The Supreme Court has delivered a landmark ruling, identifying workplace harassment as a key factor contributing to gender inequality and calling for stronger protections.
In a written judgment by Justice Mansoor Ali Shah, the court emphasized that a safe working environment is a constitutional right for all individuals, including men, women, and transgender persons. The verdict also highlighted Pakistan’s poor ranking—145th out of 146 countries—on the Global Gender Gap Index, reflecting the significant challenges women face in the workplace.
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The ruling stemmed from the dismissal of an appeal by a driver who was forcibly retired after a female doctor accused him of character assassination. The Supreme Court upheld the decision, reinforcing that harassment is not just a personal issue but a systemic problem that restricts women’s workforce participation and deepens economic disparities. The court also referenced the U.S. Supreme Court’s stance, which classifies a hostile work environment as a form of harassment.
While acknowledging Pakistan’s existing legal framework, particularly the 2010 workplace harassment law, the court stressed the need for additional measures to effectively address the issue.
A significant concern raised in the ruling was Pakistan’s failure to ratify the International Labour Organization’s (ILO) Violence and Harassment Convention, which sets international standards for preventing workplace harassment. The court asserted that adopting this convention would strengthen Pakistan’s constitutional commitments to dignity, equality, and non-discrimination.
The Supreme Court has instructed that a copy of the judgment be sent to the attorney general, urging him to push for the convention’s ratification with the relevant authorities.
