Punishment for the guilty, or violators of a code of conduct, will range from a censure to dismissal and an unspecified fine under the Protection against Harassment of Women at the Workplace Bill, which must be passed also by the Senate to become law in what the PPP-led coalition government said was a continuation of its agenda to give women their rightful place in society and protect them from all sorts of discrimination.
There was no negative vote in the voice vote on the third pro-women bill passed by the present lower house in nearly two years of its life, but an independent lawmaker from Balochistan, hardline religious figure Maulvi Asmatullah, interrupted celebratory speeches to warn the house that its action amounted to “hostility” to God and an “invitation to His wrath” for being contrary to a Quranic verse before walking out in protest amid boos from both men and women.
But two government ministers and some other members rejected the lone objector's claim that the Quranic verse that means men have authority over women because Allah has made one superior to the other had been violated by the bill, the product of years of campaign of woman activists and non-governmental and rights organisations.
The draft, whose versions have been pursued to no avail by their sponsors even under former president Pervez Musharraf's regime, was last put on the house agenda as an official bill in early November but was taken out of it for unexplained reasons, possibly owing to reservations from conservatives on the treasury and opposition benches.
Some parliamentary sources mentioned even Law and Justice Minister Babar Awan among the hurdles.
Some speakers, in their brief speeches after the vote, praised both President Asif Ali Zardari and Prime Minister Yousuf Raza Gilani for their help in overcoming the hurdles.
Former information minister Sherry Rehman of the PPP, whose role was particularly commended by some members from both her own and opposition parties, blamed obstruction to the bill in the past on unspecified “lobbies” which, according to her, included “some... taking credit for it” now, and she thanked even Mr Awan who, she said, “helped us eventually”.
The house adopted six amendments to the draft already approved by an 18-member house standing committee, including two making the bill's protection available also to male employees of both government and private organisations, all of which were moved by PML-Q member Atiya Inayatullah, although they were originally tabled by JUI member Mufti Mohammad Ajmal, who could not move them because of his absence.
But the law minister opposed an amendment seeking to change the bill's name which, he said, looked in its original form, and the mover agreed to withdraw it.
The draft defines harassment as “any unwelcome sexual advance, request for sexual favours or other verbal and written communication or physical conduct of a sexual nature or sexually demeaning attitudes, causing interference with the work performance or creating an intimidating, hostile or offensive work environment, or the attempt to punish the complainant for refusal to comply to such a request or is made condition for employment.
All organisations, including federal and provincial government ministries, departments, corporations, educational institutions, private commercial organisations and registered civil society associations, will be required to constitute inquiry committees of at least three members each -- one of them being a woman -- to probe complaints and give their findings within 30 days to a concerned competent authority that will award recommended penalties.
Minor penalties are censure, withholding for specified periods of promotion or increment and stoppage at an efficiency bar in the time-scale, otherwise than for fitness to cross such bar, and recovery of compensation payable to a complainant from pay or any other source of the accused.
Major penalties include reduction to a lower post or time-scale or to a lower stage in a time scale, compulsory retirement, removal from service, dismissal from service, and fine, a part of which can be used as compensation for the complainant. “In case of owner (found guilty), the fine shall be payable to the complainant,” he bill said.
An inquiry committee may recommend to an ombudsperson for appropriate action against a complainant whose allegations are found to be false and made with mala fide intentions while a party aggrieved by decision of the competent authority may prefer appeal to the ombudsperson to be appointed by the federal or a provincial government.
Appeals against the decisions of an ombudsperson at the federal level can be made to the president and at provincial level to the governor concerned.
The bill's objective, according to a statement of objects and reasons accompanying it, “is to create a safe working environment for workers which is free of sexual harassment, abuse and intimidation” with a view to enabling higher productivity and better quality of life at work.
“Sexual harassment is one of the biggest hurdles faced by working men and women, preventing many from working to get themselves and their families out of poverty,” the bill said.
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