12 May, 2021

She Will Be Protected

An intern has the protection of the law against a sitting or retired judge and against the Supreme Court of India as an institution

She Will Be Protected

On the 6th of April this year, the Supreme Court of India notified the Gender Sensitisation and Sexual Harassment of Women at the Supreme Court of India (Prevention, Prohibition and Redressal) Regulations, 2013. No committee has been notified under these regulations to date.

It is not clear to me under what powers these regulations have been framed. The regulations are not stated to be framed under Article 145 or 146 of the Constitution of India. The regulations are purported to be iss­ued in writ petition (civil) No. 162 of 2013. Hence one can only conclude that the regulations are in the nature of a judgement of the Supreme Court of India.

According to the regulations, an ‘agg­rieved woman’ means “any female, of any age, whether employed or not, who claims to have been subjected to any act of sexual harassment by any person on the Supreme Court precincts”. The precincts are def­ined as “the whole premises of the Supreme Court including the court block, open grounds, parking, old and new chamber blocks, libraries,...

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