Supreme Court Sets Plea Seeking Framing Of Guidelines On How To Handle Complaint Of Sexual Harassment Against Judges For Directions On Nov 15

At the request of the Senior Advocate, Ms. Indira Jaising, appearing on behalf of the petitioner, a Bench comprising Justices Sanjay Kishan Kaul, A.S. Oka and Vikram Nath granted four weeks time to file her note elucidating the mechanism that has been put in place in this regard, since the time the petition was filed in 2014. The Secretary General of the Supreme Court is to file a response within 4 weeks thereafter indicating the mechanism followed by the Apex Court.

The Bench, however, refused to accept Ms. Jaising's request to make the Bar Council of India (BCI) a party to the said proceedings and direct it to frame rules with respect to sexual harassment. Justice Kaul stated that if she is seeking that guidelines be framed by BCI then she is at liberty to file another separate petition in that regard.

At the outset, Advocate Jaising had apprised the Bench that notice was issued only on the prayer (d) of the petition, which reads -

"...as on date there is no mechanism to enquire into the complaints of sexual harassment against all judicial officers, sitting or retired judges, whether while holding office or not"

Considering the same, she submitted that since no relief is sought from the private respondents they can be deleted from the array of parties. The Bench acceded to her request.

She further informed the Bench that the Secretary General of the Supreme Court is yet to file a response in the plea. Ms Jaising indicated that the filing of the affidavit is significant because if the response is satisfactory then there might not be a need to proceed further with the proceedings. She sought the Court's permission to bring the developments that have taken place in the recent past in the manner sexual harassment case are handled, to its notice.

"Much water has flown since the petition was filed. Now there is a practice of the court to deal with these issues. Regulations have been framed with relation to court staff, employees and women lawyers. I'll place these developments on record."

Solicitor General, Tushar Mehta appearing for the Secretary General of the Supreme Court suggested that only the mechanism and not specific instances be brought on record.

The Bench asked him to file a response after Ms. Jaising files her affidavit.

Ms. Jaising requested the Bench to allow her to appear virtually, indicating she is tired of getting pushed around in courts. Approving here request, Justice Kaul remarked -

"Nobody can push you round physically or verbally."

Ms. Jaising retorted, "Women who are loud and vocal get discriminated against."

Both Justice Kaul and Solicitor General assured her that the judge was appreciating her -

"You are capable of defending yourself. This is a compliment."

[Case Title: X Versus Secy. General., Supreme Court of India And Ors. W.P.(Crl.) No. 15/2014]