FOSPAH directs Rs 800,000 to be paid to complainant as compensation, Rs 200,000 deposited in national treasury
Federal Ombudsman for protection against harassment of women in the workplace Fauzia Viqar
In a landmark ruling that strengthens the protection of working women across Pakistan, Federal Ombudsman for Protection against Harassment of Women at Workplace (FOSPAH), Fauzia Viqar, has ruled that the termination of a woman during her maternity leave constitutes gender-based discrimination and imposed a fine of one million rupees on the private IT company.
“Motherhood should never become a barrier to a woman’s career,” said Fauzia Viqar.
The order came in response to a complaint filed by Zainab Zahrah Awan, who was terminated in April 2024 while on duly sanctioned maternity leave. The ombudsman ruled that such termination not only violates the Protection of Women from Harassment at Work Act, 2010, but also violates fundamental constitutional rights – including dignity, equality and protection of motherhood – enshrined in Articles 14, 25 and 37 of the Constitution.
“Safe motherhood is not a service – it is a fundamental right. No woman should be forced to choose between her career and motherhood,” the ombudsman stated, affirming that all employers must protect women’s dignity and equality in the workplace.
FOSPAH ordered that Rs 800,000 be paid to the complainant as compensation and Rs 200,000 be paid into the National Treasury, thereby declaring the termination letter void and restoring the complainant’s employment status.
In his detailed judgment, the Ombudsman emphasized that maternity protection is a non-negotiable and inviolable right, supported by Pakistan’s obligations under international instruments such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the International Covenant on Economic, Social and Cultural Rights (ICESCR) and International Labor Organization (ILO) conventions.
The decision sets a significant precedent for women’s rights in the workplace in Pakistan and emphasizes that any dismissal during maternity leave is illegal and amounts to gender-based discrimination.
The Ombudsman further called on all public and private organizations to adopt and implement comprehensive maternity and anti-discrimination policies in accordance with the Constitution and Pakistan’s international obligations.
