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RIGHTS OF WOMEN AND CHILDREN
7.34 All the Ministries/Departments have also been requested by the DOPT,
through the above-mentioned Office Memorandum, to bring those instructions
to the notice of all concerned and ensure that necessary follow-up action is
taken on the report of the Complaints Committee without delay.
7.35 In parallel to this exchange of letters with DOPT, the then Chairperson
of the Commission wrote a letter on 26 June 2002 to the Minister for Law,
Justice and Company Affairs, Government of India requesting him to take an
initiative in the matter and to suitably amend the CCS Rules so as to make
it mandatory under those CCS Rules to constitute a Complaints Committee
in accordance with the Supreme Court guidelines in order, inter alia, to
investigate complaints of sexual harassment and to provide that its report
should form the basis for the Disciplinary Committee to take necessary action.
7.36 Further, with a view to examining how the legal fraternity could
implement the guidelines and norms prescribed by the Apex Court, a high-level
meeting was convened in the Commission on 29 July 2002 at which were
present leading members of the Bar. That meeting specifically discussed how
the Bar Council of India, the Supreme Court Bar Association, various other
Bar Associations and the State Bar Councils could be involved in spreading
awareness about the guidelines, as well as the setting-up of effective complaints
mechanisms to deal with the problem of sexual harassment in the legal
profession. After a detailed discussion, it was agreed that:
●
There was need to reiterate the guidelines and norms as prescribed by
the Supreme Court in Vishaka v/s State of Rajasthan in a more forceful
manner for the legal profession as well. It was agreed that the Bar
Associations, being non-statutory bodies, could set up a complaints
mechanism without any delay to deal with complaints of sexual
harassment of women in the legal profession as well as women litigants.
●
It was agreed that the Bar Council of India should accordingly set up
a suitable complaints mechanism. This would not only spread awareness
of the guidelines and norms prescribed by the Apex Court in the Vishaka
v/s State of Rajasthan judgment but also ensure discipline amongst the
legal fraternity.
●
It was decided that there was need to suitably amend the Advocates Act,
1961 so as to make provision for an appropriate complaints mechanism.
However, on a suggestion made by Shri P. Chidambaram, Senior
Advocate, Supreme Court, it was decided that until such time as the
N AT I O N A L H U M A N R I G H T S C O M M I S S I O N