The Supreme Court has issued a landmark judgement declaring workplace harassment a major cause of gender inequality and emphasizing the need for stronger protections.
In a written verdict authored by Justice Mansoor Ali Shah, the court ruled that a safe working environment is a constitutional right for all men, women, and transgender individuals. The judgement highlighted Pakistan's low ranking -- 145th out of 146 countries -- in the Global Gender Gap Index, underscoring the challenges faced by women in the workforce.
The ruling against harassment in offices came as the court dismissed an appeal by a driver who was forcibly retired following a complaint by a female doctor. The driver was accused of character assassination against the doctor.
The Supreme Court noted that harassment is not just an individual issue but a systemic problem and a major cause of gender inequality that limits women’s participation in the workforce and widens the economic gap. The judgement also referenced the US Supreme Court's stance, which considers a hostage-like environment as a form of harassment.
The court acknowledged Pakistan’s existing legal framework, specifically the 2010 Act against workplace harassment, but stressed the need for further measures to address the issue effectively.
A key concern raised in the ruling was Pakistan’s failure to ratify the International Labour Organization’s (ILO) Violence and Harassment Convention, which sets global standards for preventing workplace harassment. The court stated that adopting this convention would reinforce Pakistan’s constitutional guarantees of dignity, equality, and non-discrimination.
In response, the Supreme Court directed that a copy of the judgement be sent to the attorney general, urging him to take up the matter of ratifying the ILO convention with the relevant authorities.
