LHC orders Punjab to formulate policy on domestic workers

LAHORE

The Lahore High Court on Tuesday directed Punjab chief secretary and secretary for labour to formulate a policy with respect to domestic workers doing household work.

Pleading a public interest petition, Advocate Sheraz Zaka argued that Punjab Restriction on Employment of Children Act 2016 solely applies on children working in industrial establishments whereas there was no policy/regulation for children working in domestic household work.

The lawyer argued that recently Supreme Court took a suo motu notice against maltreatment meted out to a minor girl, Tayyaba, in the house of a sessions judge in Islamabad.

He said child labour menace had increased manifold over the past few years in domestic household work due to the non-existence of policy or regulation for the domestic workers whereas on the other hand, workers doing similar nature work in industrial establishments were regulated under industrial relations act, minimum wages act and Punjab Restriction on Employment of Children Act, 2016.

He stated that in light of superior court's judgements, international laws could be relied upon to formulate a policy, although Pakistan had not ratified the domestic workers convention.

Advocate Sheraz Zaka argued that people in a similar situation should be treated in same manner and children below 14 years were being hired in household work and engaged in arduous work for long hours.

An assistant advocate general opposed the petition and said it was not maintainable as the petitioner was not a domestic worker.

However, Chief Justice Syed Mansoor Ali Shah issued directions to the chief secretary and secretary for labour to formulate a policy with respect to the domestic workers and disposed of the petition.

NGO: The Lahore High Court chief justice on Tuesday allowed functioning of another non-governmental organisation, Women in Struggle for Empowerment (WISE), restraining the authorities concerned from extending harassment to the organisation and its staff.

Chief Justice Syed Mansoor Ali Shah passed this interim order on a petition filed by WISE Executive Director Bushra Khaliq challenging a circular issued by Punjab Industries, Commerce & Investment Department in light of recommendation of home department.

Assisted by her counsel, Bushra Khaliq told the court that the authorities asked her organisation to stop working and accused it of being involved in objectionable and anti-state activities. She said the allegations made in the impugned circular were misleading and false.

After hearing initial contention of the petitioner, the chief justice stayed the impugned orders and allowed the organisation to carry on its functioning.

Restraining the respondent authorities from taking coercive measures against the petitioner and her organisation, the chief justice summoned the responsible officials from ministry of interior and home department on January 27.

In the petition, Bushra Khaliq contended that the organisation had in no way violated any of the reasonable restrictions placed under the law and the Constitution. She said WISE was a peaceful organisation and it had utmost respect and regard for the laws of the country. She stated that the organisation was recently engaged in “Harassment Awareness Volunteer Programme” in coordination with office of the Ombudsperson Punjab for effective implementation of Protection against Harassment of Women at Workplace Act 2010.

The petitioner pleaded that it was inconceivable that training women to protect themselves against sexual harassment would be in any way detrimental to national security, as alleged by the respondents.

She contended that the impugned orders asking the organisation to stop functioning were illegal and unjust as no proper hearing was afforded to the aggrieved party (petitioner).

She prayed to the court to set aside the orders and allow the petitioner-organisation to continue its functioning throughout the country.