By: Fouzia Saeed
The anti-sexual harassment law is applicable to all institutions, government, private, civil society and as the text of the law regarding this clearly states, “to the educational institutions” as well (Section 2 Paragraph 1). A recently proposed amendment in the Senate created an impression that the law is not currently applicable in the educational institutions. This is totally incorrect. I will explain the challenges this law is facing because of some elitist elements, which are persistent in harassing others and pull all strings to get away with it.
The amendment moved recently in the Senate has a positive intention. We have given our inputs. If approved, it should expand the definition of sexual harassment which will help cover, in a better way, all complainants who are not employees of an institution but are harassed by an employee. These include students as well. We hope the government will look at such changes in a positive manner.
The law, Protection Against Harassment of Women at Workplace Act of 2010, was signed on March 9, 2010. In January 2011, the Higher Education Commission (HEC) dispatched a detailed guideline for all universities to comply with the new law.
The law has a provision for an appeal process. If you approach the Inquiry Committee of the institution, either party can go in appeal to the ombudsman. You can also go to the ombudsman, under section eight which states that, “Any employee shall have the option to prefer a complaint either to the ombudsman or the inquiry committee.” In such a case, either party can take the decision for a representation to the president. But no one gets to appeal twice. Perhaps a future amendment can also make this more explicit.
The university controller of examinations of the Quaid-e-Azam University (QAU) was forcefully retired by the university for physically harassing a young female student. The story was corroborated by many witnesses. A frenzy was created within the syndicate. Most respected Supreme Court Justice Nasirul Mulk, who happens to be on the syndicate of the QAU, ruled that the law is applicable to universities. The controller took the case in appeal to the ombudsman where the university’s decision was upheld. He tried his luck in the high court but did not get anywhere. He then took the case to another appeal — to the president. The second appeal is not allowed under the law.
The president sent the case to the law ministry where, we are told the ministry said the law doesn’t cover student grievances. We disagree with this opinion as the definition clearly states: “Harassment means any unwelcome sexual advance, request for sexual favours or other verbal or written communication or physical conduct of a sexual nature or sexually demeaning attitudes … or the attempt to punish the complainant for refusal to comply to such a request …”. This was a classic case where a senior controller examination abused his position to create fear of reprimand and physically harassed a young female student in his office and was fully covered under the law and fully within the HEC policy which the university officially adopted.
More than 40 complaints of sexual harassment, mostly by students against professors, have been resolved so far. Five major cases have been tackled in QAU itself. Thus, I would like to make it clear to the senators to kindly not frame their discussion in terms of whether this law should include universities or not. This is damaging for our implementation process. The universities are already included. They will be going against the law if they do not establish the complaint mechanisms. Any help in further strengthening the act by them will be welcomed.