Categories Courts

President upholds major penalty upon woman harasser

President Dr Arif Alvi Saturday upheld Askari Bank Limited (ABL) Departmental Harassment Committee and Federal Ombudsman for Protection against Harassment of Women at Workplace (FOSPAH) decision awarding major penalty of “dismissal from service” imposed upon a bank manager after he was found guilty of the charges of sexually harassing a female colleague at workplace.

The President rejected representation filed by Muhammad Munir Akhtar (the accused), a former employee of the ABL, against decision of the FOSPAH saying the incidents narrated in the complaint against the accused, when juxtaposed with the evidence, established the guilt of the accused for the charges of harassment, the President Secretariat Press Wing said in a press release on Saturday.
In his decision, he observed that the accused had duly admitted the allegations about calls, text messages, and denial to hand over her ATM card to the complainant deliberately. President Alvi said that the accused had admitted that he called and sent messages to the complainant and did not give her ATM card due to the reasons best known to him despite the fact that he was required to hand it over to the complainant. “Facts admitted need not be proved”, he added.
As per details, a female employee of ABL (the complainant) had filed a harassment complaint under section 8 of the Protection against Harassment of Women at the Workplace Act 2010 against the accused within the departmental hierarchy of ABL stating that she was harassed by the branch staff of the ABL, Hassanabdal. According to her, the accused Muhammad Munir Akhtar, Bank Manager along with his friend had made it difficult for her to work in the branch by creating an offensive workplace environment.
She alleged that the accused had forced her to go with his friend and after she was transferred to another branch, when she went to collect her card from the Hassanabdal branch, she was verbally abused by the accused and he refused to hand over her ATM card.
The Departmental Harassment Committee probed into her allegations and, after inquiry, concluded that the accused was involved in harassment and was accordingly dismissed from service.
The accused filed an appeal with FOSPAH, which was dismissed, after which, he filed a representation with the president.
President Alvi wrote that workplace harassment could have very serious consequences for the women who experience it as a harassed woman risked losing her job or the chance for a promotion, if she refused to give in to the unethical demands of someone in authority.
“The unwelcome conduct of co-workers makes the working conditions hostile and unpleasant, putting indirect pressure on her to leave the job”, he added. He remarked that sometimes a woman employee was so traumatized by the harassment that she suffered serious emotional and physical consequences and became unable to perform her job properly.
“The workplace harassment has a cumulative and demoralizing effect that discourages women from asserting themselves within the workplace while among men”, he concluded.
The president highlighted that the main objective of the Protection against Harassment of Women at Workplace Act 2010 was to create a safe working environment for women, free of harassment, abuse and intimidation with a view toward fulfillment of their right to work with dignity. “Harassment is one of the biggest hurdles faced by working women preventing many who want to work to get themselves and their families out of poverty”, he stated.
President Alvi underscored that the Act was built on the principles of equal opportunity for men and women and their right to earn a livelihood without fear of discrimination as stipulated in the Constitution. He held that the Act also adhered to the principles of Islam and all other religions in our country which assure women’s dignity. The president concluded that there seemed to be no reason for the complainant to file a false complaint against the accused when there existed no previous grudge, ill-will or malice.

 

Author

Khudayar Mohla, Managing Partner Mohla & Mohla, Founder of the Law Today Pakistan,

Managing Partner at Mohla & Mohla - Advocates and Legal Consultants, Islamabad, Founder of The Law Today Pakistan (TLTP) Newswire Service. Former President Press Association of Supreme Court of Pakistan with over two decades of coverage of defining judicial moments - including the dissolution and restoration of Chief Justice Iftikhar Muhammad Chaudhry, Asif Ali Zardari NAB cases, Syed Yousaf Raza Gillani contempt proceedings, Panama Papers case against Mian Nawaz Sharif, matters involving Imran Khan, and the high treason trial of former Army Chief and President Pervez Musharraf. He now practises law and teaches Jurisprudence, International Law, Civil and Criminal Law. Can be reached at: mohla@lawtoday.com.pk

More From Author

Leave a Reply

Your email address will not be published. Required fields are marked *

You May Also Like

Imran Khan defamation case, Rs10 billion defamation suit, Shehbaz Sharif defamation case, Supreme Court Pakistan, SC bench defamation, Justice Miangul Hassan Aurangzeb, PTI founder defamation, Lahore High Court order, Punjab government impleaded, Defamation Ordinance 2002, review petition Supreme Court, right of defence closed, Justice Muhammad Hashim Khan Kakar, Panama Papers bribe allegation, defamation cases six months, SC defamation appeals, trial court Lahore, Justice Ayesha Malik bench, defamation proceedings stayed, PTI legal battle

Defamation Cases Must Be Decided Within Six Months, Says SC Judge

ISLAMABAD: While hearing set of appeals relating to defamation matter on Tuesday top court Justice…

Chief Justice Yahya Afridi, judicial reforms Pakistan, Supreme Court reform session, Reform Action Plan RAP, death penalty cases reduction, case pendency Supreme Court, court digitization Pakistan, e-courts Pakistan, Federal Ombudsman Naveed Kamran Baloch, Law and Justice Commission Pakistan, Federal Judicial Academy, alternative dispute resolution Pakistan, case management Supreme Court, KPIs judiciary Pakistan, e-payment court fees, Public Facilitation Centre Supreme Court, barcoding file tracking, death sentence appeals Pakistan, SC case disposal rate, transparency justice system Pakistan, Khudayar Mohla

All Remaining Death Sentence Appeals to Be Fixed for Hearing Within 30 Days: SC

ISLAMABAD : Chief Justice of Pakistan, Justice Yahya Afridi on Tuesday chaired the tenth interactive…

Khudayar Mohla, Sindh High Court, SHC Karachi, Federal Investigation Agency, FIA Pakistan, Pest Management Services (Private) Limited, Methyl Bromide import, illegal Indian imports, Justice Adnan Iqbal Chaudhry, Justice Abdul Mobeen Lakho, Enquiry No. ENQ-ACC-KHI-1/26, Imports and Exports (Control) Act 1950, Federal Investigation Agency Act 1974, Agricultural Pesticides Ordinance 1971, Section 160 CrPC, writ petition dismissal, jurisdictional challenge, forged import permits, trade with India, Anti-Corruption Circle Karachi, pesticide import regulations, chemical smuggling investigation, Paras Ali Lodhi, Saddam Hussain Chang, Shazia Hanjra Deputy Attorney General, Department of Plant Protection, Pakistan trade law, industrial chemical enquiry.

SHC Upholds FIA Jurisdiction in Probe into Prohibited Chemical Imports

KARACHI: While dismissing a plea seeking directives against the Federal Investigation Agency (FIA), a division…