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Editorial
overview
review
Sexual harassment is…
The male order
"It relates to the right of women to live with dignity" The News on Sunday: With vast majority of women in the country unaware of their rights, the legislation introduced and enacted in the past to protect women has never been implemented. Do you think the new law will meet the same fate? Editorial The Criminal Law (Amendment) Bill, 2009, unanimously passed by the National Assembly to provide for a higher punishment for women's sexual harassment and expanding the definition of the crime should be welcomed as a first step in the right direction. The bill seeks to amend both the Pakistan Penal Code and the Code of Criminal Procedure, "increasing the punishment for the crime to up to three years in prison and a fine of up to Rs500,000 from up to one year and unspecified fine already provided in the PPC for a vague 'insult (to) the modesty of a woman'." The passage of the bill, which needs one more step of getting the approval of the upper house to become a law, has raised some interesting questions regarding the status of women in society. These questions are not easily answered. There is the eternal question of the role of law in transforming society, as effectively raised now as it was when say the anti-race or anti-Sati legislation came. Do people need a law to stop them from doing something bad? Of course, it was the larger political commitment to civil rights movement than court decisions that led to a better sense of integration in Western societies. Nor did the anti-Sati laws transform the Indian society overnight (the practice still prevails in one form or the other). Similarly in our society it is important to raise this important question: How to effect that meaningful change within society so that the unwritten codes weigh heavier than the law? Many women in the print media may feign ignorance about the word sexual harassment. The support and encouragement they have received from their male colleagues and editors, they claim, is exactly the opposite of the conditions contained in this recent piece of legislation. But print media, and a couple of other examples, remain exceptions. The fact that there has been a near consensus among women to bring about the current piece of legislation clearly shows there was a clear need for it. The new law spells out what harassment is but there are many related questions that need to be answered. There is the issue of possible abuse of law, raised briefly in the National Assembly, but this is as true for any other law. There is the more important issue of how it shall be implemented. This is why there is need to see a change in society in order for this legislation to be implemented. How will women access justice for themselves since the onus of declaring that harassment did take place lies on the women? And lastly what is the men's perspective? Is their perception of sexual harassment different from that of women? As this Special Report tries to find replies to these unsettling questions, we iterate that discrimination at homes must end, to start with. The status of women is being defined more in our homes than outside. We need more policies to de-segregate the genders. And finally we would like the organisations and institutions to have their own internal codes of conduct that the employees clearly know about when they come to work.
overview Both the civil society and the official circles have welcomed the recently approved amendments to the Pakistan Penal Code (PPC) section 509, incorporating sexual harassment, by the National Assembly. According to them, this is the first bill in the country's 62 years old history that provides protection to women from sexual harassment. "Women must be afforded a safe workplace where they can function to the best of their abilities and also look after their economic well-being. This bill seeks to ensure that," says Dr Fouzia Saeed, Director, Alliance Against Sexual Harassment (AASHA), who was also involved in the drafting of the said bill. "I consider it a big success for the women lot, especially because the bill found the approval of all political parties. "We have been working on the issue since 2002, when we formed AASHA with the agenda to fight the sexual harassment of women. The new law defines sexual harassment comprehensively." Dr Saeed admits that women have had to face a great deal of problems regarding the implementation of the already existing laws. "A large number of the victims of sexual harassment and domestic violence are refused the right to register cases; the police discourage them." However, she says the introduction of progressive laws is important and women have benefited from them. She quotes the example of the women protection bill here. "The number of women in jails has decreased considerably (after the introduction of the bill)!" Legal experts believe that most progressive laws end up in statute books and no government has ever chalked out a plan to implement them. "Most of these laws are introduced by different governments under international pressure, which is why the political will to implement such laws is lacking in our country," opines Karachi-based advocate Zia Awan, President, Lawyers of Human Rights and Legal Aid. "We should not forget the fact that it's the police that are supposed to enforce these laws and, unfortunately, majority of them, especially those at the police station level, are corrupt themselves." Awan says the women who seek to report such cases face serious issues and hindrances. "Mostly, the police support the version of the accused party -- they never favour the victim aka the weaker party. Instead, they force women and their family members to come halfway with the accused and also, at times, to withdraw cases. Therefore, mere introduction of a law is not enough. The investigation has to be fair as well." The data available on the HRCP website clearly shows the 'seriousness' of the police department about registering cases related to sexual harassment. In the first six months of this year, not more than 100 cases of sexual harassment and assault have been registered across Pakistan. "This is ridiculous. Our organisation also runs a helpline for women and children and we receive dozens of such complaints every day," says Awan. According to a middle ranked police official in Lahore, there are clear cut instructions to the police to avoid registering cases related to women's rights and family issues. Internationally known gang-rape victim Mukhtar Mai tells TNS that the "police is not ready to register cases of sexual assault against women, let along those of harassment. For them teasing a woman or staring at her is not a crime." Mai thinks cultural barriers in our society play a very significant part in discouraging the victim of sexual harassment or assault from recourse to justice "because the family of the victim start dreading the society's reaction. They fear their daughter/sister/wife/mother would be disgraced and abandoned." Beelum Hasnain, MNA, PPP, admits that implementation will be a huge task for the government. "It is not easy to make the police agree to register a case," she says, adding that our lower judiciary is also not sensitised on such issues. Baber Bashir, Director, Rozan, an Islamabad-based NGO working with the police for the last ten years on the issue of gender sensitisation tells TNS that the existing set-up of police is not supportive of the implementation of laws that ensure women's rights in a society. Its very structure is male-dominated; the women's presence in the police department is quite negligible. "There are more than 350,000 police officials in the country whereas the lady police force does not exceed 3,500. Punjab police boasts a maximum number of women while their number is minimal in Balochistan. In the first step, we are required to increase the number of female police officials to at least 10 percent." Bashir says a large-scale awareness campaign needs to be launched in the police department to make it sensitised to gender related issues. Syed Arshad Hussain, Director, National Police Bureau, Islamabad, does not hesitate to admit that the police, in most cases, are not ready to register cases related to women. "We are trying our best to effect a change in this regard. We have already introduced a new curriculum on gender sensitisation for the training of police officials. The basic problem lies at the police station itself. The duty officers do not treat the women properly and, in fact, harass them. It will take us a long time to change attitudes." review Bill in the blanks It is an uphill struggle for women to feel secure, both in public and private, in this patriarchal society. This first step has to be strengthened and fully publicised for it to be as effective as possible By Aisha Gazdar and Hassam Q. Shah On November 4, 2009, the National Assembly in a
unanimous vote passed the Bill against Sexual The amendment to section 509 of the Pakistan Penal Code (PPC) has added to the definition of what constitutes harassment: "Whoever intending to insult the modesty of any woman, utters any words, makes any sound or gesture or exhibits any object, intending that such sound should be heard, or that such gesture or object shall be seen by such woman, or intrudes upon the privacy of such woman; conducts sexual favour or demands sexual favour or uses verbal or non-verbal communication or physical conduct of a sexual nature which intends to annoy, insult, intimidate or threaten the other person or commits such acts at the premises of workplace, or makes submission or rejection to such conduct by an individual a basis for employment decision affecting such individual, or retaliates because of such behaviour, or conducts such behaviour with the intention of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment; shall be punished with imprisonment which may extend to three years or with fine up to five hundred thousand rupees or both." While the additional clause (ii) specifically refers to and defines what constitutes harassment at the workplace, the explanation that follows about where such a conduct may occur is an all encompassing definition to include public places (public transport, parks, markets, streets) as well as in the private domain (workplaces, private gatherings or homes). Another very important addition is the definition of the workplace (organisation, building, factory) and the geographical location and time where this harassment could take place (outside working areas and after work hours). It is in the procedural changes, however, where this law could lack effect. Firstly, the offence has been made bailable. In comparison, the offence of a cheque being dishonoured, which also carries three years of imprisonment, is a non-bailable offence. For greater deterrent, the offence of sexual harassment should also be made non-bailable. Furthermore, the police have to obtain a warrant of arrest by the magistrate. This can cause delay in the arrest of the accused and could further delay justice. As a solution this offence should be made cognisable which means that the police can make an arrest without a warrant. Secondly, this offence has been made compoundable with the permission of the Court. This is where the law could be at its weakest. A compoundable offence means that both parties can come to an agreement or raazi nama as it is called, to come to a compromise. It has been seen that coercion (monetary or otherwise) plays a major role in withdrawal of cases and this cannot be ruled out in cases of harassment where the woman is anyway in a vulnerable position. Thirdly, another question mark is the amount of the fine because if this offence is to be tried by a court of magistrate then the imposition of the fine of Rs 500,000 is not legally possible. This substantial amount could serve to act as a deterrent and the law makers need to address this loophole to avoid legal rigmarole. These procedural ambiguities notwithstanding, this Bill is a major achievement brought about by the efforts of parliamentarian Sherry Rehman and activists who have long demanded a policy framework on sexual harassment. Harassment of any nature, but most particularly sexual harassment is one of the main reasons that innumerable women refrain from stepping out of their homes to find gainful employment or even to venture out to study further. In a recent research for a documentary on women employed in the non-formal sector, especially home-based work, one dominant reason for women working for extremely low wages was that "they are not allowed to go outside their homes". Male relatives were agreeable for their wives, daughters and sisters to work up to 12 to 18 hours at home at mere pittance but they would not allow them to go to out and work in factories. In factories, too, sexual harassment is commonplace but in the absence of legislation women have been reluctant to speak up. According to Sardar Manzoor, a Karachi-based lawyer who deals with labour cases, such a law needs to be implemented to be effective. "I have come across many cases where women workers in factories are forced by their employers to work overtime and late hours. If they complain, they are told not to come back the next day. So they just keep quiet." It is an uphill struggle for women to feel secure, both in public and private, in this patriarchal society. This first step has to be strengthened and fully publicised for it to be as effective as possible. What does having such a law means?
Sexual harassment is…
Hina Jilani "…any kind of verbal or physical intimidation of a woman
or any act that What it implies to me is different. It includes all kinds of harassment be it at workplace or in private sphere. For example, stalking someone on the road, doing any action while the girl is passing by. Majority of the cases of harassment in our society happen in public transport."
Dr Fauzia Saeed 
"…basically 'thark', to use an appropriate Urdu word. As soon as you use it, you realise its exact connotation. It ranges from any verbal or physical act that has sexual innuendos and jokes that have double meanings, graffiti, or staring at women. There is a distinction between gender discrimination and sexual harassment. A woman not given maternity leave or being pushed in the background is gender discrimination. Inviting her to dinner or tea which somehow intends to annoy, insult, intimidate or threaten the other person in the premises of the workplace amounts to harassment."
 Women's rights activist and an active member of AASHA "…any unwelcome sexual advances with an element of discomfort. It is up to the recipient to understand that it is harassment. It can be characterised by verbal or nonverbal gestures that is often difficult for people to associate with harassment. Jokes, sexist comments or remarks that even ridicule you being a woman. Obvious signs just as touching, rubbing or partying -- these are all elements of sexual harassment. It also relates to one being economically more powerful and taking advantage of the female counterparts." Hina TariqCopywriter, Advertising company 
"…peculiar to workplace when you face discrimination against your male colleagues. You are denied opportunities to progress. All the chances are taken by men. …It also varies from job to job. In an office environment like ours, one does feel sexually harassed when male colleagues talk about your character. They cast aspersions on you for being romantically involved with someone (which you in most cases are not) and spreading strange kind of rumours about you. So for a girl in our society, 'character' is what matters the most. To put it in one line, sexual harassment is any gesture that just insults you in a manner that you regret being a woman!"
Shamsa Haq 
"…everything and anything that a man does to get your attention on the road or in the bus. I don't know what pleasure do they get when they pass comments such as "Mashallah", "Saath chalna hai", and "main toh kab say yahan kharra hoon". All this is sexual harassment -- ogling at the girl as if she was the first woman they ever saw. …In fact, sitting in the bus on the opposite seat of the driver does not even translate into harassment. I feel that in our society man feels superior because of the fact that he is a MAN."
Although the Criminal Law (Amendment) Bill, which was passed recently by the National Assembly, uses the word 'person' and not just 'women' in its text -- which is a good thing because it does not automatically assume women to be a lesser sex, although they are more vulnerable -- the legislators as well as activists have interpreted it as aiming at making work as well as public environment safer for women so that they can "pursue livelihood with dignity". Though the language is
politically correct and many have termed it as a step in the right
direction, Thus TNS went around asking people on the street what they thought of the bill. "Huh?", a blank stare, "Baji, sanoo kee pataa? (Lady, what do we know?)", accompanied by a shy smile… So what do you think of the men who harass women? The answer, in most cases, was: "Men should respect women". But haven't they ever whistled at a woman passing by or sung a song? Silence. Do they know that now women have the right to speak up and if they do harass the women they may get jail time or a fine or both? The reaction: half smiles and the usual banter from a friend, "Lo ji…hun na kareen" (shoulder pat), "Hun tey tu jail gaya hee gaya" (Well… don't do it anymore… Now you will surely go to jail). Snickering all around. How much will the people on the street be deterred by a law that they seem to know nothing about? Austin's command theory states that generally law serves not only as a standard to be followed but also as a deterrent -- that we only obey law when there is punishment for disobeying -- does not really seem to make a difference to them. The main culprit then seems to be, as Daniyal Asad, a student points out, "the patriarchal mindset that is entrenched in our society". "This step (of passing the bill) can only be effective if the taboo associated with reporting harassment is broken", he continues. One is reminded of the Shazia Marri incident in 2006 in the Sindh Assembly, after which Arbab Rahim, the then Chief Minister held Marri responsible by saying, "Female opposition members with makeup come from the beauty parlours to the assembly every day …There is something wrong with them." Any legislation has a primary as well as a secondary purpose. The former being the enforcement of the standards or the laws that are made and the latter being a vehicle to create awareness in hope that such a degree of awareness will be created that will make the actual enforcement easier. One can argue that enforcement of such a law in a country like Pakistan might be an issue to begin with but at least some thing is being done. The law might just trigger the awareness of women's rights and challenge the male superiority complex. But in a country where some parliamentarians think the law might be misused by employers who might refuse jobs to women or be used in rural areas to settle old scores or register fake cases (as if such things did not exist while there was no such law), it is easier said than done. Yet, however cynical one might be, one should really term it as a well known cliché -- 'a step in the right direction'. Barack Obama's quote in Audacity of Hope might also help, "Like good manners, competence cannot be governed by legislature or rules, but legislature can provide the opportunity for values to work their magic."
"It relates to the right of women to live with dignity" Sherry Rehman, MNA,
Pakistan People's Party, and former minister for Information and Women The News on Sunday: What prompted the making of the anti-harassment legislation? Sherry Rehman: Harassment of women at work or public places is a very serious issue, most importantly because it relates to the right of women to live with dignity. The fear of being harassed compels most women to stay back home or it adversely affects their output in the organisation they are working. The purpose of the legislation was to create an enabling environment for the legal protection of women. Women have every right to seek economic opportunities for themselves and to carry out their day-to-day activities with ease and a sense of security. This is a free country and every individual has the right to follow his or her choices while staying within the boundaries of law. Most women victims have to also struggle with negative repercussions of making incidents of harassment public. The legislation shall liberate them from the responsibility of accepting it as a part of everyday life. TNS: Now that the anti-harassment legislation has been approved by the National Assembly, what do you hope to achieve next regarding the said bill? SR: Well, we have only taken our first step towards changing the lives of women. I consider it a significant development, but while we celebrate it, let me point out that we have a long way to go. TNS: Women in this country are not quite aware of their rights. On the other hand, the laws enacted in the past to protect their rights have not been implemented. How hopeful are you that the new law will not meet the same fate? SR: Any legislation requires a different set of practical steps for its implementation. A series of efforts across the various government institutions is what is needed for the purpose of mass sensitisation on gender issues and sexual harassment of women. It is important that the government takes the lead by implementing it in its own institutions. This will contribute a great deal to ensuring a balanced structure across the board. The National Commission on the Status of Women could serve the purpose of augmenting women-related legislative efforts. Secondly, the office of special federal ombudsman should be set up with the purpose of handling complaints from the women who face harassment at workplace or elsewhere. Amendments in the Pakistan Penal Code are of particular significance. Earlier, loose ends in the definition of 'sexual harassment' in the PPC prevented the implementation of such a policy. TNS: Do you think the state must create a law to stop people from misbehaving? SR: Safety and security of people is the state's responsibility any way. Nobody should be allowed to impose any restrictions on the movement of free citizens by way of improper conduct.
-- Anis Haroon, renowned peace and women's rights activist, and Chairperson, National Commission on Status of Women (NCSW) The News on Sunday: With
vast majority of women in the country unaware of their rights, the Anis Haroon: You are right about the women in Pakistan not being aware of their rights, but things are changing. Now they know more about issues such as their right to get divorce than their mothers and grandmothers did. It is thanks also to NGOs and women organisations that are striving to reach out to more and more women and their communities with vital information on important issues. Having said that, it is important for the state organs to see to it that the clauses in the new legislation are fully implemented. In fact, it's not just the duty of the state or the police and the courts but also that of the society at large to facilitate implementation of the law. TNS: The new law requires women to take charge, in a society which is hugely male-dominated. How do you see that happening? AH: There ought to be a support system for a victim so that she can open up about the ordeal she has gone through. I know it's not easy for a rape victim to go to the police or move court and seek justice. In order for her to do so, she must have a supportive environment. TNS: Those responsible for
the legislation in the parliament claim it will make public and work
environment safer for women. Do you buy that? AH: See, earlier we didn't have a law that looked at the issue, even though women have always become victims of harassment at workplace or in public places. This legislation does offer them protection and a greater space to operate freely in the society. But, again, we have to mould the psyche of the common people. We've to show them that there is a law and that nobody can get away with not abiding by it. TNS: Don't you think we need to have an environment that is free of any gender bias rather than just enact special laws? Is this law not reflective of the society's failure to extend respect to the womenfolk in the same way it does its men lot? AH: Yes, but this gender bias is not peculiar to Pakistan only. It has something to do with the male psyche or societies being patriarchal which have existed for ages. We need to have laws to protect women so they can move freely in the society without any fear. TNS: Is the new law good enough to improve the situation or you would like the government to devise any measures to help? AH: Well, ever since the procedural amendments were passed (last week) by the National Assembly, there has been no progress on the issue. I hope the actual bill on harassment will be taken up soon, not only by the NA but also the Senate. We need labour laws, laws for social protection and homeless people most of who are women. So, there are many things waiting to be done by the legislature.
-- Shaiq Hussain |
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Harassment, (Criminal Law Amendment Act, 2009). While this will be made into
law once the Senate passes it, its significance lies in the greater
understanding and acknowledgment of the all-pervasive issue of harassment
that women face in Pakistan. 
inclines that her modesty is being undermined. It includes language -- the
kind our parliamentarians use in the parliament, which can be very
embarrassing for the women sitting there -- any type of verbal or physical
gestures used by the opposite sex. 
exactly how will it change the status quo? Multinational companies as well
as banks and huge firms usually have a harassment policy in place which
extends to both the sexes (I am reminded of an acquaintance who works in an
MNC and was asked to rate the women in order of their 'degree of hotness',
by women receptionists, by the way!). According to the people that TNS
talked to, "strict action is taken against people who are found to be
involved in such harassment". When asked whether they had read the text of
the bill, the answer was usually "just the headline that a bill has been
passed" or "I haven't read the text but I think it is great the government
has finally passed such a bill. I hope it is enacted per say". When asked
why they hadn't bothered to read the text, Asad Ali said, "I do not think
that people like us who are educated are a problem. We have studied in
co-education schools and colleges so we know how to treat women and behave
around girls. The major problem is the attitude and mindset of the people on
the street. The real question is, have they read the text of the bill?"
Development, is the architect of the anti-harassment legislation passed
recently by the Lower House of the Parliament. She sees this bill as a
useful legal instrument to help protect women's rights and also to save them
from sexual harassment at workplace as well as public places.
legislation introduced and enacted in the past to protect women has never
been implemented. Do you think the new law will meet the same fate?
