Law: Protection Against Harassment of Women at Workplace Act, 2010

Section: 2(b), 2(h), 3(iii), 8, 11

Law: Constitution of Pakistan, 1973

Section: 13(a),14, 25(2), 34, 37(e)

Summary

The Supreme Court declined leave to appeal against the Islamabad High Court's dismissal of a petition challenging the findings of the Federal Ombudsperson and the President on harassment allegations against a clinical instructor. The Court upheld the statutory procedure under the Protection against Harassment of Women at the Workplace Act, 2010 (as amended), emphasizing that harassment in educational and clinical settings breaches fiduciary duties and institutional trust. The judgment highlighted the need to extend protections effectively to informal workers, especially in rural areas, and issued detailed directions to federal and provincial authorities to enhance enforcement, accessibility, and awareness under constitutional guarantees and international standards.

Core Points

• Petitioner was found guilty of harassment by the Federal Ombudsperson; penalty included removal and compensation.
• The departmental inquiry was invalidly constituted; fresh inquiry was lawful and did not violate double jeopardy protections.
• Sexual harassment definitions and obligations clarified, emphasizing fiduciary duties in education and clinical supervision.
• The Act's scope expanded to include formal and informal workers, but protections lag in agricultural and informal sectors.
• The judgment stresses constitutional dignity, anti-discrimination provisions, and international treaty obligations.
• Directions issued for legislative amendments, establishment of harassment protection cells, mobile complaint units, specialized police training, and educational institution compliance.
• Anonymity of complainant and privacy protections mandated in all public reports and proceedings.
• The concurrent factual findings of lower forums were upheld as lawful and not perverse or unsupported.

Law and Sections 

JUDGMENT