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SC lady lawyers seek plaint redressal panel in courts
Fifteen years after the Supreme Court in the Vishaka case recognised the right of women to have a safe working environment, women lawyers practicing in courts across the country are yet to feel assured of their protection against sexual harassment.
As an urgent remedy to the harassment woes faced by women in courts, 62 lady lawyers of the Supreme Court have taken up the cudgels for all women in the profession by demanding the apex court to provide for a Complaint Redressal committee in all courts, including the Supreme Court, where women could register their complaints of sexual harassment and seek redressal.
An application in this regard was drafted and filed by advocate Vibha Dutta Makhija before Supreme Court which is already seized of the issue in a case from the Delhi High Court where a lawyer had allegedly assaulted his female counterpart inside the court. In the backdrop of the present case, the lady lawyers demanded that a committee headed by a lady judge and having half of the strength as women to be immediately set up in all subordinate courts, High Courts and Supreme Court.
At present there is no mechanism in form of a complaints redressal committee to deal with such complaints of women, the application said. The Vishaka judgment passed in 1997 which provided for such a committee at every workplace did mark a beginning in the country finally yielding to a proposed law -- “The Protection of Women against Sexual Harassment at Workplace Bill 2010”, passed recently by one of the Houses of the Parliament. Ironically, the courts were left behind to set their own house in order.
The application, settled by senior advocate Indu Malhotra, raised a clarion call by stating, “Is such guidelines to protect women from any kind of harassment are not framed today, the call for upholding dignity of women in the entire country and/or adoption of the International Convention and norms would only be sham and hollow call.”
Without citing specific instances, the 62 applicants revealed they “have been closely aware of untoward incidents of sexual harassment”. This was in violation of what the Court held in Vishaka case where it said, “It shall be the duty of the employer or other responsible persons in the workplace to prevent or deter the commission of acts of sexual harassment and to provide procedures for the resolution, settlement or prosecution of such acts.”
As lawyers were entrusted to preserve the rights of women in distress, the application made out a case that unless women lawyers were not assured of a safe professional environment, it would severely hamper the effective rendering of their duty. It said, “Safety of lady advocates is in fact imperative…such an atmosphere free from any apprehension or fear is imperative to maintain the independence and effective functioning of the judiciary and for imparting justice.” There could be no doubt that courts are work places for lawyers. The application sought to extend the same benefit to lady staff employed in courts as well.
Fifteen years after the Supreme Court in the Vishaka case recognised the right of women to have a safe working environment, women lawyers practicing in courts across the country are yet to feel assured of their protection against sexual harassment.
As an urgent remedy to the harassment woes faced by women in courts, 62 lady lawyers of the Supreme Court have taken up the cudgels for all women in the profession by demanding the apex court to provide for a Complaint Redressal committee in all courts, including the Supreme Court, where women could register their complaints of sexual harassment and seek redressal.
An application in this regard was drafted and filed by advocate Vibha Dutta Makhija before Supreme Court which is already seized of the issue in a case from the Delhi High Court where a lawyer had allegedly assaulted his female counterpart inside the court. In the backdrop of the present case, the lady lawyers demanded that a committee headed by a lady judge and having half of the strength as women to be immediately set up in all subordinate courts, High Courts and Supreme Court.
At present there is no mechanism in form of a complaints redressal committee to deal with such complaints of women, the application said. The Vishaka judgment passed in 1997 which provided for such a committee at every workplace did mark a beginning in the country finally yielding to a proposed law -- “The Protection of Women against Sexual Harassment at Workplace Bill 2010”, passed recently by one of the Houses of the Parliament. Ironically, the courts were left behind to set their own house in order.
The application, settled by senior advocate Indu Malhotra, raised a clarion call by stating, “Is such guidelines to protect women from any kind of harassment are not framed today, the call for upholding dignity of women in the entire country and/or adoption of the International Convention and norms would only be sham and hollow call.”
Without citing specific instances, the 62 applicants revealed they “have been closely aware of untoward incidents of sexual harassment”. This was in violation of what the Court held in Vishaka case where it said, “It shall be the duty of the employer or other responsible persons in the workplace to prevent or deter the commission of acts of sexual harassment and to provide procedures for the resolution, settlement or prosecution of such acts.”
As lawyers were entrusted to preserve the rights of women in distress, the application made out a case that unless women lawyers were not assured of a safe professional environment, it would severely hamper the effective rendering of their duty. It said, “Safety of lady advocates is in fact imperative…such an atmosphere free from any apprehension or fear is imperative to maintain the independence and effective functioning of the judiciary and for imparting justice.” There could be no doubt that courts are work places for lawyers. The application sought to extend the same benefit to lady staff employed in courts as well.
