Despite govt senators’ opposition: Senate passes Maternity, Paternity Leave Bill, 2018

ISLAMABAD: The Senate on Monday passed the Maternity and Paternity Leave Bill, 2018, which makes it mandatory for employers to grant six-months paid maternity leave and three-months paid paternity leave.

It was moved by PPP Senator Quratulain Marri. According to the proposed law, the leaves policy will be applicable in both public and private establishments in the federal capital territory. The bill was passed with a majority of votes, even as government senators opposed the move. It will now be sent to the National Assembly for deliberations and consideration, where the government enjoyed majority.

It says, “The employees of every establishment shall be provided six-month paid maternity and three-months paternity leave as and when applied by employees, separately from their leave account, commencing from the date as applied by the applicant in the application and supported by a medical certificate.”

Besides, the bill also provides for additional three-month maternity leave and one-month paternity leave, both of which would be unpaid. The provision for paternity leave seeks to provide fathers the opportunity to be there at a crucial time without the added responsibility of the workplace and that the early close relationship between father and child has long-term implications.

Speaking on the occasion, Senator Marri lamented that female employees weren’t given maternity leave in the public sector and revealed that even in the Senate women were told not to produce so many children.

Minister for Economic Affairs Hammad Azhar opposed the bill and said that there was already a law to give 90-day maternity leave to female employees, while male government employees could avail 48-day leaves in a year. He suggested lowering the number of paternity leaves to 15 days, adding that nowhere in the world was there a provision for these many paternity leaves.

Earlier, the Senate Monday for the third time could not adopt a key constitutional amendment bill, (as the House lacked the required a two-thirds majority), envisaging establishment of 10 more high court benches in the four provinces for dealing with pending cases and delay in litigation.

However, this time, Chairman Senate Muhammad Sadiq Sanjrani asked the Senate Secretariat to write separately to each senator to ensure presence next Monday for the passage of the bill, which seeks an amendment to Article 198 of the Constitution, was tabled by Pakistan Muslim League-Nawaz Senator Muhammad Javed Abbasi as a private member’s bill in the Senate on April 29, last year, and Chairman Sadiq Sanjrani had referred it to the House Standing Committee on Law and Justice despite, having been opposed by the government.

The bill has been on the agenda of the sittings on the previous two Mondays, being the private members day, but the House could not take it up due to the lack of required numbers. The report of the committee was laid before the Senate by Javed Abbasi in September.

Before the chair gave directions to the secretariat, Senator Abbasi contended that the bill was very important and people desperately awaited its passage in view of massive load on existing courts and the area-factor was also very important.

The proposed piece of legislation seeks setting up of four new high court benches in Punjab and two each in Sindh, Khyber Pakhtunkhwa as well as Balochistan. At the time of tabling the bill in the Senate, PML-N Senator had explained he was presenting the bill in the light of the demand of the lawyers from all over the country and that the demand was made by the representatives of various bars, during their appearance before the committee.

The Senate, through a unanimous resolution, expressed its deepest dismay and shock on the vicious and contemptuous act of burning and desecrating the Holy Quran in Norway by the member of SIAN, a right wing Islamophobic Norwegian group which has shocked the Muslims around the world. The Senate of Pakistan strongly condemns this act for being hateful, vicious, and contrary to the principles of international law laid down in several instruments including the UN General Assembly Resolution No 36/55 of 25 November 1981, Article 18 of the International Covenant on Civil and Political Rights, Article 18 of the Universal Declaration of Human Rights, the European Court of Human Rights & European Guidelines on Freedom of Religion & Belief, the General Assembly Resolution 56/6 of 9 November 2001 on the Global Agenda for Dialogue among Civilizations and the Resolution of UN Commission on Human Rights.

“The House considers that this viciously irresponsible act of the members of the infamous SIAN is calculated to harm interfaith harmony, communal peace, religious tolerance and ultimately global peace and tranquility,” it said.

The Senate of Pakistan resolves to stand for upholding the globally recognised principles highlighted above and expresses the collective will of State and people of Pakistan against the vicious act of desecration of the Holy Quran by the members of SIAN and other Islamophobes.

Therefore, the Senate of Pakistan:

1. Urges the Muslims to stay calm and refuse to be intimidated by the hate-mongering Islamophobes, and spread Islam's message of peace, tolerance and universal brotherhood;

2. Calls upon the government of Pakistan:

i) To summon the Ambassador of Norway and convey the sense of shock and anguish felt by the people of Pakistan against the act of SIAN; ii) To impress upon the Norwegian authorities for taking lawful action against those who desecrated the Holy Quran in Oslo on 19th November, 2019; iii) To direct its diplomatic staff in Norway to provide appropriate legal and moral assistance to the Muslims who have been arrested in the incident; and iv) To use all political and diplomatic channels to ensure that such incidents are not repeated in the UN members States.”

Earlier, Senator Usman Khan Kakar of Pakhtunkhwa Milli Awami Party and the National Party’s Senator Mir Hasil Khan Bizenjo criticised the rounding up of Pakhtun Tahafuz Movement (PTM) leader Manzoor Pashteen and called for his immediate release, saying it could lead to unrest and provoke the youth in Khyber Pakhtunkhwa and Balochistan.

Kakar reminded the House, all including incumbent Prime Minister Imran Khan had supported the demands of PTM as well as the army chief. He added PTM had always adopted non-violent way for acceptance of its demands. He wanted all political parties to demand Pashteen’s release same day.

Senator Bizenjo believed PTM emerged after the violence, unleashed in ex-Fata areas and it had people from PTI, PPP and the National Party. He regretted that previously PTM members Mohsin Dawar and Ali Wazir were arrested and kept in confinement for a year after nothing concrete could be proved against the movement.

Senators from across the aisle expressed their anguish and pain over the alleged non-payment of salaries to media persons of different media organisations and urged for settling this matter once and for all, as journalist fraternity staged token walk-out from the Senate Press Gallery.

Minister for Parliamentary Affairs Ali Muhammad Khan and several senators from the treasury and opposition, went to the Press Lounge to listen to their grievances. Fateha was also offered for Capital TV cameraman Fayyaz Ali, who reportedly died on being terminated from service after non-payment of his salary for the last several months.

Senator Faisal Javed Khan of PTI, who heads the Senate standing committee on information, also was present at the Press Lounge and after returning to the House, he assured to take up this matter and said four representatives from the media bodies would also be invited to the meeting, to be held Wednesday. The chair wanted the committee to find a solution to this issue and report back to the House within a week.

The House also offered Fateha for those, who lost their lives in the recent earthquake in Turkey and sympathised with the bereaved families.

The matter was raised by Leader of Opposition Raja Muhammad Zafarul Haq. Federal Minister for Parliamentary Affairs Muhammad Azam Swati said the entire nation was with the people of Turkey and was ready to help them during this difficult time. He made mention of how Turkey had supported Pakistan in 2005, following the massive earthquake.

Meanwhile, joint opposition in the Senate Monday rejected the National Coastal Development Authority as a blatant meddling in the provincial affairs and a bid to usurp their resources.

Senators, mainly from the opposition benches, took part in a discussion, held on a motion, moved by the National Party Senator Mir Kabir Muhammad Shahi regarding the National Coastal Development Authority. They thumped desks when the ruling PTI Senator Mohsin Aziz also supported the motion and said there must be deliberations on certain bodies, which tantamount to interference in the domain of provinces.

Senators Mir Kabir, Sirajul Haq, Maulana Abdul Ghafoor Haideri, Maulana Fzi Muhammad, Maula Bux Chandio, Gayan Chand, Dr. Sikandar Mahndro, Abdul Qayyum and Javed Abbasi spoke on the matter strongly opposed the authority, being in contravention to the concept of the 18th Amendment.

Senator Mohsin proposed formation a panel to see how and where the rights of the Centre and the provinces were being mixed up, marring the spirit of the amendment and the federation so that the Centre and the provinces should focus on their respective functions. They contended that the federal government had already formed ministries with new nomenclatures to continue holding them despite having been devolved under the landmark amendment and these included the Ministry of Education, Health and Tourism.

Opposition senators pointed out that both Balochistan and Sindh had their respective coastal areas development bodies and the one established by the Centre had no justification whatsoever.

Senator Mir Kabir even vowed to move the courts, if the federal govt did not pack the authority up. They insisted the federal government as per policy of tourism promotion, could facilitate the provinces and extend expertise and services.

Federal Minister for Parliamentary Affairs Muhammad Azam Swati said the authority had its meeting in August last year and the government of Balochistan had informed about the related legislation being done and a master plan regarding the coastal areas was also being thrashed out.

The minister added that under the 18th Amendment, it was the provinces right to draw up master plan and the federal government would extend help to the provinces, if and when needed, as the centre wanted to support them.

The House unanimously adopted two resolutions; one was moved by MQM-Pakistan Senator Khushbakht Shujaat and the other one by Mirza Muhammad Afridi.

Senator Kushbakht’s resolution says, “The House recommends that the biographies of all the martyrs, who have been awarded Nishan-e-Haider may be included in the curriculum of all the educational institutions in the country.

The other resolution paid tributes to the legendary and popular poet late Ahmad Faraz, being a great poet of the country, who rendered invaluable contributions for the country and gave message of love, harmony and peace through his poetry. “The legendary poet will always be remembered with love and respect,” it says.