ISLAMABAD:
The Supreme Court has emphasized the need for each educational institution to adopt a clear internal harassment policy, establish effective complaint and investigation mechanisms and apply strict disciplinary measures against violators, while reinstating the punishment of a teacher found guilty of harassing a female colleague.
In a 12-page judgment written by Justice Muhammad Ali Mazhar, the Supreme Court overturned a Punjab Service Court decision that had reduced the teacher’s punishment.
The court held that institutions should not wait for decisions from the Federal Ombudsman or the Provincial Ombudsman before taking departmental action in harassment cases.
The judgment noted that to ensure a foolproof and healthy environment at the workplace, including in all institutions where both male and female teachers are admitted and perform their duties, there must be a clear internal harassment policy with a proper reporting system to the higher ups, including the principal of the educational institution, so that a fair investigation can be carried out against the offender.
“If the allegation is proven after due process of law, then disciplinary action may be taken against any person found involved in such nefarious and immoral activities, which should be done independently at the departmental level and should not always be based on or pending the outcome of the decision, if any, issued by the Federal Ombudsman or the Provincial Ombudsman for protection against harassment of women in the workplace.”
A division bench headed by Justice Muhammad Ali Mazhar observed that the principal of every educational institution has a great responsibility to ensure a workplace where sexual harassment is unequivocally unacceptable and professionalism remains the guiding standard.
The court ordered that copies of the judgment be sent to the federal secretary of education, principal secretaries, provincial secretaries of school and higher education, federal ombudsman and all provincial ombudsmen to strengthen measures to eliminate sexual harassment in government and private educational institutions.
She stressed the strict implementation of the Code of Conduct for Protection against Harassment of Women at Workplace, framed under Sections 2(c) and 11 of the Protection against Harassment of Women at Workplace Act, 2010.
“Further, the Ministry of Education (federal and provincial) should have issued directions through an order or office circular to all persons in charge of government and private educational institutions to display the copy of the Code of Conduct for Protection against Harassment of Women at Workplace in English and other vernacular languages at conspicuous places and also issued directions to constitute an internal ‘inquiry committee’, as required by law, in every government and private educational institution to deal with the cases.”
