HARASSMENT
OF WOMEN …. A NATIONAL CONCERN
By:
DR.
SAIYID KHUSRO IQBAL
Harassment is defined as an
act of systematic and or continued unwanted and annoying actions of one party
or a group, including threats and demands. The purposes may vary, including
racial prejudice, personal malice, attempting to force someone to quit a job or
grant sexual favors, apply illegal pressure to collect a bill, or merely gain
sadistic pleasure from making someone fearful or anxious.
It covers a wide
range of behaviors of an offensive nature like disturbing people distastefully,
saying or doing unpleasant things etc. It is commonly understood as behavior
intended to disturb or upset, and it is characteristically repetitive. In the
legal sense, it is intentional behavior which is found threatening or
disturbing. Harassment is a word that describes any kind of
ongoing torment. At school, harassment is often known as bullying. In the
workplace, employees need to be careful about sexual harassment.
Harassment,
torture humiliation and exploitation of women are as old as is the history of
family life. In South East Asia, women are way behind of women elsewhere
including Africa, or Far and Middle East Asia or
In
South East Asia, including
Surprisingly,
female victims of crime and violence have not been given much attention in
books of social problems or in literature on criminal violence. The attitude of
indifference and negligence is primarily the result of general acceptance of
man's superiority over woman because of which many violent acts like domestic
violence, sexual harassment, discrimination etc committed against women have
not been viewed by society as violent or illegal acts.
It
is also the result of denial of violence by women themselves due to their
religious values and social attitudes. It is only recently that the issue of
crime against women has been transformed from a private issue into a public problem.
In
our society, violence is bursting. It is present almost everywhere and nowhere
is this eruption more intense than right behind the doors of our homes. Behind
closed doors of homes all across our country, women are being tortured, beaten
and sometimes killed. It is happening in rural areas, towns, cities and in
metropolitans as well. It is crossing all social classes, genders, racial lines
and age groups. It is becoming a legacy being passed on from one generation to
another.
The
term used to describe this exploding problem of violence within our homes is
Domestic Violence. This violence has a tendency to explode in various forms
such as physical, sexual or emotional. Since times immemorial, domestic
violence has been an intrinsic part of the society we are living in. The
contributing factors could be the desire to gain control over another family
member, the desire to exploit someone for personal benefits, the flare to be in
a commanding position all the time showcasing one’s supremacy so on and so forth.
On various occasions, psychological problems and social influence also add to
the vehemence.
Types
of Harassment
Following are various types of
Harassment which the frail segment of society including women usually face:
Domestic
Harassment
This
form of domestic violence against women is most common of all. One of the
reasons for it being so prevalent is the orthodox and idiotic mindset of the
society that women are physically and emotionally weaker than the males. Though
women today have proved themselves in almost every field of life affirming that
they are no less than men, the reports of violence against them are much larger
in number than against men. The possible reasons are many and are diversified
over the length and breadth of the country. According to United Nation
Population Fund Report, around two-third of married Pakistani women are victims
of domestic violence and as many as 70 per cent of married women in Pakistan
between the age of 15 and 49 are victims of beating, rape or forced sex. In
The
most common causes for women stalking and battering include dissatisfaction
with the dowry and exploiting women for more of it, arguing with the partner,
refusing to have sex with him, neglecting children, going out of home without
telling the partner, not cooking properly or on time, indulging in extra
marital affairs, not looking after in-laws etc. In some cases infertility in
females also leads to their assault by the family members. The greed for dowry,
desire for a male child and alcoholism of the spouse are major factors of
domestic violence against women in rural areas. There have been gruesome
reports of young bride being burnt alive or subjected to continuous harassment
for not bringing home the amount of demanded dowry. Women in
In
urban areas there are many more factors which lead to differences in the
beginning and later take the shape of domestic violence. These include – more
income of a working woman than her partner, her absence in the house till late
night, abusing and neglecting in-laws, being more forward socially etc. Working
women are quite often subjected to assaults and coercion sex by employees of
the organization. At times, it could be voluntary for a better pay and
designation in the office.
Violence
against young widows has also been on a rise in
Also
as expressed by Rebecca J. Burns in the following lines, “When I am asked why a
woman doesn’t leave abuser I say: Women stay because the fear of leaving is
greater than the fear of staying and when the fear of staying will be greater
than the fear of leaving then they will leave.” A common Pakistani house wife
has a tendency to bear the harassment she is subjected to by her husband and
the family. One reason could be to prevent the children from undergoing the
hardships if she separates from the spouse. Also the traditional and orthodox
mindset makes them bear the sufferings without any protest.
Other
forms of physical abuse against women include slapping, punching, grabbing,
burdening them with drudgery, public humiliation and the neglect of their
health problems. Some of the other forms of psychological torment against them
could be curtailment of their rights to self-expression and curbing the freedom
to associate with the natal family and friends.
Mobile Harassment
Mobile
harassment refers to the sending any type of text message, sext message, photo
message, video message, or voicemail from a mobile phone that threatens,
torments, humiliates the recipient of these messages. It is a form of cyber
bullying. It also includes the use of a cell phone to “persuade, induce,
entice, coerce, or facilitate the travel of, the minor to engage in prohibited
physical conduct.
Online Harassment
This
relates to a person's "use a computer or computer network to communicate
obscene, vulgar, profane, lewd, lascivious, or indecent language, or make any
suggestion or proposal of an obscene nature, or threaten any illegal or immoral
act,"
The
extent to which these communications are unlawful varies greatly between
countries, and even within nations. It is a sensitive area in which the Courts
can become involved in arbitrating between groups with strong beliefs.
Whereas
content may be offensive in a non-specific way, harassment directs obscenities
and derogatory comments at specific individuals focusing for example on gender,
race, religion, nationality, sexual orientation. This often occurs in chat
rooms, through newsgroups, and by sending hate e-mail to interested parties Any
electronic comment that may be found derogatory or offensive is considered
harassment.
Whereas
in the response to harassment is considered a self-defense mechanism by the
person being bullied or harassed by those of another race or perceived
difference from the individual that is pervasive and associated to the reason
being harassed.
Police Harassment
This
includes unfair treatment conducted by law officials, including but not limited
to excessive force, profiling, threats, coercion, and racial, ethnic,
religious, gender, sexual, age, or other forms of discrimination.
Police misconduct
refers to inappropriate or illegal actions taken by police officers in
connection with their official duties. Police misconduct can lead to a
miscarriage of justice and sometimes involves discrimination or obstruction of
justice. In an effort to control police misconduct, there is an accelerating
trend for civilian agencies to go beyond review to engage directly in investigations
and to have much greater input into disciplinary decisions. With the
proliferation of mobile devices capable of recording alleged misconduct,
existing eavesdropping laws in some jurisdictions are being leveraged to
prosecute civilians, while in other circumstances police will illegally seize
or delete evidence.
Types of
misconduct include false confession, false arrest, false evidence, false
imprisonment, intimidation, police brutality, police corruption, racial
profiling, surveillance abuse, witness tampering and off-duty misconduct.
Others include:
·
Noble
cause corruption, where the officer believes the good outcomes justify bad
behavior
·
Selective
enforcement (knowledge and allowances of violations by friends, family and or
acquaintances unreported)
·
Abuses
of power (using badge or other ID to gain entry into concerts, to get
discounts, etc.)
·
Police
perjury (blatant lying under oath and or to other authorities to cover
wrongdoing)
·
Influence
of drugs and or alcohol while on duty
·
Violations
by officers of police procedural policies
There is a
popular view that police officers share a 'code of silence' and do not turn
each other in for misconduct. While some officers have called this code a myth.
Power
Harassment
Power
harassment is nuisance or unwelcome attention of a political nature, often
occurring in the environment of a workplace including hospitals, schools and
universities. It includes a range of behavior from mild irritation and
annoyances to serious abuses which can even involve forced activity beyond the
boundaries of the job description. Power harassment is considered a form of
illegal discrimination and is a form of political and psychological abuse, and
bullying.
Many workers are
forced by their superiors to perform tasks outside of their job description and
working hours. It is common for workers to be fired or suffer severe
repercussions if they do not satisfy their superior's orders, despite there
being no justifiable basis for such orders. Situations exist where employees
are treated in a manner that far oversteps the bounds of what is proper between
a boss and his or her workers. Someone in a position of power should never be
allowed to exercise the power in a bullying or discriminatory fashion. This can
create an unhappy and unsafe work environment not just for those being harassed
but for the entire work force. Typical examples of power harassment include:
1.
being
scolded in front of other colleagues, rebuked in a loud voice
2.
Being
neglected for rewards and recognition
3.
Victim
of false evaluation and or demotion.
Political
Harassment
Political
harassment is defined as the act or series of acts of pressure, threats,
harassment or persecution, committed by a person or group of persons directly
or through a third party against a political candidate who is either elected or
incumbent and is in the exercise of a public or political function.
Furthermore, exerting pressure on the candidate’s family to prevent the
candidate - by act or omission - from discharging itsr rights and duties is
also covered by such harassment.
The
definition of political violence also encompasses actions, conduct or assault
causing bodily harm, psychological or sexual abuse against a woman or her
family aimed at preventing her from or restricting her in exercising her duties
or causing her to take decisions against her will, principles or the law.
Political
harassment can include:
·
Offensive
jokes
·
Ridicule
·
Display
of offensive material
·
Defamation
·
Derogatory
remarks
·
Propaganda
·
Gossip
or eavesdrops
·
etc
Harassment
on the Grounds of Disability
Harassment
may be based on the fact that a person has a physical or mental impairment,
learning difficulty or disfigurement. This can include:
·
offensive
or patronizing language
·
offensive
or patronizing action or behavior
·
jokes
or inappropriate comments
·
questions
which cause offence to the individual or group of individuals concerned
·
display
of offensive material
Bullying
Bullying may be
characterized as offensive, intimidating, malicious or insulting behavior, an
abuse or misuse of power through means intended to undermine, humiliate,
denigrate or injure the recipient. Examples of bullying could be:
·
abuse
of power or authority
·
verbal,
written and or physical intimidation e.g. threats, derisory remarks
·
persistent
unjustified criticism
·
public
humiliation
·
the
setting of impossible deadlines or intolerable workload burdens
·
having
responsibilities or decision-making powers withdrawn without good reason or
explanation
·
unwarranted
exclusions
Vigorous speech
and comment, academic debate and legitimate management of the performance of
staff or students can be distinguished from bullying behaviour. However
care should be taken to ensure that neither staff nor students are made to feel
intimidated.
Harassment on the Grounds of Age
Ageism can affect anybody regardless of
how old they are. Harassment on the grounds of age may include:
·
assumptions
regarding the individual's inability to learn
·
offensive
remarks
·
exclusion
on the basis of age
Harassment on the Grounds of Gender
Re-assignment
It includes:
·
suggestive
remarks or sounds
·
unwanted
comments on dress and appearance
·
verbal
threats
·
threatening
physical contacts
·
exclusion
on the basis of gender reassignment
·
ogling
causing irritation
Psychological
harassment
This is humiliating, intimidating or
abusive behavior which is often difficult to detect leaving no evidence other
than victim reports or complaints. This characteristically lowers a person’s
self-esteem or causes them torment. This can take the form of verbal comments,
engineered episodes of intimidation, aggressive actions or repeated gestures.
Falling into this category is workplace harassment by individuals or groups
mobbing.
Community based
harassment
This includes the stalking by a group
against individual using repeated distractions that the individual is
sensitized to.
To setup their
targets, Community Stalkers use a technique called Neuro-Linguistic-Programming
(NLP). It's a way of conditioning the mind to notice 'triggers' in the
environment. These triggers can be shapes, objects, colors, behaviors or
sounds. Most importantly, Community Stalkers condition the minds of their
victims to develop anxiety upon seeing or hearing these triggers. The end result of a successful such
harassment campaign is psychological damage. Anything from a nervous breakdown
to suicide. Some individuals become highly agitated and violent. Ultimately
they may end up in jail. Either way the Community Stalkers are happy. They
essentially 'kill' a person without pulling the trigger. And they get off
scot-free. It's the perfect crime.
Racial harassment
This includes the
targeting of an individual because of their race or ethnicity. The harassment
may include words, deeds, and actions that are specifically designed to make
the target feel degraded due to their race or ethnicity, color, nationality,
citizenship, or ethnic or national origins, which is directed at an individual
or group and which is found to be offensive or objectionable to recipients and
which creates an intimidating, hostile or offensive environment. Such behavior
may include:
·
derogatory
name calling
·
insults
and racist jokes
·
display
of racially offensive material and abusive language
·
exclusion
from normal workplace conversation or activities
·
unfair
allocation of work
·
verbal
threats
·
physical
attack
·
incitement
of others to commit any such acts
Religious
harassment
Religious
Harassment is any behavior deliberate or otherwise, pertaining to religion,
religious belief or other similar philosophical belief and it is behaviour
which can be defined as unwanted conduct violating a person's dignity, or
creating an intimidating, hostile, degrading, humiliating or offensive
environment. Examples can include:
·
offensive
jokes
·
ridicule
·
display
of offensive material
Here
the verbal, psychological or physical harassment is used against targets
because they choose to practice a specific religion. Religious harassment can
also include forced and involuntary conversions.
Sexual harassment
Sexual harassment
is a form of sex discrimination that occurs in the workplace. The legal
definition of sexual harassment is “Unwelcome verbal, visual, or
physical conduct of a sexual nature that is severe or
pervasive and affects working conditions or creates a hostile work
environment.”
Sexual harassment
may be homosexual or heterosexual. It may be defined as any form of unwanted
verbal, non-verbal or physical conduct of a sexual nature that creates an
intimidating, hostile, degrading or offensive environment. It may include:
·
physical
contact
·
invasion
of personal space
·
suggestive
remarks or sounds
·
unwanted
comments on dress and appearance
·
jokes
of a sexual nature
·
display
of sexually offensive material
·
inappropriate
downloading of pornographic or sexually exploitive and degrading material by
computer
·
verbal
threats
It is important
to remember that sexual harassment can occur of women by men, men by women, and
also between members of the same sex. It can also refer to unwanted conduct
that is related to the sex of the other person.
This act of
harassment is any behavior deliberate or otherwise, pertaining to sexual
orientation.
Homophobia is a
term used to describe hatred and rejection of gays, lesbians and homosexuality.
It may be directed against individuals or groups of people who are, or are
thought to be lesbian, gay, bisexual or transgendered and is behavior which can
be defined as unwanted conduct violating a person’s dignity, or creating an
intimidating, hostile, degrading, humiliating or offensive environment.
Examples may include:
·
offensive
jokes
·
ridicule
·
verbal
threats
·
derogatory
comments
·
intrusive
questioning about a person's domestic circumstances
·
intimation
·
gossip
·
physical
attack
·
unfair
allocation of work
·
exclusion
from normal work place / class conversation or activities
·
incitement
of others to commit any such acts
This harassment can happen anywhere but
is most common at the workplace, social clubs, private jobs and schools. It
involves unwanted and unwelcome words, deeds, actions, gestures, symbols, or
behaviors of a sexual nature that make the target feel uncomfortable. Gender and
sexual orientation harassment fall into this family. Involving children,
"gay" or "homo" is a common insult falling into this
category. The main focus of groups working against sexual harassment is
protection for women, but protection for men is coming to light in recent
years.
Workplace harassment
Workplace harassment is:
·
the
offensive, belittling or threatening behavior directed at an individual worker
or a group of workers
·
the
odious dealing through pitiless, malevolent, hurtful or embarrassing attempts
to undermine an individual worker or groups of workers.
Recently, matters of workplace harassment
have gained interest among practitioners and researchers as it is becoming one
of the most sensitive areas of effective workplace management. In many
countries, it attracted lots of attention from researchers and governments
since the 1980s, because a significant source of work stress is associated with
aggressive behaviors at workplace. Third world countries are far behind to
combat this issue as they put limited efforts to investigate the questions on
workplace harassment. It is almost unseen and the executive leaders (managers)
are almost reluctant or unconscious about it in the third world countries
including
Protection
against Harassment of Women at the workplace Act, 2010:
To protect women
against such harassment at their workplace, Government of Pakistan has
implemented “Protection against Harassment of Women at the workplace Act, 2010”
in all organizations. Every organization is asked to make an internal committee
to work in this regard and to undertake the effective measures for
implementation of this act.
This
Act builds on the principles of equal opportunity for men and women and their
right to earn a livelihood without fear of discrimination as stipulated in the
Constitution. This Act also complies with the Government’s commitment to high
international labour standards and empowerment of women. It also adheres to the
Human Rights Declaration, the United Nation’s Convention for Elimination of all
forms of Discrimination against Women and ILO’s convention 100 and 111 on
workers’ rights. It adheres to the principles of Islam and all other religions
in our country which assure women’s dignity.
Provisions
made in the Protection against harassment of women at the workplace Act
requires all public and private organizations to adopt an internal Code of
Conduct; complain and appeals mechanism aimed at establishing a safe working
environment for working women. It shall be the responsibility of the employer
to ensure implementation of this Act, including but not limited to incorporate
the Code of Conduct as a part of their management policy. The management shall
display copies of Code of Conduct at the conspicuous place in the organization
and the workplace. On failure of an employer to comply with this provision the
employer shall be liable to fine which may extend to one hundred thousand
rupees but shall not be less than twenty-five thousand rupees.
Consequences
of Harassment:
There
are varied consequences of harassment depending on the victim, the age group,
the intensity of the violence and frequency of the torment they are subjected
to. Living under a constant fear, threat and humiliation are some of the
feelings developed in the minds of the victims as a consequence of an atrocious
violence. The consequences of the harassments in detail can be broadly
categorized under the effect on the victim himself / herself and the family;
effect on the society; and the effect on nation’s growth and productivity. The
‘Effect on the victim’ has been further subcategorized for women, men, children
and olds.
Battered
persons have tendency to remain quiet, agonized and emotionally disturbed after
the occurrence of the harassment. A psychological set back and trauma because
of the harassment affects victim’s productivity in all forms of life. The
suicide case of such victimized persons is also a deadly consequence and the
number of such cases is increasing.
Due
to workplace and or sexual harassments a working woman may drop out from work
place because of the ill-treatment at home or office, she may lose her
inefficiency in work. Her health may deteriorate if she is not well physically
and mentally. Some women leave their home immediately after first few atrocious
attacks and try to become self-dependent. Their survival becomes difficult and
painful when they have to work hard for earning two meals a day. Many such
women come under rescue of women welfare organizations like Women Welfare
Association of Pakistan (WWAP), Woman Welfare Association (WWA) and Woman’s
Emancipation and Development Trust (WEDT). Some of them who leave their homes
are forcefully involved in women trafficking and pornography. This results in acquiring
a higher risk of becoming a drug addict and suffering from HIV/AIDS. Some of
course do it by their choice.
One
of the severe effects of domestic violence against women is its effect on her
children. It is nature’s phenomenon that a child generally has a greater
attachment towards the mother for she is the one who gives birth. As long as
the violence subjected to the mother is hidden from the child, he/she may
behave normally at home. The day when mother’s grief and suffering is revealed,
a child may become upset about the happening deeply. Children may not even
comprehend the severity of the problem. They may turn silent, reserved and
express solace to the mother. When the violence against women is openly done in
front of them since their childhood, it may have a deeper and gruesome impact
in their mindset. They get used to such happenings at home, and have a tendency
to reciprocate the same in their lives. It’s common in especially in rural
homes in
In
cases of Intimate Partner Violence (IPV) against women leads them to maintain a
distance from their partner. Their sexual life is affected adversely. Many of
them file for divorce and seek separation which again affects the life of
children. Some continue to be exploited in lack of proper awareness of human
rights and laws of the constitution.
Effect
of Harassment on the society
All
the different forms of harassments discussed adversely affect the society.
Violence against women may keep them locked in homes succumbing to the torture
they face. If they come out in open and reveal the wrong done to them for help
and rescue. When something of this kind happens in the society, few families
may witness the evil of harassments knocking their door steps. Some families
try to imitate what others indulge in irrespective of it being good or bad for
the family.
Effect
on the productivity
As
mentioned earlier, all types of harassments affects the productivity level of
the victim negatively. Men and women lose interest in life and daily
activities. If they are employed they fail to work with full capabilities in
workplace. Children are found to concentrate less on studies. They drop out of
school and do not get the education which otherwise they might have got if they
were not harassed and thus the country loses a productive asset. Therefore, the
nation’s productivity altogether gets affected because of domestic violence in
homes. When old people are tortured and physically abused, they separate
themselves from family members and their daily activities are restricted to
themselves. The guardianship they can provide out of their experience, the
moral values which they can instill in the grandchildren are all not done as
they are unwanted in their own homes. People need to spend their part of income
for medication when they are met with worse forms of harassment which again
leads to loss in productive use of a family’s income. The cumulative effect of
the harassment at all levels and across all regions is the country’s hindered
development and slow economic growth.
Possible
Solutions
A
very important question in wake of harassments remedies is that what exactly we
are looking for in the process of minimizing their occurrences. Is it so that
we want to gather more information about such cases for just expressing our
concern over this issue with more accuracy, having facts and figures at hand?
Or instead of just raising our voices, we want to clean up the mess with shear
force and determination?
Fighting
the ‘harassments
Evil
A
recent study has concluded that violence against women is the fastest-growing
crime in
The
response to the phenomenon of harassment is a typical combination of efforts
between law enforcement agencies, social service agencies, the Courts and
corrections agencies (i.e jails and Darul Aman etc). The role of all these has
progressed over last few decades, and brought their activities in public view.
Harassment in Pakistan now by and large are being viewed as a public problem of
significant proportion and many public, private and governmental agencies are
seen making huge efforts to control it in Pakistan. There are several organizations
all over the world, government and non government which are actively working to
fight the problems generated by harassment to the human community.
Need
for Stringent Laws
Unfortunately, at
present there is not enough legislation in the
Role
of Non-Governmental Organizations (NGOs)
The
role of non-governmental organizations in controlling the domestic violence and
curbing its worse consequences is crucial ads the NGOs continue to spread
awareness amongst people regarding the legal rights they have in hand for
fighting against the atrocities they are subjected to. They are encouraging
more and more people to report any case of domestic violence so that proper
action may be taken against the culprits.
Police
Support
Police
plays a major role in tackling the harassment cases. They need to be sensitized
to treat harassment cases as seriously as any other crime. Special training to
handle domestic violence, street harassment; workplace sexual harassment and
other types of harassment cases should be imparted to police force. They should
be provided with support network of judiciary, government agencies and
departments etc. The gender training should be made mandatory in the trainings
of the police officers. There should be a separate wing of police dealing with
women’s issues and other harassment abuses, attached to all police stations and
should be excluded from any other duty.
Governmental
authorities
Governmental
authorities should take steps to recognize all types of harassment including
domestic violence, street harassment; workplace sexual harassment etc as a
public issues. A crisis support cell needs to be established in all major
Government and Private Hospitals with a trained medical social worker for
provide appropriate services. Training programs must be organized for health
professionals in order to develop their skills to provide basic support for
abused people. Documentation on the prevalence and the health consequences of
domestic and other harassments should be undertaken by the concerned government
authorities. A sizeable agency should also be set up for the annual
consolidation of the documented work and publish the same for wider publicity
among the masses for increasing awareness.
Conclusion
We
need to sense the importance of discussion of such a crucial and sensitive
topic. The varying causes which can spark the violence within the four walls of
homes need to be analyzed carefully and a wise study of the factors causing the
violence may prevent a family to suffer from the menace of harassment and
domestic violence. The harassment may have a far wider and deeper impact in
real life than what has been covered in the above lines. What is required is to
see closely the association of the factors provoking a particular form of
harassment. If these factors can be controlled then more than one form of
violence can be prevented from harming an individual or our society and
References:
1.
Adaptation
of code of conduct prescribed by law.
2.
The
committee will immediately address the complaints of sexual harassment as per
law, as and when received.
3.
Ensuring
the justice is done swiftly and retaliation against the complaints is curbed.
4.
Informing
and educating the employees to make them more aware of the provisions of the
act and to encourage a professional and dignified work environment for the
women in public and private sectors.
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