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Home Criminal law

Supreme Court Must Follow Established Principles Governing Sexual Harassment Inquiries

Stanley Paul by Stanley Paul
February 19, 2023
in Criminal law
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Supreme Court Must Follow Established Principles Governing Sexual Harassment Inquiries

Symbol of law and justice in the empty courtroom, law and justice concept.

Since the events of April 20, where the Chief Justice of India answered to sexual harassment allegations towards himself through speaking from the Bench after instituting a suo moto writ petition, numerous traits have come about at the Supreme Court, inclusive of the putting in place of a 3-member committee headed with the aid of Justice Bobde (the second one senior-maximum judge) comprising himself, Justice N. V. Ramana (the 1/3 senior-most judge) and Justice Indira Banerjee, to conduct an inquiry into the criticism.

Supreme Court

Recent news reports state that Justice Ramana has recused himself from the committee and has been replaced via Justice Indu Malhotra. The complainant has additionally written to the panel asking for its reconstitution. While the appointment of Justice Indu Malhotra (the existing chairperson of the GSICC) is comforting, positive fundamental concerns concerning concepts that have to govern the composition and operation of the committee stay. The courtroom ought to observe its own principles laid down in Vishaka and Ors. V. State of Rajasthan and Ors., [1997 6 SCC 241] and now incorporated in the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”) whilst framing the advert-hoc procedure inside the gift case.
Setting the same old for all.

The gift case is exceptional in that it’s for the first time inside the records of the Supreme Court that a complaint of sexual harassment has been filed against a sitting Chief Justice of India. The method followed in this case must be cautiously deliberated upon to make sure that it’s miles honest, just, and affordable. All eyes are at the court at this juncture, and it’s far critical that the way the prevailing grievance is handled empowers and encourages another character who has experienced sexual harassment at the place of business to have the braveness to speak out and demand responsibility.

The arrival of the #MeToo motion in India blanketed several instances of social media money owed of sexual harassment, which sparked debate about the relevance and necessity of formal inquiries in instances of sexual harassment. Therefore, the handling of this gift case is in continuation of that communication and should give faith to everybody of this united states of America that formal institutions have the capability to pretty adjudicate court cases whilst upholding the honor of all worried.

Stanley Paul

Stanley Paul

I am a lawyer by profession and blogger by choice. I work for a prestigious law firm where I handle complex litigation and intellectual property matters. In my spare time, I write about various legal issues on my personal blog. I am always open to interesting topics and will always try to provide a fresh perspective on the latest developments in the legal world. I am a huge fan of technology, and I am always excited to learn more about how this industry is growing. For example, I recently had the chance to attend the opening of the Facebook campus in Dublin, Ireland and interviewed Mark Zuckerberg.

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