Summary
- Islamabad: A National Assembly committee has warned against weakening workplace harassment protections and urged the Federal Government to vigorously pursue its review petition against a recent court ruling, saying that Parliament’s 2022 amendment clearly covers gender based discrimination even when it is not sexual in nature.
- The Special Committee on Gender Mainstreaming said the Federal Constitutional Court judgment in Usman Shahid versus Nadia Sarwar and connected appeals appeared to depart from Parliament’s intention and earlier Supreme Court principles on workplace harassment.
- The committee recommended that the Federal Government and Law Division actively pursue the review petition in Usman Shahid versus Nadia Sarwar, including the protection provided under Section 2(h)(ii) of the law for non sexual harassment and the civil standards of proof.
Islamabad: A National Assembly committee has warned against weakening workplace harassment protections and urged the Federal Government to vigorously pursue its review petition against a recent court ruling, saying that Parliament’s 2022 amendment clearly covers gender based discrimination even when it is not sexual in nature.
The Special Committee on Gender Mainstreaming said the Federal Constitutional Court judgment in Usman Shahid versus Nadia Sarwar and connected appeals appeared to depart from Parliament’s intention and earlier Supreme Court principles on workplace harassment. The committee supported the government’s review petition, stressing that protections provided under the law should not be narrowed.
The meeting was held at Parliament House under the chairpersonship of Dr Nafisa Shah, MNA. Attorney General for Pakistan Mansoor Usman Awan briefed members on the legal grounds of the government’s review petition.
The Attorney General said the judgment appeared to have overlooked important changes made to the law. He observed that the court might not have been properly informed about the legislative developments and said the government could request a review of the decision.
FOSPAH Chairperson Fauzia Viqar told the committee that an amendment made in 2022 had included gender based discrimination in the definition of harassment, whether or not the conduct was sexual in nature.
She said requiring proof of sexual intent would go against both the purpose and wording of the amended law. She warned that a narrow interpretation could make it harder for employees to seek protection against workplace discrimination and harassment.
Committee Chairperson Dr Nafisa Shah said the judgment appeared to differ from Parliament’s legislative intention and the developing legal principles of the Supreme Court.
The committee also referred to the Supreme Court judgment in Nadia Naz versus President of Pakistan, reported as PLD 2023 SC 588. Members said workplace harassment could involve misuse of power and gender based control, and should not be limited only to conduct of a sexual nature.
The committee also raised concern over the requirement for independent third party evidence in harassment cases. Members said such a requirement could bring criminal law standards into a civil process designed to provide relief to affected employees.
They observed that harassment often takes place in private workplaces or through digital communication, where independent witnesses may not be available. Requiring such evidence could discourage victims from reporting complaints and weaken their constitutional rights to equality and dignity under Articles 25 and 14.
The committee recommended that the Federal Government and Law Division actively pursue the review petition in Usman Shahid versus Nadia Sarwar, including the protection provided under Section 2(h)(ii) of the law for non sexual harassment and the civil standards of proof.
The committee also reviewed the performance of the Federal Ombudsperson Secretariat for Protection against Harassment (FOSPAH).
According to the briefing, FOSPAH has received 7,095 complaints since its establishment in 2010 and disposed of 6,944 cases, achieving a reported resolution rate of 98 per cent.
During 2025, the secretariat received 1,290 complaints and resolved 1,288. These included 273 complaints from federal entities, 703 from Punjab, 156 from Sindh and 123 from Khyber Pakhtunkhwa.
The committee appreciated the reported performance but stressed that complainants and witnesses must be protected from retaliation. It said employees should be able to report harassment without fear of punishment, pressure or other negative consequences.
The meeting also examined women’s participation in the Prime Minister’s Youth Programme under its four main areas: Education, Employment, Engagement and Environment.
MNA Amna Batool, the programme’s Youth Focal Person, said the aim was no longer limited to meeting basic quotas but also included reducing the digital gap between men and women and creating more opportunities for young women across the country.
She informed the committee that women had received Rs37 billion in loans under the Prime Minister’s Youth Business and Agriculture Loan Scheme between January 2023 and September 2026. A total of 121,034 women benefited, taking their share of loans to 21 per cent in the financial year 2025 to 2026.
The programme reported a non performing loan rate of just 0.7 per cent for these loans, indicating that only a small share of the loans had fallen into the category of payments not being made as required.
The committee was also informed that women made up 46 per cent of participants in the NAVTTC Skills Development Programme in 2026. A total of 35,201 women received training, exceeding the programme’s 33 per cent target.
Under the She Fixes pilot project, 500 women received specialised technical training.
Women also secured 58.5 percent of merit based laptops distributed under Phase IV, with 55,728 laptops awarded to female students. They represented 54 per cent of Digital Youth Hub users, accounting for 310,300 women.
The briefing further showed that women made up 48 per cent of beneficiaries of PEEF scholarships, with 5,469 recipients. In sports, 67,054 female athletes participated in 10 different sports.
The committee recommended that the State Bank of Pakistan and commercial banks set a minimum target of 33 per cent female participation in youth and agriculture loans. It said women’s repayment record and ability to manage credit should be recognised when deciding access to loans.
It also called for Rural Support Organisations, including the National Rural Support Programme and provincial organisations, to help distribute interest free Tier One microfinance loans of up to Rs500,000. The aim is to make small loans more accessible to women in remote and less developed rural areas.
The committee further recommended awareness campaigns in different local languages and special orientation sessions for members of the National and provincial assemblies so that more women could learn about available opportunities, particularly in remote districts.
The meeting approved the minutes of its previous session and formed a four member subcommittee under Senator Rubina Qaim Khani.
The subcommittee includes MNA Shahida Rehmani, Senator Khalida Ateeb and MNA Munazza Hasan. It will examine women’s representation in Parliament and related institutions, identify challenges faced by women parliamentarians, review their participation in parliamentary work and leadership positions, and suggest steps to improve gender equality and institutional support.
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