Panel passes 'The Protection against Harassment of Women at Workplace Amendment Bill 2019'

ISLAMABAD: A parliamentary body on Tuesday passed "The Protection against Harassment of Women at Workplace Amendment Bill 2019" seeking that the rules or subordinate legislations should be laid before both the houses of parliament and standing committees to ensure effective oversight.

The Sub-Committee of National Assembly Standing Committee, which met with MNA Mohsin Dawar, convener of the committee passed "The Protection Against Harassment of Women at Workplace Amendment Bill 2019" seeking to substitute section 13 (Power to make rules) moved by MNA Amjad Khan.

Khan told the committee that the main objectives of the bill that rules or subordinate legislation be placed before Senate and National Assembly as well as standing committee in order to ensure proper oversight and to further improve rules.

He further said that the bill would be applied over upcoming laws and not applied over the existing laws. According to statement of objects and reasons of the bill, rules of both the National Assembly and the Senate provide that delegated legislation may be examined by the committees concerned. But practically no effective parliamentary oversight has been made.

Furthermore, in the prevalent legal system it is also a departure from the principle of separation of powers that laws should be made by the elected representatives of the parliament and not by the executive government, it says.

It says that in parliamentary democracies the principal has been largely persevered through an effective system of parliamentary control of executive law making control by making provision that copies of all subordinate legislation be laid before each house of the parliament within prescribed sitting days.

A senior official of the Ministry of Human Rights, while objecting the bill, said that section 13 - power to make rules is an administrative matter, therefore, it shall be dealt by the Ministry of Law and Justice being administrative ministry to deal with administrative matters of Federal Ombudsman Secretariat for protection against harassment of women at workplace.

The committee after detailed discussion passed the bill. The committee also discussed and passed "the Islamabad Capital Territory Child Protection (Amendment) Act 2020" moved by MNA Nafeesa Inyatulllah Khan Khattak seeking in case of girl child the assessment shall be conducted by a female child protection officer.

As per the statement of objects, reason of the bill and reason the purpose of the first amendment in the act is to provide the membership of the national commission on the rights of children.

Since the law deal with the protection, care and welfare of children only, hence the participation of any member from the child rights commission would be more desirable in this regard.

The bill also aimed to ensure that girl children are assessed by female child protection officer, keeping in view of the gender specific needs and our cultural context as well. Under the protection of female officer, the girl child would get a greater sense of security.

The parliamentary body also discussed, "The Islamabad Capital Territory Senior Citizen Bill 2019" and "The Domestic Violence bill 2020" moved by Dr Shireen Mazari, Minister for Human Rights, and deferred it till the next meeting.

The committee rejected, "The Women in Distress and Detention Fund (Amendment) Bill 2019" moved by MNA Uzma Riaz after the Ministry of Human Rights informed the meeting that "The Women in Distress and Detention Fund Act 1996" is repealed on October 31, 2019 by Legal Aid and Justice Authority Ordinance, 2019.

Uzma Riaz told the committee the Women in Distress and Detention Fund of Rs46 million had been set up in 1996 but no one knows about its detail regarding expenditure. According to the Human Rights Ministry, the Women in Distress and Detention Fund was established with the objective to provide financial and legal assistance to the women in distress and detention.

After enactment of the fund, the ministry constituted a board of governors. In the view of the board of governors' decision, the ministry revised the rules and forwarded the same to the Ministry of Law and Justice for vetting before notification.

However, the Law and Justice Division returned the rules unvetted with remarks that the Women in Distress and Detention Fund Act 1996 is repealed on October 31, 2019 by Legal Aid and Justice Authority Ordinance, 2019. The meeting was also attended by MNA Dr Mahreen Razzaq Bhutto, MNA Naseefsa Khan Khattak, MNA Uzma Riaz and senior official of the Ministry of Human Rights.

Copyright Business Recorder, 2020