Power imbalances

Two different subjects, two different countries but one thing is common: disenfranchisement. One is related to the protection of women and the other to the protection of democracy. One is about Pakistan and the other about India.

The first incident is about a judgment on workplace harassment by the federal constitutional court in Pakistan last month which led to an uproar, and rightly so. The verdict, involving a female employee of a bank, is not only regressive but experts also say that it has narrowed the protection available to women under the Protection against Harassment of Women at the Workplace Act, 2010, due to an “outdated understanding of the law”. Nadia Sarwar had filed a complaint with the bank’s president on September 24, 2012, alleging sexual harassment at the workplace. A three-member FCC bench held that workplace behaviour could generally be described as harassment but it would not constitute an actionable offence under the Act unless it was inherently sexual in nature.

Section 2(h) of the Act says: “‘Harassment’ means any unwelcome sexual advance, request for sexual favours or other verbal or written communication or physical conduct of a sexual nature or sexually demeaning attitudes, causing interference with work performance or creating an intimidating, hostile or offensive work environment, or the attempt to punish the complainant for refusal to comply to such a request or is made a condition for employment.” Legal experts have pointed out that the misinterpretation of this section while ignoring the rest of the Act has led to a verdict that proves why it is important to have more women and progressive judges in the judiciary for the protection of women.

The lawyer and analyst, Reema Omer, tweeted that the FCC judgment by a bench “comprised solely of men once again highlights how women are nearly absent from Pakistani courts”. She went on to highlight how there are only seven women judges out of 122 high court judges, one out of 17 Supreme Court judges and zero out of seven FCC judges. In addition to this, the Judicial Commission of Pakistan — a constitutional body that appoints judges to the higher judiciary — has no woman member. Pakistan has had some progressive judgements related to women’s rights in the recent past but they are too few to challenge the real misogyny present in our judicial system. One such judgment by the Supreme Court last year said that “sexual harassment is not about sex. It is about power” highlighting how workplace harassment is not merely an individual grievance but “is a systemic problem that perpetuates gender inequality by restricting women’s economic and professional growth”. This judgment understood why women needed protection and from what. It pointed out that a safe, harassment-free workplace is intrinsically linked to gender justice, which embodies the protection of human rights, ensuring equal access to opportunities and resources for all genders, as well as the elimination of discrimination, violence, and structural inequalities based on gender. We need more such judgments. And we need more women in our judiciary. In fact, Pakistan needs more women in every sector, be it politics, media, healthcare, education or sports. Patriarchy will not end without greater participation of women in the workforce. Gender discrimination is a reality that we face every single day in our lives.

The second incident is the ongoing controversy regarding the Election Commission of India (ECI). Elections around the world are about conflict resolution. However, the allegations being levelled against the ECI go on to show that elections in India are leading to more conflict because of the way in which the Bharatiya Janata Party (BJP) has apparently used the electoral body to disenfranchise millions of voters. It is good to see the way in which the Opposition parties in India are now rallying to protect the voters’ constitutional rights. The impact of what the ECI is alleged to have done to these voters affect state elections as well as general elections and the consequent consolidation of power by the BJP. Whether the protests lead to any meaningful change remains to be seen but at least the system now has come under the scanner.

Mehmal Sarfraz is a journalist based in Lahore; mehmal.s@gmail.com