Read Questions in English below, or here in Urdu:

Q: The law prescribes that every organization adopt the code but how do we go about doing it?
A: Step by step instructions on how to comply with the law. (see here)

Q: For public sector organizations, what level should an inquiry committee cater to?
A: The Federal and Provincial Ministries will have their own committees, each department, semi-autonomous and autonomous bodies a linked to a ministry should have their own committee. The Ministries plus departments can decide to have the committees at the district level if necessary.
The Ministry of Education will send instructions to each educational institution under it to form their own committee; similarly the Ministry of Health will have a committee constituted at every hospital plus medical facility under it.

Q: What if an organization cannot identify three people for the Inquiry Committee?
A: The management can always co-opt one or more members from outside the organization. This could be from any civil society organization, union councillor or any other respectable community member.

Q: What if a complainant doesn’t trust the committee members or the management?
A: In such circumstances a complainant can directly go to an Ombudsperson (to be set up soon by the Federal and Provincial Governments).

Q: What if a Complainant is lying?
A: If the Inquiry Committee decides in favour of the alleged harasser it doesn’t mean that complainant is lying and this alone should not constitute mala fide intentions. There has to be clear evidence of fabrications with the intentions of defaming the other in order for it to be considered mala fide. In that case the management should refer the case, with evidence, to the Ombudsperson.

Q: Is it necessary for small organization also to adopt the code?
A: Even though the law does not specify any minimum number of employees that is required to adopt the code, however smaller organizations can adopt a simplified version of this code given on the “Home” page of AASHA’s web site.

Q: What is the role of the focal person according to HEC policy?
A: According to the HEC policy the role of focal persons is to offer support and immediate assistance to those who have experienced sexual harassment.

Q: If the competent authority does not impose the penalty within seven days or alters the recommendations of the standing inquiry committee, what recourse is available?
A: According to the law or HEC Policy (in case of universities), the competent authority is only required to sign off on recommendations made by the standing inquiry committee and ensure its implementation. In case this does not happen, the Committee could submit the inquiry report along with a letter, quoting section 4, sub section 5 of the law, (The Competent Authority shall impose the penalty recommended by the Inquiry Committee under sub-section (4) within one week of the receipt of the recommendations of the Inquiry Committee) or attach a copy of the law with this section highlighted and simply request their endorsement and subsequent action based on the provided documentation.

Q: How can doubts about the veracity of a sexual harassment case be clarified?
A: Doubts about the veracity of a sexual harassment case can be clarified through a thorough inquiry that may include the following steps: Interviewing the Complainant & Accused: The Committee members may ask the complainant & the accused, specific questions regarding the case to clarify any ambiguities that might exist or to get additional information so that they have enough facts to make the right decision. Gathering Evidence / Facts: A sexual harassment inquiry has multiple components, including talking to witnesses if there are any, examining evidence if available, collecting facts from those working around the complainant and accused/s, past history of the accused of any informal or formal allegations against him or her, and the complainant’s emotional or physical well-being.These steps are part of the best practices for conducting an inquiry of sexual harassment allegations and are aimed at ensuring a fair and thorough Inquiry to clarify any doubts about the veracity of the case

Q: In the event that a filed case of sexual harassment is proven false or intended to defame the accused, what actions can be taken?
A: Knowingly making mala fide allegations of sexual harassment that are later found to be false, constitutes a serious offense under this law. If the Inquiry Committee determines that a false allegation was made with malicious intent, the case will be handed over to the Ombudsperson for appropriate action. For cases in institutes of higher education, if the accused is not an employee, the Inquiry Committee will recommend appropriate action against the complainant.

Q: Regarding the stipulated 30 days for inquiry and decision-making in the law, does this refer to 30 working days?
A: The stipulated 30 days for inquiry in the Protection Against Harassment of Women at the Workplace Act 2010 refer to days and not working days

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