The Supreme Court, while allowing review petitions against its July 5, 2021 judgment, said on Tuesday that harassment law does not apply just to sexual harassment but also addresses gender-based discrimination at the workplace.
Justice Ayesha A. Malik issued a 14-page judgment in the harassment cases involving Pakistan Television (PTV) employee Nadia Naz. A three judge SC bench in 2021, passed the judgement that the petitioner failed to establish the case of sexual harassment within the contemplation of the Act.
SC in its Tuesday judgment wrote, “Both the president [of the country] and the Islamabad High Court decided the case of [complainant] Nadia Naz on the understanding that harassment means sexual harassment having a sexual nature and form and did not examine the facts in the context of Nadia Naz’s perspective and her understanding of the injury caused.”
“It includes a broad range of conduct and behaviour which results in workplace problems with serious consequences, one of the main being gender inequality.”
“Being an issue grounded in equal opportunity and equal treatment of men and women in matters of employment, sexual harassment in any form violates the dignity of a person as it is a demeaning practice that aims to reduce the dignity of an employee who has been forced to endure such conduct,” read the judgment.
“Sexual harassment as gender-based discrimination is gender-based hostility, which creates a hostile work environment. It is a reflection of the unequal power relations between men and women which translates into a form of abuse, exploitation and intimidation at the workplace which makes it a violation of a basic human right.”
