbullying is a criminal offense in Pakistan. It involves posting or sending threatening, harassing, or targeting messages, images, or videos via social media, chat rooms, blogs, or messaging apps. Victims, including minors through their guardians, can request the Pakistan Telecommunication Authority (PTA) to remove or block such content. After reviewing with the investigation agency, the PTA can order content removal or blocking. Offenders of child cyberbullying face imprisonment from one to five years and a fine ranging from Rs. 100,000 to Rs. 500,000.
Women Harassment Law in Pakistan and Constitutional Safeguards
Women harassment law in Pakistan is primarily supported and uplifted by the Constitution of Islamic Republic of Pakistan, 1973 that promote gender equality and human dignity, such as in;
- Article 14: Right to dignity and privacy.
- Article 25: Equality before law and non-discrimination on gender grounds.
- Article 34: State obligation to ensure women’s full participation in public life.
Reporting Harassment at Workplace in Pakistan:
If you are a victim of harassment at workplace in Pakistan, the law mandates a stepwise procedure to report and address your grievance:
- File a complaint with your employer’s Internal Inquiry Committee.
- If unresolved, escalate to the Provincial or Federal Ombudsperson.
- If criminal in nature (e.g., physical assault), an FIR can be registered under PPC.
At LEX, we are dedicated to supporting and protecting women’s rights. If you are facing harassment, you can contact us directly for confidential and expert assistance. We are here to help, offering legal guidance and taking action to ensure your rights are upheld and justice is served.
Concluson:
In conclusion, I can say that Pakistan has taken significant steps in setting a legisolationsto protect women from various forms of harassment, whether it be in the workplace, at home, or online. While the laws are there, it is important that the victims know their rights. If you’re facing harassment of any kind, don’t hesitate to reach out for help or assistance. At LEX, we’re always here to guide and support you through the process, Stay informed, stand strong, and know that help is available.
Frequently Asked Questions (FAQs):
What is the punishment for sexual harassment in Pakistan?
Sexual harassment in Pakistan is taken seriously, and if someone harasses you—whether through words, gestures, or physical actions—they can face up to 3 years in prison, a fine of up to Rs. 500,000, or both. This law applies to all spaces, including workplaces, and protects you from any behavior that makes you uncomfortable or creates a hostile environment.
What is the punishment for assaulting a woman in Pakistan?
If someone assaults a woman with the intent to disrespect her, they can face up to 2 years in prison, a fine, or both. However, if the assault includes stripping her and exposing her to the public, that’s much more serious, and the punishment can be life imprisonment or even the death penalty, along with a fine.
What is the punishment for criminal intimidation in Pakistan?
If someone threatens you in Pakistan, they can be punished with up to 2 years in prison, a fine, or both. But if the threat involves serious harm, death, or any major crime, the punishment can go up to 7 years in prison. Plus, if the person makes the threat anonymously, they could face another 2 years in prison.
How to Report Harassment at the Workplace in Pakistan
If you’re being harassed at work, here’s what you can do:
• First, report it to your employer’s Internal Inquiry Committee.
• If that doesn’t help, you can take it to the Provincial or Federal Ombudsperson.
• If it’s something serious like physical assault, you can file an FIR under the Pakistan Penal Code (PPC).
How Constitution of Pakistan Protects Women Dignity?
The Constitution of Pakistan has strong protections in place for women. It promotes gender equality and dignity with key rights, like:
• Article 14: Right to dignity and privacy.
• Article 25: Equality before the law, with no gender discrimination.
• Article 34: The government must ensure women can fully participate in public life.
What is the punishment for cyberbullying in Pakistan under PECA 2016?
Cyberbullying is a big issue, and Pakistan’s PECA 2016 law takes action against it. If someone sends you threatening or harmful messages or posts online, they can face 1 to 5 years in prison and a fine between Rs. 100,000 to Rs. 500,000. If the victim is a minor, the punishment is even stricter.
Note: M/s Legally-Ethically-Expertly (LEX), a leading law firm with experienced lawyers, provides this article’s information for public awareness through our website, lex.com.pk. We strive to provide valuable insights to the general public but do not regard this content as legal advice. It may contain human error and outdated information. However, for personalized guidance or assistance with legal matters, we encourage our valued readers to contact our expert family lawyers in Pakistan by calling or WhatsApp at +92-310-8888539, or email at info@lex.com.pk. We are here to assist with tailored solutions.
