Women Harassment Act: Balochistan High Court Explains Workplace Harassment and Misuse of Law

In every workplace, dignity matters. A woman should be able to work without fear, pressure, discrimination, or unlawful targeting. But the law must also be applied with care. If a law made to protect women is used without understanding its real purpose, it can harm justice instead of protecting it. This is why PLD 2024 Balochistan 6 is an important judgment for understanding the women harassment act, workplace dignity, and the legal limits of harassment complaints in Pakistan.

IRAC Judgment Summary
IRAC	Short Points
Issue	Whether general allegations of harsh language, calling a colleague to office, verbal directions, and undignified treatment could legally amount to harassment under the women harassment act.
Rule	Under the Protection against Harassment of Women at Workplace Act 2010 and the Supreme Court’s ruling in Nadia Naz case PLD 2021 SC 784, actionable harassment must be connected with conduct of sexual nature or sexual orientation.
Analysis	The complaint against Prof. Dr. Naheed Haq did not contain allegations of sexual nature. The High Court found that the Harassment Committee and Vice-Chancellor failed to apply their mind before summoning her.
Conclusion	The Balochistan High Court allowed the petition and declared the harassment summons illegal, mala fide, and void ab initio. The explanations were also declared without jurisdiction.
Citation & Title	2024PLD6 Balochistan	Prof. Dr. Naheed Haq v. Province of Balochistan and others

Why This Judgment Matters

This judgment matters because many people misunderstand the women harassment act. Some assume that every rude word, office disagreement, administrative conflict, or harsh behavior becomes a harassment case. The Balochistan High Court clarified that this is not legally correct.

The Court did not say workplace dignity is unimportant. It did not say women should tolerate humiliation or pressure. It said that when a complaint is filed under a specific harassment law, the complaint must fall within that law’s legal definition.

This judgment is useful for women employees, university staff, employers, inquiry committees, lawyers, students, and ordinary citizens who want to understand workplace harassment in Pakistan in simple English.

Background of the Case

Prof. Dr. Naheed Haq was serving as Pro-Vice-Chancellor at Sardar Bahadur Khan Women’s University, Quetta. She was also given acting charge of Vice-Chancellor after removal of respondent No. 2 from office. According to her case, when respondent No. 2 resumed charge as Vice-Chancellor, a personal grudge developed against her. She said adverse steps were then taken against her, including salary revision, removal from committees, repeated explanations, and summoning in a harassment complaint filed by Dr. Gul Ghutai, Chairperson, Commerce Department.

Prof. Dr. Naheed Haq approached the Balochistan High Court under Article 199 of the Constitution. She requested the Court to declare the harassment complaint, summons, explanations, salary revision, and removal from committees illegal, mala fide, without jurisdiction, and against natural justice.

The real question was whether this was a genuine complaint under the women harassment act, or whether the law was being used in a personal and administrative dispute.

What Was Alleged in the Complaint?

The complaint did not allege sexual advances, sexual demands, physical conduct of sexual nature, or sexually demeaning conduct. Instead, it contained general allegations: calling the complainant to office, treating her in an allegedly undignified manner, giving verbal directions, and using harsh language.

The Court noted that very harsh and contemptuous language had also been used against the petitioner, who was a teacher and Pro-Vice-Chancellor. The Court found that the complaint did not show allegations of sexual nature or sexual orientation.

This became the central reason why the Court held that the complaint could not legally proceed under the women harassment act.

Women Harassment Act and the Legal Meaning of Harassment

The Balochistan High Court discussed the Protection against Harassment of Women at Workplace Act 2010. The Court explained that, although the title uses the word “harassment,” the legal definition is narrower.

Under the federal law, harassment includes unwelcome sexual advance, request for sexual favors, verbal or written communication of sexual nature, physical conduct of sexual nature, or sexually demeaning attitudes that affect work performance or create a hostile work environment.

This means the women harassment act mainly deals with sexual harassment at workplace. It is not a general law for every workplace insult, every administrative conflict, or every office disagreement.

The Court relied heavily on Nadia Naz case PLD 2021 SC 784, where the Supreme Court held that workplace harassment law is restricted to harassment having sexual orientation and nature.

For further reading, citizens may study the Protection Against Harassment of Women at the Work Place Act, 2010 to understand the legal definition of workplace harassment in Pakistan.

Balochistan Harassment Act 2016

The Court also examined the Balochistan harassment act 2016. It noted that this provincial law is largely similar to the federal harassment of women at workplace act 2010, but the Balochistan law added broader words in the definition.

These added words included threats, blackmailing, mental and physical torture, attempt for defamation, and defamation through modern techniques.

The Court found that this broader wording could create misuse if heads of institutions interpret it too widely. According to the judgment, wrong interpretation of the law can undermine the purpose of the legislation and damage both individuals and the workplace environment.

This is why this case is not only about one professor. It is a guide on how workplace harassment law in Pakistan should be applied.

Readers may also study the Balochistan Protection Against Harassment of Women at the Workplace Act, 2016 to understand the provincial workplace harassment law in Balochistan.

Every Bad Workplace Behavior Is Not Harassment Under This Law

The Court made an important distinction. Rude behavior, harsh language, pressure, or administrative unfairness may be wrong. Such conduct may be challenged under service rules, university law, disciplinary procedure, constitutional jurisdiction, or other legal remedies.

But such conduct is not automatically actionable under the women harassment act unless it is shown to be connected with sexual nature. The Court clearly observed that any workplace behavior, even if generally called harassment, is not actionable under this law unless its sexual nature is demonstrated.

This point is important for genuine complainants too. If every general dispute is wrongly filed as harassment, real sexual harassment at workplace complaints may lose seriousness. Proper legal classification protects both victims and innocent persons.

Misuse of the Women Harassment Act

The Balochistan High Court openly discussed misuse. The Court observed that the law was made to provide a safe and harassment-free working environment for women, but due to the novel definition in the Balochistan law, it was being misused, and the present case was one example.

This does not mean the law is bad. It means the law must be applied carefully. A law for women’s protection should not become a tool for personal grudge, office politics, or administrative pressure.

The correct approach is balance. Genuine harassment complaints must be taken seriously. But baseless or legally defective complaints should not be allowed to damage reputation, career, or dignity.

Safe Workplace for Women Means Fairness for All Women

A powerful part of the judgment is that the petitioner herself was also a woman. The Court recognized that she too had the right to perform her duties as Pro-Vice-Chancellor in a safe and inclusive work environment.

The Court observed that she appeared to have been made a scapegoat, harassed, and discriminated against on a linguistic basis.

This gives an important message: a safe workplace for women means fairness for all women. If a woman is a complainant, she deserves protection. If a woman is accused, she also deserves lawful treatment, dignity, and fair procedure.

Removal from Committees and Other Actions

The petitioner also challenged her removal from several committees. She argued that, as Pro-Vice-Chancellor, she was entitled to be part of those committees under the Balochistan Universities Act, 2022.

The Court held that removing her from several committees was illegal and in defiance of law. It also declared the explanations dated 20 May 2022, 29 June 2022, and 25 August 2022 without jurisdiction and void.

This shows that the Court looked at the overall pattern, not only the harassment complaint.

Final Decision of the Balochistan High Court

The Balochistan High Court allowed the constitutional petition.

The Court declared the summoning of Prof. Dr. Naheed Haq in the harassment complaint illegal, mala fide, and void ab initio. The explanations issued to her were declared without jurisdiction and void. Respondent No. 2 was directed to include her name in committees according to the Balochistan Universities Act, 2022.

In simple words, the Court protected the petitioner from unlawful proceedings and restored her legal position in the university administration.

Practical Legal Lessons for Citizens

This judgment gives clear lessons for citizens, students, lawyers, and workplace committees.

First, a complaint under the women harassment act must match the legal definition of harassment.

Second, the Protection against Harassment of Women at Workplace Act 2010 mainly deals with sexualized conduct.

Third, the Balochistan harassment act 2016 has wider wording, but it should not be misused for general workplace disputes.

Fourth, a harassment committee must apply its mind before summoning anyone.

Fifth, Nadia Naz case PLD 2021 SC 784 remains an important precedent for interpreting workplace harassment law.

You may also read our detailed guide on women rights in Pakistan to understand how courts protect dignity, equality and safe workplace rights.

Sixth, a safe workplace for women requires both protection from harassment and protection from unfair proceedings.

Key Takeaways

• The women harassment act must be applied according to its legal definition.
• General workplace conflict is not automatically harassment under this law.
• Sexual nature or sexual orientation is central to actionable harassment.
• The harassment of women at workplace act 2010 was interpreted through the Nadia Naz precedent.
• The Balochistan harassment act 2016 has broader wording, but misuse is a serious concern.
• Harassment committees must apply their mind before issuing summons.
• The petitioner’s summons were declared illegal, mala fide, and void ab initio.
• The petitioner was also entitled to a safe and inclusive workplace.
• Her removal from committees was held illegal.
• The judgment protects both women’s workplace rights and fair legal process.

Conclusion

This Balochistan High Court judgment is an important guide for understanding the women harassment act in Pakistan. It does not weaken women’s rights. It strengthens the law by ensuring that it is used honestly, carefully, and within its legal limits.

Genuine complaints of sexual harassment at workplace must be taken seriously. But personal disputes, administrative pressure, harsh language, or office politics should not be forced into the wrong legal category.

For ordinary citizens, the message is simple: workplace dignity matters, women’s protection matters, and fair procedure also matters. A true safe workplace for women is one where genuine victims are protected and innocent persons are not wrongly targeted.

Disclaimer

The content on Qanooni Dastak is for legal awareness and educational purposes only. It is not professional legal advice. Every case depends on its own facts, documents, evidence, and applicable law. For any personal legal matter, readers should consult a qualified lawyer.

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