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PROTECTION OF CITIZENS RIGHT AND ROLE OF INSTITUTIONS
Text Book Exercise
Q.1: Elucidate the role of the ombudsperson in redressal of public grievance?Ans: ROLE OF OMBUDSPERSON IN REDRESSAL OF PUBLIC GRIEVANCE:
Institution of Ombudsman (Mohtasib):
The institution of Ombudsman (Mohtasib) is generally referred as the "Poor Man's Court". It has been serving the people of Pakistan in a significant manner for more than three decades.
Ombudsman
An Ombudsman is an official appointed by the government or by parliament with a significant degree of independence. He/she is charged with representing the interests of the public by investigating and addressing complaints of maladministration or violation of rights.
Role:
Its role in enforcing administrative accountability ensures that public service activities in particular the exercise of decision-making, powers are carried out not only appropriately but in a manner that is consistent with fairness.
Purpose:
- The Mohtasib's purpose is to institutionalize a system for enforcing administrative accountability through investigating and rectifying any injustice done to a person.
- The Mohtasib is empowered to award compensation to those who have suffered loss or damage as a result of maladministration.
- This institution is designed to bridge the gap between administrator and citizen in order to improve administrative processes and procedures.
- The institution of Ombudsman helps to curb misuse of discretionary powers.
- The Ombudsman is empowered to understand and investigate the grievances of a common aggrieved man.
- The role of ombudsperson is to provide protection against harassment of women.
- For achieving the objectives, the Ombudsman Office has been made the most accessible institution to the public.
Q.2: Write a short note on following:
- What is the role of Women Ombudsperson in Pakistan?
- What is the role of Human Rights Cell established in the Supreme Court of Pakistan?
Ans:Role Of Women ombudsperson in Pakistan:
This institution came into being as a result of "Protection against Harassment of women at workplace act, 2010, passed by the parliament of Pakistan.
Role:
The legislation has been enacted with the objective of protecting the women from harassment at workplace and for effective redressal of their complaints of harassment.
Objective:
- The Act is meant to provide relief against acts of harassment to any man or woman who is a regular or contractual employee whether employed on the daily, weekly, monthly or hourly basis and includes an intern or an apprentice.
- The objective of this Act is to create a safe working environment for women, which is free of harassment, abuse and intimidation with a view toward- fulfillment of their right to work with dignity.
Way Of Filing Complaint:
The aggrieved person can lodge complaint through online mechanism free of cost or by post to the women ombudsperson in Islamabad or their focal persons in the provinces.
➢ What is the role of Human Rights Cell established in the Supreme Court of Pakistan. OR Explain the role of Human Rights Cell (HRC) regarding protection of rights in Pakistan.
Ans: Role Of Human Rights Cell, Supreme Court of Pakistan
The Human Rights Cell is established in the Supreme Court of Pakistan.
Role:
It deals with the applications received directly from public against the violation of Human Rights in Pakistan.
Purpose:
Main purpose of the establishment of this cell is to provide speedy relief to public at large without any cost.
Functions:
- There are many functions of Human Rights Cell.
- It receives application from public through email or by post. HRC send letters to concerned parties and seek report regarding the contents/ paras of complaint.
- Moreover, it provides speedy justice to public on administrative side as well.
- An overseas complaint cell is also established to deal with the applications of overseas Pakistanis.
Q.3:What are the functions of Ministry of Human Rights in Pakistan?
Ans: Functions of Federal Ministry of Human Rights:
There are several functions of Ministry of Human Rights in Pakistan:
- To review human rights and protection of labour rights in the country without any delay or discrimination.
- To coordinate activities of Ministries, Divisions and Provincial Governments in order to facilitate the functions to human rights.
- To collect information, documents and reports on complaints and allegations of human rights violation from Ministries, Divisions, Provincial Governments and other agencies.
- To refer inquiries or investigations in respect of any incident of violation of human rights.
- To pursue or defend issues, complaints representations and matters for and against Pakistan relating to human rights.
Q.4: Identify various forms of harassment in your area and write a detailed Note on any two of them.
Ans: There are various forms of harassment in our area, but some common forms of harassment are:
- Verbal harassment / Bullying / Stalking
- Derogatory jokes
- Racial harassment / Racial Slurs
- Personal Insults
- Gender harassment / Sexual harassment
- Physical harassment / Disability based harassment etc
- Religious harassment
- Political harassment
Verbal harassment:
A verbal harasser can simply be someone who is consistently unpleasant and degrades others. Verbal harassment can include insulting words, cursing, yelling, or threats someone in private or public. Verbal harassment results from different personality conflicts. Although verbal harassment is not illegal. But it is disagreeable and annoying others.
Disability-Based Harassment:
Disability-based harassment is very common in our society. It is always directed towards individuals who either:
(i) suffer from a disability themselves
(ii) are acquainted with a disabled person or people.
(iii) use disability services (sick leave or worker's comp)
A person with a disability may experience harassment in the form of harmful teasing, patronizing comments, refusals to reasonably accommodate or isolation.
Sexual harassment:
Sexual harassment is the most common harassment on the basis of gender. Mostly females are affected by sexual harassment particularly at workplace or sometimes in public place. The men are less affected by sexual harassment as compare to women. It includes physical contact, verbal contact, or sometimes inappropriate use of gestures.
Racial harassment:
Mostly people are harassed because of race, ethnicity, country or citizenship. This is a form of racial harassment.
A victim may experience racial harassment because of their skin color, race, ancestry, origin, country or citizenship status. Even perceived attributes of a certain ethnicity (curly hair, accents customs, beliefs or clothing) may be the cause.
Racial harassment might include:
- Racial slurs
- Racial insults
- Racist jokes
- Degrading comments
- Racial disgust
- Intolerance of difference and other behaviors.
OR
Racial harassment:Racial harassment also exists in our society and it has several bad impacts on the people who are being harassed. This harassment occurs due to the superiority complex on the basis of race, language and culture. This social ill can be diagnosed and treated through proper counseling.
FILL IN THE BLANKS
1) The institution of Ombudsman (Mohtasib) is generally referred as the poor man’s court.2) The Ombudsman has the same powers, mutatis mutandis, as the civil court has to punish any person for its contempt.
3) Parliament of Pakistan passed the Protection against Harassment of Women at workplace Act in 2010.
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