ISLAMABAD:
The Supreme Court emphasized the need for every educational institution to adopt a clear internal policy on harassment, establish effective reporting and investigation mechanisms and apply strict disciplinary measures against offenders, 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 SC overturned a Punjab Military Court ruling that had reduced the sentence awarded to the teacher.
The Court ruled that institutions must not wait for decisions from the Federal Ombudsman or the Provincial Ombudsman before taking ministerial action in cases of harassment.
The judgment underlines that to ensure a foolproof and healthy working environment, even in all institutions where teachers are inducted and perform their duties, there must be a clear internal policy on harassment, with a proper reporting system to senior officials, including the head of the educational institution, so that a fair investigation can be conducted against the offender.
“If the allegation is proven after due legal process, then disciplinary action may be taken against any person who indulges in such nefarious and immoral activities. Such action should be taken independently at the departmental level and should not always be substantiated or found pending the outcome of the decision, if any, made by the Federal Ombudsman or the Provincial Ombudsman for Protection against Harassment of Women at the Workplace.”
A division bench headed by Justice Muhammad Ali Mazhar observed that the head of every educational institution bears the heavy responsibility of ensuring a workplace where sexual harassment is unequivocally unacceptable and professionalism remains the prevailing norm.
The court ordered that copies of the judgment be sent to the federal education secretary, chief secretaries, provincial school and higher education secretaries, federal ombudsman and all provincial ombudsmen to strengthen measures to eliminate sexual harassment in public and private educational institutions.
He highlighted the strict implementation of the Code of Conduct for Protection against Harassment of Women at the Workplace, formulated in sections 2(c) and 11 of the Protection against Harassment of Women at the Workplace Act, 2010.
“Further, instructions should have been issued by an order/circular from the Ministry of Education (federal and provincial) to all persons heading 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 issue instructions to constitute an internal ‘Investigation Committee’ as mandated by law in every government and private educational institution to process cases.
