REVIEW OF THE GENDER SENSITIZATION & SEXUAL

HARASSMENT OF WOMEN AT THE PUNJAB AND HARYANA HIGH

COURT, CHANDIGARH (PREVENTION, PROHIBITION AND

REDRESSAL) REGULATIONS, 2013.

SUBMITTED TO:

ALL INDIA LEGAL FORUM (AILF)

By:-

PREETKIRAN KAUR

RESEARCH BOARD MEMBER

ALL INDIA LEGAL FORUM

THE GENDER SENSITIZATION & SEXUAL HARASSMENT OF WOMEN AT THE

PUNJAB AND HARYANA HIGH COURT, CHANDIGARH (PREVENTION, PROHIBITION

AND REDRESSAL) REGULATIONS, 2013.

INTRODUCTION:

The Gender Sensitization & Sexual Harassment of Women At The Punjab And Haryana High

Court, Chandigarh (Prevention, Prohibition And Redressal) Regulations, 2013 is a legislation in

the State of Punjab which was published vide Notification No. 223/Rule Cell, dated

21.12.2013. The Act is a comprehensive piece of legislation divided into five chapters

and sixteen sections. It covers both the aspects of gender sensitization and dealing

with sexual harassment at Punjab & Haryana High Court precincts. The act also

provides for special initiatives to be taken to mitigate gender disparity in the society.

STATEMENT OF OBJECTS AND REASONS:

Sexual harassment has plagued the society since decades. It violates and individual’s right to life

under Article 21 and right to equality guaranteed by Article 14 and 15. Sexual harassment at

workplace has been a major impediment in ensuring women of their right to work with dignity. It

violates their right to work in a safe and free environment under article 19(1)(g). These

fundamental rights have been accorded the status of Universal Human Rights by Convention on

the Elimination of all Forms of Discrimination against Women, 1993 to which India was a

signatory. The need for ensuring a safe environment to women was felt at the Punjab & Haryana

High Court. The rules therefore, have been framed on the lines of Vishaka v. State of Rajasthan

and Medha Kotwal Lele v. Union of India & Others. The rules were framed keeping in mind the

provisions of the central legislation of provisions of the Sexual Harassment of Women at

Workplace (Prevention, Prohibition and Redressal) Act, 2013.

CHAPTER – I

IMPORTANT DEFINITIONS

Section 2 of Chapter I deals with important definitions of the key terms used in fhe statute.

Section 2(a) defines an aggrieved women. She is defined as a femle of any age employed or not

who faces sexual harassment in the premises of Punjab and Haryana High Court.

Section 2(j) defines a respondent. A person against whom the complaint is made in accordance

with The Rules and is employed in any manner, capacity or earns a living through the premises

of the Court is referred as a respondent.

Section 2(k) gives a broad definition of sexual harassment. The acts listed under the same are

physical advances, sexual remarks, stalking, voyeurism, any oral or written unwelcomed act,

intimidating conduct or creating hostile work environment.

Section 2(m) defines a volunteer as means lawyers or other persons enlisted by the GSICC

without any remuneration basis for carrying out the objects and purpose of these Regulations.1

Section 3 of Chapter I explicitly prohibits sexual harassment in any form at the Punjab &

Haryana High Court premises.

CHAPTER – II

1 https://www.latestlaws.com/bare-acts/state-acts-rules/haryana-state-laws/gender-sensitization-sexual-harassment-of-women-at-the-punjab-and-haryana-high-court-chandigarh-prevention-prohibition-and-redressal-regulations-2013/

COMPOSITION & CONSTITUTION OF GENDER SENSITISATION & INTERNAL

COMPLAINTS COMMITTEE

S.NO. SECTION EXPLANATION

1 4 - Constitution of

the Gender

Sensitization &

Internal

Complaints

Committee.-

4(1) provides for setting up of a GSIC to sensitise the public

on gender issues and receive complaints of sexual

harassment.

4(2) provides that the GSIC shall not have have less than 7

and more than 13 members. 4(2)(a) to 4(2)(h) lays down the

criteria for the members to be included.

4(4) lays down the payment of fees to the outside member

under 4(2)(e) shall be made from the allocated funds for

holding the proceedings of the GSICC as may be

prescribed.

4(5) provides for the grounds of expulsion of a member of

chairperson by the written order of the Chief Justice. The

vacancy so created shall be filed as

2 5 - Term of

Gender

Sensitization &

Internal

Complaints

Committee

members.

The term shall be one year of each Member.

3 6 - Meetings of the

Gender

The GSICC shall meet at least once in four months in

a calendar year. The Member Secretary intimate the

Sensitisation &

Internal

Complaints

Committee

members of meetings and agenda in writing and/or by

electronic communication. An emergency meeting

may also be called within 48 hours.

4 7- Functions of the

Gender

Sensitization &

Internal

Complaints

Committee.

The GSICC has to frame a Policy addressing the issues from

time to time. GSIC shall prominently publicize the Policy on

gender sensitization and prevention and redressal of Sexual

Harassment. It shall take other initiatives such as -

Organization of programmes for the gender

sensitization through workshops, seminars, posters,

film shows, debates, displays, etc.

Submission of an Annual Report of activities

undertaken by December 31 every year to the Chief

Justice.

7(4) Complaint Redressal - The GSICC shall ensure

that every complaint of an aggrieved woman is

adequately dealt with in accordance with the

established procedure and with complete sensitivity.

CHAPTER – III

Complaint & Inquiry into Complaint

S.NO. SECTION EXPLANATION

1 8- Complaint

of Sexual

Harassment

 Any aggrieved woman may make a complaint in writing

of sexual harassment at Court premises to the GSICC in

accordance with the form and procedure so notified by it.

She may seek assistance of a volunteer in course of

writing the same.She shall make it through her legal heir

in case of death or mental incapacity.

2 9- Inquiry into

complaint

9(1) - An Internal Sub-Committee of three members to

conduct a fact finding inquiry has to be constituted.

9(2)- The Internal Sub-Committee shall conduct an

inquiry and shall hear and duly record the statements of

the woman, respondent and other as necessary.

9(3)- The fact-finding inquiry into a Complaint shall be

conducted and completed within 90 days of the

constitution of the Committee.

3 10- Inquiry

Report

10(1)- Internal Sub-Committee shall provide the Inquiry

Report to the GSICC and concerned parties within a

period of ten days from the date of completion of the

inquiry.

10(2) – In case no action id proved, no action to be taken.

10(3)- The Committee shall recommend to the GSICC to

take appropriate action for gender discrimination and/or

sexual harassment as per the report.

4 11- Orders on

Inquiry

Report

Subject to Regulation 9(1) above, the GSICC shall have

the power to pass orders to secure justice to the victim of

sexual harassment. It may include – admonition, filing of

a criminal complaint, disciplinary action against the

respondent, etc.

The orders of the Chief Justice and the GSICC shall be

final and binding on the parties.

5 12-

RepresentationA representation to the Chief Justice shall be made by the

aggrieved woman or the respondent who shall have the

power to set aside or modify the orders passed.

6 13- Restraint

Order.

The GSICC may recommend specific interim measures to

be taken in a signed decision to the Chief Justice, who on

receipt thereof, may pass such interim orders that may be

required as per the facts and circumstances.

CHAPTER – IV

Powers & Duties

S.NO. SECTION EXPLANATION

1 14- Powers

of GSICC &

Internal Sub

- Committee

GSICC shall issue notifications or frame rules for the better

implementation of the provisions enlisted above.

2 15 - Duties The GSICC shall perform certain duties such as – ensuring a

safe environment in the Court premises, organize

sensitization camps, workshops and ensure transparency in

its working.