The Supreme Court of Pakistan has mandated that every educational institution must implement a clear internal harassment policy, establish effective reporting and inquiry mechanisms, and enforce strict disciplinary action against offenders. This directive was issued while restoring the punishment of a male teacher found guilty of harassing a female colleague.
Judgment Details and Restoration of Punishment
In a 12-page judgment authored by Justice Muhammad Ali Mazhar, the Supreme Court overturned a decision by the Punjab Service Tribunal that had reduced the teacher's punishment. The court emphasized that institutions must not wait for decisions from the Federal Ombudsperson or Provincial Ombudsman before taking departmental action in harassment cases.
Requirement for Internal Harassment Policies
The judgment noted: "In order to ensure a foolproof and healthy environment at the workplace, even in all the institutions where both male and female teachers are inducted and perform their duties, there must be an internal clear-headed harassment policy with a proper reporting system to the high-ups, including the head of the educational institution, so that a fair investigation may be conducted against the delinquent."
The court further stated: "If the allegation is proved after due process of law, then disciplinary action may be taken against any such person who was found indulging in such nefarious and immoral activities, which should be done independently at departmental level and must not always be based or found awaiting the outcome of the decision if any rendered by the Federal Ombudsperson or Provincial Ombudsman for protection against harassment of women at the workplace."
Responsibilities of Educational Institution Heads
A division bench headed by Justice Muhammad Ali Mazhar observed that the head of every educational institution bears a heavy responsibility to ensure a workplace where sexual harassment is unequivocally unacceptable, and professionalism remains the governing standard. The court directed that copies of the judgment be sent to the federal secretary for education, the chief secretaries, the provincial secretaries of school and higher education, the Federal Ombudsperson, and all provincial ombudspersons to strengthen measures to eliminate sexual harassment in government and private educational institutions.
Enforcement of Code of Conduct
The court stressed strict enforcement of the Code of Conduct for Protection against Harassment of Women at the Workplace, framed under Sections 2(c) and 11 of the Protection against Harassment of Women at the Workplace Act, 2010. Furthermore, the court directed that the Ministry of Education at federal and provincial levels issue office orders or circulars to all persons in command of government and private educational institutions to display the Code of Conduct in English and other vernacular languages at conspicuous places. They must also constitute an in-house Inquiry Committee, as mandated in the law, in every government and private educational institution to deal with harassment cases.
