Devil at work
Jang Article
By Rubina Jabbar
Sexual harassment at the workplace is a form of conduct that is prohibited by law in many countries. Unfortunately, Pakistan is an exception
“Sexual harassment at the workplace is a form of violence against women that violates their fundamental rights, dignity and self respect. Most working women, at some time or another, face this kind of violation from their colleagues, bosses or employers,” states a study, ‘Situational Analysis on Sexual Harassment at the Workplace’.
The purpose of the study, published by the Alliance against Sexual Harassment at the Workplace (AASHA) in July 2002 was to determine the existence of sexual harassment at the workplace. It attempted to identify the causes and consequences, and assess the level of awareness about the issue among the workforce, and how various cases have been dealt with at the workplace.
The study has defined sexual harassment as any unwelcome sexual advances, request for sexual favours, or other verbal, non-verbal or physical contact of a sexual nature, which interferes with an individual’s work performance or creates an intimidating, hostile, abusive and offensive work environment. This definition has been legally termed as hostile working environment due to sexual harassment.
A demand by a person in authority for sexual favours, in order for the victim to keep or obtain certain job benefits, be it wage increase, promotion, training opportunity, transfer, or the job itself, is also sexual harassment. This definition has been legally termed as ‘quid pro quo’ (this for that) sexual harassment, which involves a type of abuse of authority. Sometimes, it is also referred to as ‘sexual blackmail’.
According to the study, 93% women working, both in private and public sector, and 95% women working on the fields experienced some forms of sexual harassment.
In most cases the harasser is a boss or a senior colleague. In the case of field-workers, the harassers are usually landlords, munshis, contractors and co-workers.
“It was devastating for these victims, especially when complaints were launched to seek redress within the organisation, the management tried to ignore or side-track the complaints for fear of upsetting the harasser who is generally in a senior position,” observes the study.
91% of the domestic workers interviewed, who are aged 14-30, faced harassment, 9% shared no information.
“Life is quite difficult for these women, who earn their living as domestic servants in the so-called shareef gharanas. There were endless stories of these maids, being sexually harassed and even raped, and impregnated by the master of the house or a relative and even by a family friend. Worst, they are sometimes sold to strangers for a night,” reports the study.
In case of nurses, 58% of them, aged 16-21, faced sexual harassment by co-workers, patients or relatives of patients and doctors. Only 11% denied it and 29% refused to talk about it.
Sales girls faced harassment from their colleagues, customers and even the owners of the departmental stores.
“Cultural or religious factors are unheard of in cases of sexual harassment. It is as common a phenomenon in a patriarchal culture as it is in the American workplaces, where working women are a norm,” says the report.
Sexual harassment at the workplace, recognised as a labour and management issue, is a form of conduct that is prohibited by law in many countries, including some in Asia like Sri Lanka, Bangladesh, India and Malaysia. But, unfortunately, there is no law or clear-cut policy in Pakistan; the issue is being merely acknowledged.
Social taboos prevent victims from reporting the incidents; on the other hand, the legal framework is inadequate to award any punishment to the abuser. Instead, the legal procedures reinforce a woman’s experience of humiliation, embarrassment and public exposure, thus isolating her further.
It is seen more as a personal problem than as one that needs redress within public spheres. The subject is taboo for females in any public discourse, leaving no space for healthy interactions between men and women.
Women are so submissive that they do not report. It is like an insult in itself. Girls also do not complain due to the reaction of their fathers and brothers. “There are a number of such cases but little courage to report them,” comments Farhat Parveen, co-ordinator of Women’s Unit at PILER.
“Generally, as far as sexual harassment, seducing or inducing a woman to compel her to marriage or illicit intercourse is concerned, whether the woman is a working lady or not, general laws will be applicable in all cases,” says Javed Iqbal Burqi, legal consultant, Human Rights Commission of Pakistan (HRCP), Karachi.
Quoting Section 509 of Pakistan Penal Code, Burqi says: “Whoever, intending to insult the modesty of any woman, makes indecent gestures, or intrudes the privacy of women, shall be punished with simple imprisonment for a term, which may extend to one year, or a fine, or both.”
“Even if it is not a working place, and a woman is moving from a bus stop to her working place, and someone does any immodest act, then according to the law, that person is held accountable and punished,” elaborates Burqi.
Most organisations have their own rules and laws about working relationships. But there is no law, specifically or specially made for women or children as far as sexual harassment is concerned. These issues are covered in general laws and Qazaf as well, Burqi points out.
For maintaining a harassment-free workplace, AASHA, which comprises of eight sub-organisations–ActionAid, Bedari, PILER, LHRLA, Islamabad Women’s Welfare Agency, Working Women Association, Working Women Organisation and Conscience Promoters–has drafted a code of conduct, ‘Code of Conduct for Gender Justice at the Workplace’.
The basic substance of the Code has come from research on similar issues in some Asian countries as well as in countries like the UK and US.
The draft was finally sent to the cabinet on 5 October 2002 for discussion but put aside for further study due to certain concerns of the cabinet members. The Code was again put on the agenda of the cabinet for approval after having these concerns addressed by the AASHA members, but it is still in pending.
According to the Code, a complainant does not necessarily have to take a complaint through the informal channel. She can launch a formal complaint through her supervisor, CBA nominee or the worker’s representative or directly to any member of the inquiry committee. The committee will recommend disciplinary action against the accused. The action can vary from leave without pay to demotion and dismissal from services.
“But, unfortunately, AASHA’s Code of Conduct can be implemented only in the formal sector where the terms ‘employer’ and ‘employee’ have been defined, and not in the informal sector,” says Farhat.
About the plight of factory workers, Farhat says that the Factories Law provides separate toilets, common rooms and canteen for women, so that they could keep sanitary napkins and other things there. However, at some places there are common washrooms, especially in garment factories.
“Some boutiques with branches in Islamabad and Lahore have been involved in production, set up in flats in posh areas, and one can imagine the state of female workers employed in these factories,” says Farhat.
There is also a provision in the Factories Act that if 50 of 150 workers are women, a nursery shall be set up for infants up to six years of age, but this facility has not been provided to working mothers.
Some private organisations such as PILER, SDPI and Aurat Foundation have provided working mothers with this facility, but this practice is not encouraged in factories.
Ten gender-friendly organisations, including the Women Bank have adopted this Code, informs Farhat. She also hopes that if efforts from both sides continue, this code would soon be enacted into legislation.