21/09/2021
Today we are going to talk about SEXUAL HARASSMENT AND WORKPLACE HARASSMENT:
Section 509 of Pakistan Penal Code deals with this topic. There are two parts of this section, one for women only and one for both men and women.
1. For women:
• Uttering word, sound or gesture, or using a device to make it seen or heard by woman, to insult her modesty, or
• Intruding privacy of woman, with intent to insult her modesty.
These two situations come under sexual harassment. We will talk about the punishment later.
2. For men and women:
• Conducting sexual advances,
• Demanding sexual favours,
• Using verbal or non verbal communication or physical conduct of a sexual nature, intended to annoy, insult, intimidate or threaten the other person, AND
o Committing such acts at workplace,
o Making submission to such conduct a condition or term for employment,
o Making submission to or rejection of such conduct a basis for employment decision,
o Retaliating upon rejection of such conduct, to interfere with the victim’s work performance, or to create intimidating, hostile or offensive working environment.
These acts are called workplace harassment.
Punishment for all above-mentioned acts is 3 YEARS jail or Fine (can be any amount) or both.
PPC also goes on to clarify some things about workplace harassment:
Such behaviour may occur at public or private place.
Workplace includes building, factory, open area, or larger geographical area where work activities are carried out.
Sexual advances may occur after working hours or outside workplace. The perpetrator only needs to have access to the victim by virtue of job situation or job-related functions and activities.
How to file complaint in this case?
This section is non cognizable. This means that the police is not allowed to lodge an FIR on this allegation. The victim has two options now:
A) go to the police station to file a complaint. The police will forward it to the area judge (magistrate) without lodging FIR, or
B) go to the area magistrate directly to file a complaint. Lawyers can help the victim in filing and pursuing a complaint before the magistrate.
Finally, this case is non bailable. Which means that if the court orders the accused to be arrested, he or she will have a hard time getting bail.
Hope this helps. If you have any questions, do let us know in the comments.