Last week was a joyous occasion for all women when it was announced that there would be amendments made to the Protection against Harassment of Women at the Workplace Act, which will help more survivors of harassment and abuse find courage to come out and take action against their harassers.
What are these changes and how will they make an impact in helping more survivors expose abusive workplaces? Digital rights activist and lawyer Nighat Dad shared all of this on her twitter account by pointing out what changes were made to broaden the definition of harassment and how it will help more women in the future.
- The definition of employee has been broadened to include occupations like freelancers, performers, artists, entertainers, domestic workers etc. This means more women who don’t work at traditional office places have the right to seek legal justice against their harassers.
The definition of “employee” has been broadened to include freelancers, performers, artists, entertainers, sportspersons, students, domestic workers, intern trainees or apprentices working with or without pay.
This broadens who is defined as a worker in the law. pic.twitter.com/zVcPai94nA
— Nighat Dad (@nighatdad) January 19, 2022
2. There has also been included provisions for ex-employees, women who have left their workplace or have been removed can also now file cases of harassment against their workplace
“Former employees” (any person) who have quit their jobs, been removed or replaced can also now file cases for harassment against their workplace(s). pic.twitter.com/nfqt6URsrD
— Nighat Dad (@nighatdad) January 19, 2022
3. Definition of a workplace has also been broadened to include to prove that harassment doesn’t only occur in office places. Other venues mentioned in the document include households, concerts, gymnasiums, public events etc.
The definition of the workplace has also been expanded to include gymnasiums, sports fields, concerts, courts, public events and households. All such venues have been included in the definition to clarify that any harassment can possibly occur beyond the traditional office space pic.twitter.com/Com2Yx0NdM
— Nighat Dad (@nighatdad) January 19, 2022
4. The definition of harassment has been broadened from being previously limited to “unwelcome sexual advances” and now also highlights other actions like gestures or expressions that may hinder the worker’s work performance or create a hostile environment
Harassment is no longer limited to “unwelcome sexual advances” & now includes any gestures or expressions covering derogatory connotations causing interference with work performance or creating an hostile environment including stalking & cyber stalking. pic.twitter.com/iPswX2CtVn
— Nighat Dad (@nighatdad) January 19, 2022
5. One of the most important changes made to this act is now to include protection for sportswomen who wish to take legal action against their harassers. Nighat Dad cited the case of 17 year old cricketer Haleema Rafiq who had come forward with accusations of harassment against members of the Multan Cricket Club, but did not receive any support from the law or the police. She had committed suicide soon afterwards.
The amendment law also recognizes sportswomen and their spaces of work. The law now includes the possibility of harassment occurring in any sports place that is a part of the contract.
This reminds of 17 year old cricketer Haleema Rafiq who committed suicide… contd.
— Nighat Dad (@nighatdad) January 19, 2022
Other women on Twitter, especially lawyers, lauded these changes as a breakthrough for many women in Pakistan which will soon empower them to seek action against abusive workplaces.
It is a joy for me to see that the definition of “employee” has been expanded in true spirit of the law. At time of the law’s passing, Parliamentary Debates discuss how the Act is also for a “Kapaas chunnay wali khatoon” & not just women in standard employment. A victory today! https://t.co/WEsXdxpgNy
— Noor Ejaz Chaudhry (@noorejazch) January 19, 2022
This is HUGE! https://t.co/KUMKqxzUXs
— 🌻Bissmah Mehmud (@bissmahmehmud) January 19, 2022
cannot emphasise enough what a huge victory this is. @nighatdad @itsmeeshashafi and others have brought about landmark change. absolutely incredible.
shoutout also to the amazing twitter folx dealing w/ the bs court case for years now. thank you for your struggle and resilience https://t.co/HiLIpQ6hHj
— Ahmer Naqvi (@karachikhatmal) January 20, 2022