| Case ID |
03fd6fbc-a93d-4b41-a5ac-4a2ffef7a31e |
| Body |
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| Case Number |
Civil Petition No. 4570 of 2019 |
| Decision Date |
Jul 05, 2021 |
| Hearing Date |
Sep 22, 2020 |
| Decision |
The Supreme Court ruled that the definition of harassment under the Protection against Harassment of Women at the Workplace Act, 2010 is limited to conduct of a sexual nature. It clarified that other forms of harassment, regardless of their impact, are not actionable under the Act unless they exhibit sexual intent. The court emphasized that the Federal Ombudsman lacks jurisdiction to reinstate individuals or intervene in disciplinary matters that do not fall under the specific sexual harassment definition provided in the Act. The decision upheld the dismissal of the petitioner's claims regarding harassment and reinstatement, reiterating that the petitioner failed to prove any actionable harassment as defined by the law. |
| Summary |
This case revolves around the interpretation of the Protection against Harassment of Women at the Workplace Act, 2010, specifically the definition of harassment as laid out in Section 2(h). The Supreme Court of Pakistan determined that harassment, for legal purposes, is confined to sexual conduct and does not encompass other forms of workplace misconduct unless they are inherently sexual in nature. The court highlighted the responsibility of the aggrieved party to demonstrate that the behavior exhibited by the alleged harasser was motivated by sexual intent. The ruling clarified the limitations of the Federal Ombudsman regarding jurisdiction over disciplinary actions, emphasizing that such matters must be addressed through appropriate channels outside the scope of the 2010 Act. The decision has significant implications for workplace harassment claims, potentially limiting the scope of protections available to individuals facing non-sexual forms of harassment in the workplace. This case is crucial for understanding the legal framework surrounding workplace harassment in Pakistan and raises important questions about the adequacy of protections for all forms of harassment, not just those of a sexual nature. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUSHIR ALAM,
YAHYA AFRIDI,
QAZI MUHAMMAD AMIN AHMED
|
| Lawyers |
Nadeem A. Sh,
Agha Muhammad Ali,
M. Sharif Janjua,
M. Nazeer Jawad,
Syed Rifaqat Hussain Shah
|
| Petitioners |
NADIA NAZ
|
| Respondents |
THE PRESIDENT OF ISLAMIC REPUBLIC OF PAKISTAN AND OTHERS
|
| Citations |
2021 SLD 2363,
2021 PLD 784
|
| Other Citations |
2020 PLC (C.S.) 186
|
| Laws Involved |
Protection against Harassment of Women at the Workplace Act
|
| Sections |
2(h),
4(4),
8
|