SEXUAL HARASSMENT IN THE WORKPLACE: A PROPORTIONAL EXAMINATION OF RELEVANT LEGISLATION, WITH COMPARISONS TO TWO MAJOR ASIAN COUNTRIES: INDIA AND PAKISTAN

Abstract

Pakistan and India consider sexual harassment a negation of basic rights. Both countries have ratified the CEDAW and their relevant laws on sexual harassment are aligned with the 19th ILO recommendation. Both Pakistani and Indian laws rely on committees to investigate allegations of workplace harassment and formulated strategies along with principles to deal with sexual harassment at the workplace. The Pakistani formulation of committee, legal structure, and relief clauses varies from that of Indian law. Indian law empowers inquiry committees with the supremacies of a civil court. However, Pakistani law has a distinct institution, i.e., the Office of Ombudsman, imbedded with the authority of both a civil and a high court. The Inquiry Committee does not have the powers of a civil court to exclusively determine the issue at hand. The Inquiry committee works under the laws and regulations of the department concerned. Furthermore, Indian law is silent on the imposition of a penalty, as opposed to Pakistani harassment law. Rights of appeal are guaranteed under Pakistani law, while the India Act, 2013 is silent on provisions of forums. Keeping in view studies related to harassment laws, one can say that Inquiry Committees would defeat the very purpose of the Acts of both countries. Initial inquiries by inquiry committees are mostly tainted with injustice. Implementation entails conceptual clarification, indulgent consideration, and construction of the laws by the panel of the Inquiry Committee, mostly not proficient in law. Members on panels of inquiry committees’ effect pro and cons in controversy. This partiality at their end is not addressed under both Acts, hence necessitated reforms in the enacted laws of both states. Keywords Harassment at workplace Acts, Asian Countries, Redressal, Inquiry Committees, Legal actions and Legal articles