Workplace Harassment is a Systemic Power Issue, not merely an Individual Misconduct Case --- Supreme Court of Pakistan 

Islamabad 21-02-2025: In a landmark decision, the Supreme Court of Pakistan has dismissed a petition challenging the Ombudsperson Punjab’s ruling in a workplace harassment case, reinforcing the country’s commitment to eliminating gender-based discrimination in professional settings. The apex Court upheld the Lahore High Court’s earlier decision, emphasizing that workplace harassment is a systemic power issue, not merely an individual misconduct case.

The case, [C.P.L.A No. 2541/2023], stemmed from a Complaint filed by a female doctor, against her driver, under the Protection against Harassment of Women at the Workplace Act, 2010. The allegations included verbal abuse, character assassination, and unauthorized video recording of a medical procedure, which was later disseminated to tarnish her reputation.

The Ombudsperson Punjab found the petitioner guilty of harassment under Section 2(h) of the 2010 Act and imposed the major penalty of compulsory retirement from service under Section 4(4)(ii). The Petitioner’s representation before the Governor of Punjab and subsequent writ petition before the Lahore High Court were both dismissed, leading to the present appeal before the Supreme Court of Pakistan.

The Court, led by Mr. Justice Syed Mansoor Ali Shah and Mr. Justice Aqeel Ahmed Abbasi, delivered a strongly-worded judgment, underscoring the widespread prevalence of workplace harassment and its impact on gender equality. The ruling highlighted that:  

1. Workplace harassment is a power struggle, not an act of sexual interest.  
2. Pakistan ranks 145th out of 146 countries in gender equality, indicating systemic discrimination against women in workplaces (Global Gender Gap Index 2024).  
3. Harassment can occur even when the perpetrator holds a lower hierarchical position, as gendered social norms reinforce male dominance.   
4. The 2010 Act and its 2022 Amendment have significantly expanded protections, now covering freelancers, domestic workers, and transgender persons.  

The Court referenced several international judgments to reinforce the decision, including:  

1. Meritor Savings Bank Vs. Vinson (U.S. Supreme Court, 1986): Recognized workplace harassment as sex-based discrimination.  
2. Vishaka Vs. State of Rajasthan (Indian Supreme Court, 1997): Defined workplace harassment as a violation of fundamental rights.  
3. Carmichele Vs. Minister of Safety and Security (South African Constitutional Court, 2001): Established the state’s duty to prevent gender-based violence.  

After reviewing the Ombudsperson’s findings and the Lahore High Court’s judgment, the Supreme Court of Pakistan found no legal or procedural irregularities. The petition was dismissed, with the Court reaffirming that Pakistan’s legal framework on workplace harassment must align with international standards.  

Notably, the Court recommended that Pakistan ratify the ILO Violence and Harassment Convention No. 190, which sets global standards for eliminating workplace harassment. A copy of the judgment has been sent to the Attorney-General for Pakistan for further consideration on this matter.

Powered by Froala Editor