Supreme court guidelines for prevention of sexual harassment in court premises

 Such a Report was submitted before us in its draft form  and
        after thorough discussion,  the  Committee  was  requested  to  make
        certain additions and alterations and now  finally  the  Regulations
        referred to as - The Gender Sensitisation  &  Sexual  Harassment  of
        Women at the Supreme Court of India  (Prevention,  Prohibition   and
        Redressal) Regulations, 2013, have been  placed  before  us  in  its
        final form.  The said Regulations have also been considered  by  the
        learned Attorney General, as also the learned  Additional  Solicitor
        General, Mr. Sidharth Luthra.  All the learned counsel are agreeable
        that the Regulations, in their present form,  may  be  accepted  and
        appropriate orders may be passed thereupon.


                We too have gone through the Regulations and find them to be
        suitable to tackle the menace  of  sexual  predation  in  the  Court
        precincts  for  the  present.  The  same  may  require  changes,  if
        necessary, based on future experience.


                 We,  accordingly,  approve  of  and  accept  the  aforesaid
        Regulations and direct  the  Supreme  Court  in  its  administrative
        jurisdiction to take note of the same and to arrange that  the  same
        are promulgated and given wide publicity.  Copies  of  the  same  be
        sent to the different High Courts in the different States,  so  that
        they too may formulate their own Regulations in the same manner,  in
        order to contain harassment of women in  court  premises.  The  High
        Courts may also ensure that the same are implemented at the District
        level as well.



         S U P R E M E   C O U R T   O F   I N D I A
                         RECORD OF PROCEEDINGS

               WRIT PETITION (CIVIL) NO.162 Of2013


MS. BINU TAMTA & ANR.                             Petitioner(s)

                 VERSUS

HIGH COURT OF DELHI & ORS.                        Respondent(s)



Date: 17/07/2013  

CORAM :         HON'BLE THE CHIEF JUSTICE
                HON'BLE MR. JUSTICE ANIL R. DAVE
                HON'BLE MRS. JUSTICE RANJANA PRAKASH DESAI



                This writ petition was filed by  two  learned  Advocates  of
        this Court, Ms. Binu Tamta and Ms. Vibha Datta Makhija, for  certain
        reliefs on the basis of a newspaper report, which had reported about
        an incident which occurred in Delhi High  Court,  alleging  that  an
        employee of the High Court had been filming lady  advocates  in  the
        chamber toilet.


                The filing of the writ petition led to the question  of  the
        formation of a Committee as suggested by this Court in  Vishaka  and
        Others vs. State of Rajasthan and Others 1997(6) SCC 241.  This  led
        to the further suggestion  that  proper  Regulations  be  framed  in
        regard to gender sensitisation and to prevent sexual  harassment  of
        women at the Supreme Court of India and in other courts as well.  In
        our order dated 23rd April, 2013, we had constituted a sub-Committee
        with  Mr.  Fali  S.  Nariman,  learned  senior  Advocate,   as   the
        Chairperson thereof, to look into the reports submitted by Ms.  Asha
        Menon in her capacity as Member  Secretary  of  the  National  Legal
        Services Committee and also to look into the draft rules prepared by
        Ms. Vibha Datta Makhija and, thereafter, to submit  a  comprehensive
        set of draft rules on the basis of which orders could be passed.


                Such a Report was submitted before us in its draft form  and
        after thorough discussion,  the  Committee  was  requested  to  make
        certain additions and alterations and now  finally  the  Regulations
        referred to as - The Gender Sensitisation  &  Sexual  Harassment  of
        Women at the Supreme Court of India  (Prevention,  Prohibition   and
        Redressal) Regulations, 2013, have been  placed  before  us  in  its
        final form.  The said Regulations have also been considered  by  the
        learned Attorney General, as also the learned  Additional  Solicitor
        General, Mr. Sidharth Luthra.  All the learned counsel are agreeable
        that the Regulations, in their present form,  may  be  accepted  and
        appropriate orders may be passed thereupon.


                We too have gone through the Regulations and find them to be
        suitable to tackle the menace  of  sexual  predation  in  the  Court
        precincts  for  the  present.  The  same  may  require  changes,  if
        necessary, based on future experience.


                 We,  accordingly,  approve  of  and  accept  the  aforesaid
        Regulations and direct  the  Supreme  Court  in  its  administrative
        jurisdiction to take note of the same and to arrange that  the  same
        are promulgated and given wide publicity.  Copies  of  the  same  be
        sent to the different High Courts in the different States,  so  that
        they too may formulate their own Regulations in the same manner,  in
        order to contain harassment of women in  court  premises.  The  High
        Courts may also ensure that the same are implemented at the District
        level as well.


                One of the prayers in the writ petition is for issuance of a
        mandamus to  the  respondent  No.4  and  all  the  High  Courts  and
        subordinate courts to draft and notify its rules for  prevention  of
        sexual harassment in  court  premises,  inter  alia,  providing  for
        permanent internal committees with effective  punishment  powers  of
        the delinquent, for providing safe working environment for women and
        matters ancillary thereto.  The said prayer is, in fact, covered  by
        the directions given herein-above and may, therefore, be followed in
        its essence and spirit by all the courts concerned.


                The writ petition is disposed of accordingly.  What  remains
        to be recorded is our appreciation, first to the two petitioners for
        having taken the initiative of bringing this matter to the notice of
        this Court, and then to Mr. Fali S. Nariman and  Mr.  Anand  Grover,
        learned senior Advocates, and the other Members  of  the  Committee,
        along with the learned Attorney General and the  learned  Additional
        Solicitor General, for extending their help and expertise in framing
        these Regulations, which  we  are  certain  will  be  acted  by  all
        concerned with the seriousness they deserve.


                We also express our appreciation of Ms. Asha Menon's efforts
        in providing necessary support as a Member of the Committee  towards
        the framing of these Regulations.

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