 Harassment at workplace and particularly that of women is not just a national issue, in fact it is a global issue, therefore it was felt or rather it was necessitated to realise its significance, its importance and to bring it into the fold of legislation. Therefore legislation against you know protection of women against harassment act came into this country for the first time in year 2010 and it was then improved and a revised version came in the year 2022. The protection against harassment of women act which came in 2010 was actually passed in the parliament on 11th March 2010. This act sets up the procedure to file a complaint for sexual harassment in workplace. This particular act made sure for the first time that harassment at workplace would be subject to zero tolerance. Now there is this protection against harassment of women act 2010 defined harassment as any unwelcome sexual advance, any request for a sexual favour or any other verbal or written communication of physical conduct of a sexual nature or a sexually demeaning attitude which causes interference with an individual's work performance or creates an intimidating hostile or offensive work environment. Sexual harassment as defined by this act is also an attempt to punish the complainant for refusal to comply to such a request or is made a condition for employment. The above is unacceptable behaviour in the organisation and at the workplace including in any interaction or situation that is linked to official work or official activity outside the office. The protection against harassment of women act at workplace its amendments as time passes and things need you know continuous quality improvement. So an improvement in this protection against harassment of women act which was promulgated in 2010 was brought about on 25th January 2022. The act was amended by the Parliament of Pakistan. The definition of harassment was changed and the act further included any former employee who has been removed or dismissed from service or has resigned and a parent or a guardian where the complainant is a minor. The definition of harassment in 2022 was keeping in mind the you know the changing demands of the word given that a lot of digital media given that social media had come in and that had become a norm of our life. So the definition of harassment as compared to the act in 2010 it needed to be changed in the year 2022. Harassment was now defined in addition to what was originally defined harassment was now defined as any unwelcome sexual advance request for sexual favour stalking or cyber stalking or other verbal visual or written communication of physical conduct of a sexual nature or a sexually demeaning attitude including any gesture or expression conveying derogatory connotation causing interference with work performance or creating an intimidating hostile or offensive work environment. As well as the attempt to punish the complainant for refusal to comply to such a request or has made a condition for employment. Furthermore the harassment act which was revised in the year 2022 now also included gender discrimination in it for the first time. The act said the discrimination on basis of gender which may or may not be sexual in nature but which may embody a discriminatory and prejudicial mindset or notion and results in a discriminatory behaviour on basis of gender against the complainant was now also included in this harassment act which was improved in the year 2022. This inclusion of gender discrimination in the act in the year 2022 was indeed a groundbreaking step because very often at times the harassment which of course has several types that harassment is at times just on the basis of gender. The reason for this is that the society is demeaned or is not given their due right just because let's say you know they are a woman or in some cases just because they are a man and in this harassment need not be of a sexual nature but just on the basis of your mere gender you know you are denied certain opportunities, certain privileges, certain rights to employment. Therefore this was a groundbreaking step that in year 2022 in addition to sexual harassment the Protection Against Harassment Act. Further the act outlines the procedure for filing a complaint as well as holding an enquiry. So if a complaint is filed under this act the enquiry committee is bound or that within three days of receipt of a written complaint it will communicate to the accused the charges and statement of allegations level against him. The formal written receipt of which will be obtained from the accused. Then secondly under the enquiry committee under this act will require the accused within seven days from the day the charge is communicated to him to submit a written defence and on his failure to do so without reasonable cause the committee shall proceed ex parte. Further under this act the committee will inquire into the charge and may examine such oral or documentary evidence in support of the charge or in defence of the accused as the committee may consider necessary and each party shall be entitled to cross examine the witness against him. Moving on with the with what the enquiry committee can do if a complaint is filed against this act the enquiry committee shall submit its findings and recommendations to the competent authority within 30 days of the initiation of the enquiry. This strict time bound actually makes sure that you know the justice is served within time. Now if the enquiry committee finds the accused to be guilty it shall recommend to the competent authority for imposing one or more of the approved penalty. Now the penalties under this act can either be minor or they can be major based on the nature of the offence. The minor penalties may include censure which means a warning it could include withholding for a certain period of time a promotion or an increment it could include stoppage for a certain period of time at an efficiency bar in the time scale otherwise than for unfitness to cross such bar further a minor penalty can also include recovery of the compensation payable to the complainant from the salary or other sources of income of the accused. Now if the nature of offence is deemed to be highly offensive or worthy of a major penalty the major penalty could include reduction to a lower post or time scale or to a lower stage in a time scale it could include a compulsory retirement it could include removal from service it can include dismissal from service or it can also include fine a part of the fine can further be used as compensation for the complainant. In case of the owner the fine shall be payable to the complainant. Now as this act provides individuals protection from any kind of workplace harassment it is also made sure that this act is not misused so let's say if a certain person is wrongly you know accused under this act and they are then let's say punished or if they do not agree with the punishment that has been prescribed from them a certain procedure exists through which an appeal can be made against the minor or the major penalty. Any party agreed by the decision of the competent authority on whom minor or major penalty is imposed may within 30 days of written communication of decision prefer an appeal to an ombuds person established under section 7 further the person who has let's say received a minor or major penalty agreed by the decision of the competent authority may also you know prefer appeal within 30 days of the decision to the ombuds person. Now this also now this actually protects both parties if the accused feels that they have been wrongly given the penalty they may follow this route and similarly if the complainant feels that a correct amount of penalty has not been imposed they also may follow this route of filing an appeal. The appellate authority may on consideration of the appeal and any other relevant material confirm set aside vary or modify the decision within 30 days in respect to which such appeal is made it shall communicate the decision to both the parties as well as the employer. Now we are going to look at the role of an ombuds person the respective government has appointed an ombuds person at the federal and at the provincial levels an ombuds person shall be qualified to be a person will be qualified to be appointed as an ombuds person who has been a judge of the high court or qualified to be appointed as a judge of the high court the ombuds person may recruit such staff as required to achieve the purposes of this act and the finances will be provided by the respective governments. Further as how the inquiry proceeds with the ombuds person there is also details of that given in this particular act an employee shall have the option to prefer a complaint either to the ombuds person or the inquiry committee the ombuds person shall within three days of receiving a complaint issue a written show cause notice to the accused the accused after the receipt of the written notice shall submit written defense to the ombuds person within five days and is failure to do so without reasonable cause the ombuds person may proceed ex parte both the parties can represent themselves before the ombuds person the ombuds person shall conduct an inquiry into the matter according to the rules which are made under this act and conduct proceedings as the ombuds person deems fit now for the purpose of the investigation the ombuds person may require any office or member of an organization concerned to furnish any information or to produce any document which in the opinion of the ombuds person is relevant and helpful in the conduct of the investigation the ombuds person shall record his decision and inform both parties and the management of the concert or concerned organization for the implementation of the orders finally any person who is agreed by a decision of the ombuds person now this includes both the complainant as well as the accused if anyone amongst them is not satisfied by the decision of the ombuds person they may within 30 days of decision make a representation with the president or the governor as the case may be who may pass such order there on as he may deem fit now this particular protection against harassment act 2010 and its subsequent improvement in 2022 has to a very large degree provided a certain protection to both genders and in particularly to women at workplace and is indeed a breakthrough step