In a landmark judgement authored by Justice Ayesha Malik, the Supreme Court of Pakistan has ruled that gender-based discrimination at the workplace is tantamount to harassment as the relevant law is not just limited to sexual behavior.
The 14-page judgement of the top court said, “The purpose of harassment laws is to address gender-based discrimination at the workplace and not to limit it to sexual forms of harassment.”
The verdict was issued by a three-member bench of the apex court headed by Justice Yahya Afridi and comprising Justices Muhammad Ali Mazhar and Ayesha Malik, in a petition against a 2021 judgment of the SC about workplace harassment.
The verdict further stated that the law has a broad range of conduct and behavior that give rise to workplace-related problems with serious consequences, including gender inequality.
“Being an issue grounded in equal opportunity and equal treatment of men and women in matters of employment, sexual harassment in any form violates the dignity of a person as it is a demeaning practice that aims to reduce the dignity of an employee who has been forced to endure such conduct,” the verdict further said.
“Sexual harassment as gender-based discrimination is gender-based hostility, which creates a hostile work environment. It is a reflection of the unequal power relations between men and women which translates into a form of abuse exploitation and intimidation at the workplace which makes it a violation of a basic human right,” it added.
