THIS is with reference to the article ‘All about power’ (March 1), which cited a recent Supreme Court judgement in a workplace harassment case, decided against the appellant, who was a driver.
He was engaged in persistent acts of misconduct, and the ombudsperson had ordered compulsory retirement after an inquiry. The write-up lamented that despite the enlargement of the scope of the Protection Against Harassment of Women At Workplace Act, 2010, through an amendment in 2022, its enforcement has remained weak.
The prime responsibility for implem-entation of the Act remains with the organisation where the incident of hara-ssment takes place or is alleged to have taken place. An aggrieved woman is reluctant to narrate her ordeal in front of the inquiry committee comprising three members, formed under the Act, and the accused person.
According to the said Act, at least one member of the committee shall be a woman, one member shall be from the senior management, and one shall be a senior representative of the employees where there is no collective bargaining agent (CBA) union.
The process of conducting the inquiry is the same as is followed by the organ-isation in other cases of misconduct. Despite the different nature of harassment cases and the sensitivities involved, both the complainant as well as the accused are required to record their respective statements before the inquiry committee, and they are subject to cross-examination by the opposing party.
In other cases of misconduct, the accused may nominate any worker within the same establishment for assistance during the inquiry. However, in harassment cases, the accused has the right to be represented or accompanied by a CBA representative, a friend or a colleague. A woman in our society would often hesitate to even disclose such an incident to her friends or family out of a genuine fear of getting defamed or ridiculed. How can one expect her to narrate the happening before a number of men, including an outside friend of the accused, and then also answer their questions?
It is necessary to keep the complainant and the accused separate from each other. The complainant should only be inquired and questioned by the female member of the committee and the same process be followed by male members for inte-
rrogating the accused. The accused should be allowed to read the statement given by the complainant, and convey any questions to her in writing. At the conclusion of the inquiry, all committee members may get together to discuss their findings with each other, and then with the competent authority, appointed under the Act, to take the final decision.
Parvez Rahim
Karachi
Published in Dawn, March 5th, 2025
