Skip to main content

Guidelines for sexual harassment of women at the Supreme Court framed; High Courts directed to follow suit


Guidelines for sexual harassment of women at the Supreme Court framed; High Courts directed to follow suit
July 19, 2013   Updates   No comments A+ | a-
17th July 2013: Seeking to address sexual harassment of women in the Supreme Court premises, a bench comprising the Chief Justice of India, Justice Altamas Kabir and Justices Ranjana Desai and A.R. Dave approved guidelines for the prevention and redressal of sexual harassment of women which will be applicable to the Supreme Court complex and the lawyers chambers. The guidelines were framed in a writ petition filed by two women lawyers, following an incident of sexual harassment of a woman in the High Court of Delhi, seeking directions to combat sexual harassment of women within the court premises.

The directions of the Supreme Court come sixteen years after its historic decision in Vishaka v. State of Rajasthan, (1997) 6 SCC 241, where it took note of the lack of the law in the area and directed all employers to adopt guidelines framed by it to address sexual harassment at the workplace.

The Gender Sensitisation and Sexual Harassment of Women at the Supreme Court of India (Prevention, Prohibition, and Redressal) Regulations, 2013, approved by the Court, create a Gender Sensitisation and Internal Complaints Committee (GSICC) a majority of which will be women, and will consist of seven to thirteen members including judges of the Supreme Court, senior members of the Supreme Court Bar, an elected woman member of the Advocates on Record Association, an elected woman member of the Supreme Court Clerks Association and an outside member nominated by the CJI.

The GSICC will look into complaints of sexual harassment against all women in the premises of the Supreme Court, barring those who are governed by the Supreme Court service regulations, as they are already covered by previous regulations. The GSICC shall have the powers to admonish the respondent, publish such admonition in the court precincts, and prohibit the respondent from harassing the victim. In addition, the GSICC may recommend to the CJI to pass orders debarring the respondent from entering the Supreme Court precincts for a specified period extending to a maximum period of one year, in appropriate cases to recommend filing of a criminal complaint and / or disciplinary complaint before the concerned disciplinary authority governing the respondent.

The orders of the CJI and the GSICC shall be final and binding on the parties. Any person aggrieved by an order passed (or not passed) by the GSICC or recommendation made by the GSICC to the CJI, or non implementation of such orders or action may make a representation to the CJI who may set aside or modify the order passed or recommendation made.

The guidelines were drafted by a committee, appointed by the Court, comprising Senior Advocates Fali S. Nariman (chairman), Anand Grover and Indu Malhotra along with advocates Vibha Dutta Makhija, Binu Tamta, Meenakshi Arora and Asha Menon of the National Legal Aid Services Authority.

Full text of The Gender Sensitisation and Sexual Harassment of Women at the Supreme Court of India (Prevention, Prohibition and Redressal) Regulations, 2013, can be downloaded from www.lawyerscollective.org 

Comments

Post a Comment

Popular posts from this blog

MCS MAHARASHTRA COOPERATIVE HOUSING SOCIETY BYE LAWS 101 TO END

MCS BYE LAWS CONTINUED FROM PREVIOUS POST 101 TO END 101. If all the business on the agenda of the General Body Meeting of the Society cannot be transacted on the day on which the General Body Meeting is convened, the meeting shall be postponed to any other suitable date as may be decided by the Members present at the meeting, however not later than 30 days from the date of the meeting. 102. The Chairman of the Society shall preside over all General Body Meetings of the Society, in case if the Chairman is absent or if present and is unwilling to preside, the Members present may elect a person from amongst themselves to preside over the meeting. 103. No proxy or a holder of power of attorney or letter of authority shall be eligible to attend a General Body Meeting of the Society on behalf of a Member of the Society. 104. Voting right of a Member and the Associate Member of the Society shall be regulated in accordance with the provisions of Section 27 of ...
4 comments
Read more

MCS ACT: Encroachment /usage of Common Area by Flat Owners - Highlights of bye laws and the role of MC/General Body

The Managing Committee has to read the bye laws in harmony and adopt a standard process as approved by the General Body   Almost Every Society has conflicts or even fist fights on usage of common areas, especially the parking, the passage outside the flats and other areas meant for east of movement and common utility. As a Building lay out, and common areas differ accordingly to the size/class of buildings and also the category of flats , it is essential to review the relevant bye laws and formulate a policy with uniform norms and permitting fair use. What is permissible and fair use again depends on the unique size and design of a building, it is imperative to evolve a robust policy post deliberations at a General Body of Members.  Bye Law No 165. Penalties for breaches  Bye Law No 165(a)  The meeting of the General Body of the Society may prescribe penalties for different breaches of the Bye-laws of the Society. The Secretary of the Society, under instruct...
1 comment
Read more

PoSH Act: ICC of the Employer of the Complainant (Victim) is also empowered to conduct enquiry -Path-breaking Ruling by the Hon'ble Supreme Court

 KEY POINTS BY LAWSHASTRA - FULL JUDGEMENT APPENDED BELOW   This path-breaking judgement by the Hon’ble Supreme Court, has well enunciated the objectives of the VISHAKA Guidelines and the PoSH Act, while spelling out the jurisdictional aspects of the “Employer” Crystal clear.  Precisely, the jurisdictional challenge by the Appellant in the present case, inter alia relates to whether the Internal Complaints Committee (hereinafter referred to as “ICC”) constituted at a certain Department of the Government of India can entertain a complaint under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as “POSH Act”) against the Appellant who was working at a different Department of the Government of India at the relevant time.  Key Points for reference   PoSH Act. (extracts) Section 2(a)  “(a) “aggrieved woman” means -  in relation to a workplace, a woman, of any age whether employed or n...
Post a Comment
Read more