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Women protection laws in pakistan, Study Guides, Projects, Research of Law

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2020/2021

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Topic: “Women Protection Laws in Pakistan”
CAPITAL UNIVERSITY OF SCIENCE AND TECHNOLOGY
FINAL PROJECT REPORT
Course: Introduction to Law
Course Code: LAWP2003 (S1)
Submitted To: Sir Hafiz Muhammad Adnan
Submitted By: Farwa Aman (BSP201028), Muqqadas Saba
(BSP201002), Mutahra Arshad (BSP201006), Urooba Ikram
(BSP201048)
Date: December 21, 2020
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Topic: “Women Protection Laws in Pakistan”

CAPITAL UNIVERSITY OF SCIENCE AND TECHNOLOGY

FINAL PROJECT REPORT

Course: Introduction to Law

Course Code: LAWP2003 (S1)

Submitted To: Sir Hafiz Muhammad Adnan

Submitted By: Farwa Aman (BSP201028), Muqqadas Saba

(BSP201002), Mutahra Arshad (BSP201006), Urooba Ikram

(BSP2010 48 )

Date: December 21, 2020

Topic: “Women Protection Laws in Pakistan”

“WOMEN PROTECTION LAWS IN PAKISTAN”

HARASSMENT:

“Any unwelcome sexual advance, request for sexual favor or other verbal or written communication or physical conduct of a sexual nature or sexually demeaning attitudes, causing interference with work performance or creating intimidating, hostile or offensive work environment, or the attempt to punish the complainant for refusal to comply with such request or is made a condition for employment”

HISTORY:

During the time the process of women's enlightenment and empowerment that was initiated during the Musharraf rule remained in progress. The struggle of women activists that began soon after Pakistan's formation and gained momentum after the declaration of discriminatory laws of the Zia era saw the dawn of democratic and enlightened Pakistan’s women, where the reconciliation process began. While Pakistan still has a long way to go in the process of creating a democratic and safe state for women and the implementation of human rights in its true sense. The protection of women's rights by legal amendments flourished in 2006 with the implementation of the Women's Protection Law. The Security of Women Act was the product of continuous demand from women's organizations and commissions at the national and international level.

Topic: “Women Protection Laws in Pakistan” I. RACIAL HARASSMENT: Because of race and ethnicity, an employee may be harassed. Explicit slurs about their unique characteristics of a certain ethnicity (hair type, hair color, nose shape, etc.) Disrespecting their culture is also a form of racial harassment, displaying disgust. II. SEXUALITY-BASED HARASSMENT An employee can be harassed because of their sexuality. Employees that have sexual orientations like heterosexual, homosexual, bisexual, asexual, etc. may experience this form of harassment. III. AGE-BASED HARASSMENT The age-based discrimination in the workplace may be viewed as an employee of mature age who is working in a company with a younger work force, or a young trainee or apprentice who is made fun of practical jokes and who is not invited to social events and meetings. For example: Bullying trainees. IV. DISABILITY-BASED HARASSMENT Harassing or discriminating against an employee based on their physical or mental disability.

2. HARASSMENT BASED ON RELIGION

Showing hatred, disgust and disrespect to fellow employees because of their religion or religious beliefs. For example: Managers not granting leave or half-day to Muslim employees on a religious holiday such as Eid-ul-Fitr.

3. PERSONAL HARASSMENT:

Personal harassment does not depend on any protective clauses. Personal harassment includes bullying, ostracizing, shunning, and other forms of uncivil conduct.

4. PHYSICAL HARASSMENT:

Any type of behavior involving physical attacks or threats is considered physical harassment.

Topic: “Women Protection Laws in Pakistan” Common behaviors that constitute as physical harassment include direct threats of intent to inflict harm, physical attacks (hitting, shoving, kicking), threatening behavior (shaking fists angrily), destroying property to intimidate.

5. POWER HARASSMENT:

Power harassment occurs when there is a misuse of power in the hierarchy of the management team. Making it impossible to meet deadlines, asking for unnecessary work edits, demanding work that is below the capacity of the employee are the most common behaviors. For example, A team leader gives a 2-hour long, non-urgent task to an employee 30 minutes before he/she is about to leave and asks them to get it done as a matter of urgency.

6. PSYCHOLOGICAL HARASSMENT:

Any kind of workplace activity, which causes a rational person to experience mental distress, this abuse is invisible and is hard to see and understand. Popular actions include: isolating an employee, belittling his/her feelings, spreading gossip, criticizing everything they say or questioning it. For example: Never considering what that person has to say in the meeting, even when he makes valid points.

7. SEXUAL HARASSMENT:

Unwelcomed offensive and humiliating behavior that is sexual in nature. Sexual harassment can be direct, indirect, verbal, non-verbal, and not always physical in nature.

Topic: “Women Protection Laws in Pakistan”

  1. You can also launch a formal complaint to your supervisor or inquiry committee through your supervisor, CBA (union) nominee or worker representative (in case of absence of union),
  2. For filing a formal complaint, you have three options:
  3. Either report the incident to Inquiry Committee, constituted within your organization (Section 4)
  4. Report directly to Federal/Provincial Ombudsman, appointed under this act (Section 8)
  5. Report directly to Police (under Section 509 of PPC)
  6. It is better to initiate complaint inside your organization.
  7. If you are not satisfied with decision of inquiry committee and competent authority (of your organization), you can appeal to Ombudsman or a District Court (in case, Ombudsmen are not appointed)
  8. If you are still aggrieved by decision of Ombudsman/District Court, you can make a representation to President or Governor for justice.

WORKPLACE HARASSMENT:

Each organization shall constitute an Inquiry Committee to enquire into complaints under Harassment Act 2010 Pakistan. The Committee shall consist of three members of whom at least one member shall be a woman. One member shall be from senior management and one shall be a senior representative of the employees or a senior employee where there is no CBA. One or more members can be co-opted from outside the organization if the organization is unable to designate three members from within as described above. A Chairperson shall be designated from amongst them. In case a complaint is made against one of the members of the Inquiry Committee that member should be replaced by another for that particular case. Such member may be from within or outside the organization.

FILING COMPLAINT AGAINST EMPLOYER (HOW TO PURSUE ISSUE):

  • Write down the details of the incident including the date, time and location, and the names of possible witnesses.

Topic: “Women Protection Laws in Pakistan”

  • Keep evidence of the harassment, especially if the harassment occurs through text messages and emails.
  • Report the incident to your human resource department and your supervisor; and ask that the harassment report is documented in your employee file.

PROCEDURE FOR HOLDING INQUIRY:

1. The Inquiry Committee, within three days of receipt of a written complaint, shall– a. Communicate to the accused the charges and statement of allegations leveled against him, the formal written receipt of which will be given. b. Require the accused within seven days from the day the charge is communicated to him to submit a written defense and on his failure to do so without reasonable cause, the Committee shall proceed ex-parte and c. Enquire into the charge and may examine such oral or documentary evidence in support of the charge or in defense of the accused as the Committee may consider necessary and each party shall be entitled to cross-examine the witnesses against him. 2. Subject to the provisions of this Act and any rules made thereunder the Inquiry Committee shall have power to regulate its own procedure for conducting inquiry and for the fixing place and time of its sitting. 3. The following provisions inter alia shall be followed by the Committee in relation to inquiry: a. The statements and other evidence acquired in the inquiry process shall be considered as confidential. b. An officer in an organization, if considered necessary, may be nominated to provide advice and assistance to each party. c. Both parties, the complainant, and the accused, shall have the right to be represented or accompanied by a Collective Bargaining Agent representative, a friend, or a colleague. d. Adverse action shall not be taken against the complainant or the witnesses.

Topic: “Women Protection Laws in Pakistan”

7. In case the complainant is in trauma the organization will arrange for psycho-social counseling or medical treatment and for additional medical leave. 8. The organization may also offer compensation to the complainant in case of loss of salary or other damages.

ADVANTAGES AND DISADVANTAGES OF HARASSMENT ACT:

ADVANTAGES:
1. BENEFITS THROUGH COMPLAINS WITH HARASSMENT ACT:

According to survey report it shows after the implementation of harassment act 45% workplaces are safer now and 95% quote enhance awareness of the act.

2. GOT SUPPORT FROM SOCIAL MEDIA: Media create so much awareness, and people now become active on social media that they post any event immediately. Thus, an environment created of zero tolerance about any type of harassment. 3. EMPOWER WOMEN: Women are much important for our society as they are core element to drive the country and more than half population of Pakistan consists of females. Harassment act and other laws that gives privileges to women, empower women so that they can perform better role in society free from many types of fear. DISADVANTAGES:

  • Women are much important for our society as they are core element to drive the country and more than half population of Pakistan consists of females. Although Women empowerment laws give huge protection to women, but some women exploit the position of women by using false “women card”.
  • Women empowerment is perfect thing, but what if some women twist or misuse it for their own purpose? The modern definition of so called “feminism” has ruined the real ideology behind the women empowerment laws. Many of groups and NGO’s preaching

Topic: “Women Protection Laws in Pakistan” “girl power” are just putting men down and their values in society while promoting female superiority.

  • If there is any case between men and women, they just get to side of women without knowing about two-sided story, no matter she is doing wrong. The laws for protection of women are just beneficial for women not for men. A very recent example of it is mentioned below: ➢ A college professor who was investigated for allegedly harassing a female student was never issued a formal letter of the outcome by the inquiry committee. Instead, he was verbally told that he has not been found guilty, and despite repeated requests for the letter, it was never issued, making it impossible for him to clear his name. He later committed suicide, as it impacted his marriage, family relations, and mental health. This suggests that workplace harassment policies have also failed to protect the rights of accused men and these laws are at risk of being applied to settle workplace jealousies.

HOW TO PERSUE COMPLETE PROCESS OF CYBER HARASSMENT?

CYBER HARASSMENT:

“Cyber harassment is form of harassment that takes place using electronic technology. Electronic technology includes devices and equipment such as cell phones, computers, tablets as well as communication tools including social media sites, text messages and websites.”

Topic: “Women Protection Laws in Pakistan”

PROCESS FOR COMPLAINING CYBER HARASSMENT:

With over 100 million users of smartphones in Pakistan, Pakistan has been included in the list of the fastest-growing countries that are using the internet which only opens the doors for the fact. That cyber bullying is increasing as well, yet there isn’t any legislation for cybercrimes in Pakistan. However, if someone is being bullied online or you are a victim yourself, here’s the process:

1. REGISTER A COMPLAINT THROUGH FIA: Simply write down your application (in English or in Urdu), narrate your complete problem, provide as many evidences, details as you can and send it to FIA National Response Center for Cyber Crimes (NR3C). 2. INTERNET CRIME COMPLAINS CENTER (FEDERAL BUREAU OF INVESTIGATION): The IC3 accepts online Internet crime complaints from either the actual victim or from a third party to the complainant. The IC3's ability to process your complaint will be based upon the accuracy and completeness of the information provided. The required information include: victim’s name, address, telephone number and email.

Topic: “Women Protection Laws in Pakistan”

3. CITIZENS-POLICE LIAISON COMMITTEE The Citizens-Police Liaison Committee (CPLC) has set up a women complaint cell aimed at dealing with women harassment issues across the country. Complaints can be made on these numbers: 021-35662222, 021-35682222. 4. MADADGAAR NATIONAL HELPLINE: From psychological counseling to legal aid, this is the organization you should look up to for help. The cherry on top, it is cost-effective too. 5. DIGITAL RIGHT FOUNDATION (DRF) This is another cyber harassment helpline. Digital Rights Foundation envisions a place where all people, and especially women, are able to exercise their right of expression without being threatened. Digital Rights Foundation believes that a free internet with access to information and faultless privacy policies can encourage such a healthy and productive environment that would eventually help not only women, but the world at large. According to the Cyber Harassment Helpline’s one-year report published by Digital Rights Foundation (DRF), Punjab has emerged as the region with the greatest number of harassment cases being reported.

EFFECTS OF CYBER HARASSMENT:

Cyber harassment affects people from any age or walk of life, including children, teens and adults. Most commonly arising health related issues are following;

1. DISINTERESTED: When cyber bullying is ongoing, victims often relate to the world around them differently than others. For many, life can feel hopeless and meaningless. They lose interest in things they once enjoyed and spend less time interacting with family and friends. And, in some cases, depression and thoughts of suicide can set in.

2. DEPRESSION:

Victims of cyber harassment often fail to cope with anxiety, depression and other stress- related conditions. This occurs primarily because cyber bullying destroys their self-confidence

Topic: “Women Protection Laws in Pakistan”

2. PROTECT YOUR PASSWORD: Safeguard your password and all private information from curious peers. You don't want to give bullies the opportunity to post false/private/embarrassing information or pictures on your social media pages or send them to the whole school through email. 3. PAUSE BEFORE YOU POST: Don't post anything that can compromise your reputation. People will judge you based on how you appear to them online; bullies can use it as fuel. 4. NEVER OPEN MESSAGES FROM PEOPLE YOU DON'T KNOW: Delete all messages without reading them from people you don't know, as they could contain viruses and infect your computer. The same goes for messages from known bullies. It is best to not engage and ignore them.

LIST OF LAWS WHICH GIVES DIFFERENT PRIVILEGES TO WOMEN

IN PAKISTAN

1. National Commission on status of Women 2. Women in Distress and Detention Fund Act 2010 3. Prevention of Anti-Women Practices Act, 2011 4. The Acid Control and Acid Crime Prevention Act, 2011 5. The Domestic Violence Prevention and Protection Bill 2012 6. Criminal Law (Amendment) (Offense of Rape) Act 2016 7. Criminal Law (Amendment) (Offences in the name or pretext of Honor) Act, 2016 8. Prevention of Electronic Crimes Act, 2016 9. Hindu Marriage Act, 2017

1. NATIONAL COMMISSION ON STATUS OF WOMEN:

National Commission on Status of Ladies (NCSW) may be a Pakistani statutory body built up by the President Pervez Musharraf, beneath the XXVI Statute dated 17 July 2000. Mumtaz Rashidi. It is a result of the national and worldwide commitments of the Government of Pakistan like

Topic: “Women Protection Laws in Pakistan” Beijing Announcement and Stage for Activity, 1995 and 1998 National Arrange of Activity (NPA) for women, 1998. OBJECTIVE: The primary objective of the Commission is the liberation of women, equalization of opening and socio-economic conditions among women and men, and disposal of all sorts of segregation against women The most capacities of the Commission incorporate the examination of the approach, programs and other measures taken by the Pakistani Government for women's advancement and the audit of all arrangements, laws, rules and directions influencing the status and rights of ladies and sex correspondence in agreement with the Structure. Other center zones of the committee incorporate savagery against ladies and the needs of rural working women. MISSION: The NCSW was shaped with the purposeful of looking at arrangements, programs, and laws that influence women's advancement and sex uniformity. The commission endeavors to construct and keep up connections with NGO's and other specialists in arrange to viably ensure women's rights. NCSW primarily works and halls with legislators, parliamentarians, and other choice products for advancement of laws and controls pointed at enabling ladies within the social, financial, and political circles. HISTORY: In 2000, the official National Commission on the Status of Ladies was shaped through a presidential law. From 2000-2012 four commissions served out their terms and cycled through four diverse chairpersons. In 2013, the National Commission picked up authoritative and monetary independence and so the fifth commission was shaped. The commission is as of now on its 6th commission and will reestablish in November 2019. ESTABLISHMENT: The NCSW is composed of one Chairperson and thirteen free individuals, ideally ladies, two from each area, one each from FATA, AJK, Gilgit Baltistan and Islamabad Capital Domain, and one part from the devout minority communities, as well as agents of each common commissions

Topic: “Women Protection Laws in Pakistan” in trouble and detainment. This finance permits up to Rs. 10,000 for lawful help, safeguard and other back to the taking after categories of meriting women:

2. Deserving Ladies (Categories) Women in detainment for books, installment of stipend or ladies doled out educating occupations. 3. It too gives reserves to ladies in cases of extraordinary hardship for purposes of rehabilitation 4. Disabled LadiesDeserving ladies enduring from genuine afflictions counting mental afflic tion or who are in trouble and require therapeutic aid Burn cases. 5. Distressed ladies and their minor children in require of shelter Women truly abused by their husband’s Similar cases of grave distress 6. Legal help to women in detention or distress

3. PREVENTION OF ANTI-WOMEN PRACTICES ACT (2011)

The Anticipation of Anti-Women Hones (Criminal Law Correction) Act 2011 was passed by the National Gathering of Pakistan on Tuesday 15th November 2011 after much extraordinary exertion and campaigning by the women's development and the movers of the Charge, driven by Dr. Donya Aziz (PML- Q). This law denies a few harsh and biased traditions practiced towards ladies in Pakistan which are not as it were against the respect of Women, but too damage human rights and are opposite to Islamic Orders. These standard homes are utilized, particularly against women, in arrange in arrange to apply control over them, segregate against them, encroach upon their essential rights and to control them. The law has too always been controlled to miss these practices as 'crimes' and thus permitting culprits to go free. Standard hones that are criminalized beneath this Act include:

  • Giving a woman in marriage or something else in badla-e sulh, wanni or swara
  • Depriving ladies from acquiring property
  • Forced marriages Marriage with the Heavenly Quran

Topic: “Women Protection Laws in Pakistan” The “Prevention of Anti-Women Hones Act, 2011” revised Pakistan Corrective Code and Criminal Method Code as well by including an unused chapter to Pakistan Correctional Code to bring the disciplines into impact. SECTION 310-A Under section 310-A, there shall be punishment for giving a woman in marriage or otherwise in badla-e sulh, wanni or swara or any other custom or practice under any name in consideration of settling a civil dispute or a criminal liability, shall be punished with imprisonment of either description for a term which may extend to seven years but shall not be less than three years and shall also be liable to a fine of five hundred thousand rupees. SECTION 498A Under section 498 A, depriving women from inheriting property by deceitful or illegal means shall be punished with imprisonment which may extend to ten years but not be less than five years or with a fine of one million rupees or both. SECTION 498 B Under section 498 B, forced marriages are ten years maximum and three years minimum of jail term along with a fine of five hundred thousand rupees. SECTION 498 C Under section 498C, forcing, arranging, or facilitating a woman’s marriage with the Holy Quran is punishable with a jail term of maximum seven and minimum three years, along with a fine of five hundred thousand rupees.

4. THE ACID CONTROL AND ACID CRIME PREVENTION ACT 2011

BACKGROUND:

Acid throwing attacks are extremely violent crimes by which the perpetrators of the crime seek to inflict severe physical and mental suffering on their victims. This form of violence is often