Citation Name: 2024 PLC(CS) 151 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Prof. Dr. NAHEED HAQ vs PROVINCE OF BALOCHISTAN through Secretary Governor/Chancellor of Balochistan Ss — 2024 PLC(CS) 151 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2024 PLC(CS) 151 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2024
Reporter: PLC
Parties: Citation Name: 2024 PLC(CS) 151 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Prof. Dr. NAHEED HAQ vs PROVINCE OF BALOCHISTAN through Secretary Governor/Chancellor of Balochistan Ss
Subject matter: Constitutional
Provisions referred to: S. 2; S. 12

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

Citation Name: 2024 PLC(CS) 151 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Prof. Dr. NAHEED HAQ VS PROVINCE OF BALOCHISTAN through Secretary Governor/Chancellor of Balochistan Ss. 2(J) & 12---Protection against Harassment of Women at the Workplace act (IV of 2010), S. 2(h)---harassment complaint under Balochistan Protection against Harassment of Women at Workplace, 2016---"Harassment"---Scope---Though the act of 2016, enacted by the Provincial assembly of Balochistan is ditto copy of the federal legislation i.e. the act of 2010, however, departure has been made while defining the term of "harassment" where the words "any kind of threats, blackmailing, mental and physical torture, attempt for defamation or defamation through modern techniques" have been added---Said definition and its interpretation by the heads of some organizations is a serious matter because it undermines the intent of the legislation and has detrimental effects on both individuals and the overall workplace environment---There are a number of instances of misuse of the said law, however, the main cause is the novel definition of term 'harassment'---although the act, 2016 is/was a legislative measure aimed at providing a safe and harassment-free working environment for women and to prevent sexual harassment at workplaces, however, due to the novel definition of 'harassment' in the act of 2016, the same is /was being misused and the present case is/was one such example---It is also worth mentioning that under S. 12 of the act of 2016, the provisions of the act are in addition to and not in derogation of any other law---act of 2016 is basically a myopic piece of legislation that focused only on a minute faction of harassment and it confines or limits its application to sexualized forms of harassment---High Court declared the summoning of the petitioner in the complaint-in-question as illegal, mala fide and void ab-intio---Constitutional petition was allowed, in circumstances.

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