Elephant in the room

Harassment is a real problem that affects thousands of women across the globe, yet it is not taken seriously by anyone including the victims. You! takes a look...

Sakina* is an educated, bold woman. She thought she would never face harassment but she was surprised when she was harassed at her work place by a senior colleague. She lashed out at him - thinking others would support her but it did not happen. No one came to support her - not even the women who made up a large section of the office employees.

Six months down, she was laid off without given any reason. She was just told that her services were no longer required which only added to the mystery since she saw less capable colleagues getting promotions and raises. It was only years later that she found out she had been punished for speaking out and confronting a habitual harasser at the workplace. Sadly, his actions were commonly known by almost everyone since he was famous for boasting about his acts with his victims very openly. Other women, who were harassed at the hands of this male colleague, never acknowledged that they have been harassed, at least not openly. But they whispered it among themselves and shut out anyone who threatened to go to the authorities to report him. Their reaction to a case of harassment was ‘deal with it’ or get sacked. The males didn’t speak up or do anything to stop him. He was safe and he knew it.

Harassment is a serious issue. However, most women have no idea what constitutes harassment and what to do or who to turn to when they are harassed. Men keep on harassing women in public places and it seems that this act is acceptable to all - as no one is courageous enough to ever speak up. These days, harassment has evolved and spilled into the cyber world. Now harassment can be done via Instagram, Whatsapp, SMS, and Email etc.

Khaula* has been a victim of cyber bullying. She had applied for a job at a reputable organization. She didn’t have much experience in the field but she was called in within weeks of applying. She was thrilled. Her CV had a picture of her on it. She was interviewed by a senior officer, who was the supervising officer of a large team comprising many females. He seemed to be a thorough gentleman and Khaula felt comfortable initially. A day after the interview she received a call from the organization instructing her to contact the officer. Khaula called thinking that she had been hired but the officer said he wanted to meet her - the meeting was to take place at a local expensive hotel. This sounded a bit fishy and Khaula made an excuse not to go to the meeting. Her refusal seemed to be a trigger. This did not deter him and he started sending her dirty jokes. Each time she ignored them but the messages became graphic and unbearable. She complained to a female friend who worked at the organization, who revealed that he had a reputation of a stalker. And at least two complaints had been lodged against him with the HR but the two women left their jobs and he was promoted. Khaula later opted not to work for the organization - no matter how prestigious it was.

The problem is that although harassment is a grave problem, there is little awareness or acceptance of its existence. Anyone who speaks out about harassment is usually attacked and given the burden to prove it. Victims of harassment usually keep quiet in fear of being the target of negative responses. And this is reinforced by the attitude of the society.

Recently, Pakistan saw a political worker of a political party accusing her leader of harassment via text messages. And she claimed that she had proof against the leader. Before it could be established that she was telling the truth or not; whether she had the proof or not we saw a huge backlash from all sides. Interestingly women were among those who were most vocal against her, making her case weak.

The voice against this young politician grew louder and began mocking her claim making it sound as if harassment was a none-issue and a waste of time. There were others who asked that acid be thrown on her for saying the leader had harassed her; still others demanded her house be demolished under one tradition or another. The most surprising demand was that she be brought in front of a local grand jirga to prove she was telling the truth, and if she was found lying she and her family would have to face dire consequences.

At this moment, the case remains suspended with the politician speaking too much in the media and making a mess of her own case, instead of taking serious steps to get justice. But whether she is telling the truth or not, the reaction from the majority reveals our attitude towards ‘harassment’ and crimes against women.

This reaction will only lead to more victims clamming up and in turn protecting the harassers to continue to prey on others. But the sad part is that there are many people - men and women - who have absolutely no idea what harassment is. There are people - mostly men - who believe that harassment does not exist and it is only a figment of women’s minds. This section of people believe that women create fuss about trivial things and overreact. Others say that if women venture out in public spheres, they should not complain about such things and learn to deal with them.

Meanwhile, still others - and this includes women - say that IF there is a thing called harassment why don’t more women talk about it, and since they don’t, this means harassment is only an imagined thing. And it is unfortunate  that victims do not reach out to support other victims, and allow them to face the pressure. This only helps in making the case against the harasser weaker and allowing them to go free each time.

Lack of awareness regarding harassment is one of the main reasons why victims keep getting abused and harassers continue to work. Workshops and seminars against harassment behind closed doors are useless if the message does not trickle to the masses. Harassment and other crimes against women and children should not be treated like the elephant in the room and should be acknowledged as a genuine issue. Otherwise laws will be ineffective if victims lack the courage and will to take action against these criminals.

Pakistan’s Protection Against Harassment of Women at Workplace (Amendment) Act, 2016 can’t be put into action until a case is reported and evidence provided. But such legal reprieves are useless and mainly unexplored and unused because victims of harassment do not know that they have the right to protection.

Such laws will not be able to gain footing unless there is widespread awareness about harassment and what things come under this. Awareness about harassment laws will not only help victims to get justice but will also teach society that this is a very real and serious offence that has legal consequences. And maybe eventually anyone raising the topic of harassment will be taken more seriously and allowed to present their case without facing bigotry.

*Names have been changed to retain privacy.

 

What the law states!

Pakistan’s Protection Against Harassment of Women at Workplace (Amendment) Act, 2016:

The Constitution of Pakistan recognizes the right to dignity of person. This law is based on the principles of equal opportunity for men and women and their right to earn livelihood without the fear of disc             rimination. The Protection Against Harassment of Women at Workplace Act, 2010 is also in line with Pakistan’s commitment to high international labour standards and empowerment of women. However, in definition of ‘Workplace’, there is ambiguity in the scope of word ‘organization’. This amendment Act seeks to remove the said ambiguity and to widen the scope of term organization, so that the law may apply to all organizations where women are employed. This amendment Act strives to provide protection to the women employed in different government and private sector organizations.

In the Protection Against Harassment of Women at Workplace Act, 2010 (IV of 2010), in section 2, in paragraph (n), it was mentioned that ‘workplace’ means the place of work or the premises where an organization or employer operates and includes building, factory, open area or a larger geographical area where the activities of the organization or of employer are carried out and including any situation that is linked to official work or official activity outside the office.

However, in Pakistan’s Protection Against Harassment of Women at Workplace (Amendment) Act, 2016 a slight change has been made: After the words “activities of the organization” the words “including but not limited to educational and medical institutions” have been inserted.

- Courtesy:

 www.senate.gov.pk