NADIA NAZ vs The PRESIDENT OF ISLAMIC REPUBLIC OF PAKISTAN, ISLAMABAD S — 2023 PLD 588 SUPREME-COURT

Case information

Citation: 2023 PLD 588 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: PLD
Parties: NADIA NAZ vs The PRESIDENT OF ISLAMIC REPUBLIC OF PAKISTAN, ISLAMABAD S
Provisions referred to: S. 2; Workplace Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

NADIA NAZ VS The PRESIDENT OF ISLAMIC REPUBLIC OF PAKISTAN, ISLAMABAD S. 2(h)---"Harassment" as defined under section 2(h) of the Protection against Harassment of Women at the Workplace Act, 2010---Meaning and scope---[Per Ayesha A. Malik, J: Intent and purpose behind the enactment of the Protection against Harassment of Women at the Workplace Act, 2010 ('the Act') was to address harassment at the workplace which is prompted on account of gender and was not limited to a sexual form of harassment---Sexual harassment at the workplace is not only about physical intimacy or sexual form but also includes discrimination on account of gender---Sexual harassment is a form of sex-based discrimination, which reduces a woman's potential for social equality and reduces her participation in the workplace---In the context of harassment, the word sexual and sexually are relevant and give meaning to the word harassment, which in this context becomes actionable when it relates to the gender, being sex-based discrimination as opposed to only meaning coital relations and advances---Definition of harassment includes sex-based discrimination that is based on the conduct of the harasser which affects the workplace environment in a negative manner as it interferes with the work and performance of the victim]---[Per Yahya Afridi, J: 'Harassment' in form of 'sexually demeaning attitudes' is motivated to degrade and demean a person by exploitation, humiliation and hostility on the basis of his or her gender, and such harassment is rooted in gender based discrimination]

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