AS many women know, the workplace can be a predatory arena. That is even more so in countries like Pakistan where the right to public space is seen as a male privilege — which is why the Protection Against Harassment of Women at the Workplace Act 2010 was a much-needed piece of legislation.

Fortunately, the enactment of this law appears to have largely been followed up by required implementation measures that are ongoing.

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Among these is the appointment of federal and provincial ombudspersons specifically to deal with cases of sexual harassment, a step that Khyber Pakhtunkhwa and Balochistan have yet to take.

A notice in the media recently by the Punjab ombudsperson on the issue reiterated the legal requirement for public- and private-sector organisations to constitute inquiry committees to address complaints. Further, the notice gave intimation of a province-wide initiative in Punjab to raise awareness about the issue and the legislation pertaining to it.

Two recent cases have sparked some debate on whether the legislation goes far enough. In these, the accused argued that behaviour of a teacher towards an individual not employed by the educational institution — such as a student — does not fall within its ambit.

Senator Farhatullah Babar made an unsuccessful attempt this week to have this perceived lacuna corrected through an amendment. Many women’s rights activists hold that the definition of ‘complainant’ within the law makes it clear that it is applicable to a student-teacher relationship as well. Indeed, most of the initial cases under this act that emerged in the media pertained to harassment of students by professors, and in none of these was its ambit a point of contention.

At the same time, another view is that there is some ambiguity in the legislation — as there is in most legislation — that leaves scope for interpretation by the adjudicating authority. The provinces would do well to build on the sustained momentum behind the implementation of this law and bring in amendments to finesse it.

This sustained momentum, however, is sadly missing in other pro-women legislation, which in effect renders the laws toothless.

Domestic violence legislation, for example, enacted so far only in Sindh and Balochistan, is one example. Let alone the formation of protection committees required by the law, not even the rules of business have been drawn up under the relevant act in either province.

Another example is the amendment to the PPC in 2011 that criminalised acid attacks: this was to have been followed by a comprehensive act to strengthen the process of investigation of the crime and conviction of the accused. A bill to that effect has yet to be tabled in any province.

While a lackadaisical bureaucracy has much to do with this, the absence of political will plays a large role in such delays. Without effective implementation, the battle for women’s rights is only half won.

Published in Dawn, November 15th , 2014