The primary legal framework addressing workplace harassment in Pakistan is the Protection Against Harassment of Women at the Workplace Act, 2010. The Act initially defined "harassment" as any unwelcome sexual advance, request for sexual favors, or other verbal, written, or physical conduct of a sexual nature or sexually demeaning attitude that interferes with work performance or creates an intimidating, hostile, or offensive work environment. It also encompassed attempts to penalise the complainant for refusing to comply with such requests or making compliance a condition of employment.
Following the 2022 amendment, the definition of harassment was expanded to explicitly include unwelcome sexual advances, requests for sexual favors, stalking or cyberstalking, and verbal, visual, or written communication, along with physical conduct of a sexual nature or sexually demeaning attitude. Additionally, the amendment acknowledged gender-based discrimination, whether sexual or not, as a manifestation of a prejudicial mindset leading to discriminatory behavior.
In the landmark case Nadia Naz vs. State, Justice Ayesha Malik clarified that the term "sexual" in this context encompasses both gender-based and sensual connotations. She emphasised that harassment aims to degrade and demean individuals through exploitation, humiliation, and hostility, thereby constituting gender-based harassment. It includes unwanted sexual advances and coercion, escalating into workplace harassment when it disrupts work performance, fosters a hostile environment, or penalises refusal to comply with inappropriate demands. Such conduct constitutes sex-based discrimination, adversely affecting both the workplace environment and the victim's professional performance.
Justice Malik emphasised that sexual harassment is not primarily about sexual attraction but rather about reinforcing imbalanced gender power structures within a patriarchal society. This perspective recognises that any form of gender-based harassment, including situations where male victims are disregarded or not taken seriously, qualifies as sexual harassment and is legally punishable. Section 2(e) of the Act defines the complainant as "any person," thereby extending legal protection to men, transgender individuals, and other marginalised groups under the Act.
Workplace cultures that discourage complaints and implicitly support perpetrators serve to embolden harassers while silencing victims
Pakistan is a signatory to several international human rights instruments, including the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), ILO Conventions 100 and 111 on workers’ rights, and the Universal Declaration of Human Rights. These international commitments obligate Pakistan to uphold workplace protection laws; however, enforcement remains inadequate. Apart from this Act, Section 509 of the Pakistan Penal Code, 1860, criminalises actions that insult modesty or constitute sexual harassment in workplaces and public spaces. Violations carry penalties of up to three years of imprisonment, a fine of up to five hundred thousand rupees, or both.
Despite the existence of legal safeguards, implementation remains a critical challenge. Organisations are mandated to adopt a Code of Conduct to address workplace harassment, establish an Inquiry Committee (as required under Section 3 of the Act), and designate a Competent Authority. However, in Pakistan, a significant portion of businesses operate in the undocumented sector, where such policies and mechanisms are virtually nonexistent.
Institutional resistance and power asymmetry frequently result in retaliation against victims, particularly when the accused holds a senior position. Those who file complaints often encounter dismissive responses such as "This is nothing," "It is not a big deal," "You will face worse in your career," or "Ignore it, or your career will suffer." If a complainant persists, organisations may resort to character assassination and unrelated accusations to shield the perpetrator and preserve their institutional reputation. Workplace cultures that discourage complaints and implicitly support perpetrators serve to embolden harassers while silencing victims.
In workplaces where structured career progression programs exist, such as internships, training programs, or promotions, employers may exploit their authority by threatening to withhold experience letters, recommendations, or advancement opportunities to coerce victims into silence. This issue is particularly concerning in male-dominated industries, where hierarchical structures already place women and marginalised employees at a disadvantage.
Addressing workplace harassment requires rigorous enforcement of existing laws, mandatory compliance with internal complaint mechanisms, widespread awareness campaigns, education on workplace rights, and robust protections for victims and whistleblowers. Additionally, stronger monitoring frameworks and external oversight are essential to ensuring that organisations adhere to harassment laws rather than concealing violations to safeguard their reputation. Without effectively tackling the power asymmetry that underlies workplace harassment, such misconduct will continue to be trivialised, allowing perpetrators to operate with impunity.
A fundamental shift in organisational culture, legal enforcement, and societal attitudes is imperative to fostering a safe and equitable work environment for all employees, irrespective of gender.