RIGHTS OF WOMEN AND CHILDREN
necessary amendments were carried out in the Act, the Bar Council, in
accordance with the provision laid down in Section 9 of the Advocates
Act, 1961, could set up a Disciplinary Committee exclusively to deal with
cases of sexual harassment and, accordingly, co-opt an active senior
woman advocate as the Chairperson of that Committee as envisaged in
the complaints mechanism referred to in the Vishaka judgment. The
constitution of such a Disciplinary Committee under Section 9 of the
Advocates Act, 1961 would be an effective mechanism as it would have
disciplinary implications and, further, act as a deterrent against those
who attempt to sexually harass any woman.
●
It was felt that the Complaints Committee proposed to be set up under
Section 9 of the Advocates Act, 1961 in the Bar Council of India and in
various other State Bar Councils would have to be more rigorous so as
to take action against the offenders.
●
It was decided that once the complaints mechanism is set up in the Bar
Council of India, the Bar Association of India, the Supreme Court Bar
Association and the High Court Bar Associations, the Commission would
take the initiative of training all the Complaints Committee members,
which would be in accordance with one of the statutory functions of the
Commission requiring it to spread human rights literacy and promote
awareness.
●
Shri Raju Ramachandran, Senior Advocate, Supreme Court and Smt.
Kamini Jaiswal, Advocate, Supreme Court also raised the point that if
the Vishaka guidelines are to be implemented in letter and spirit, the
judiciary at all levels needs to be included in the process since the Courts
are also work places of women. Shri Raju Ramachandran said that he
would send a letter to the Commission on this matter for its consideration.
7.37 Subsequently, Shri Ramachandran wrote a letter to the Commission on
30 July 2002 stating that "for a woman lawyer, the 'workplace' comprises not
just her senior's chamber, the bar library, canteen or corridor but also the Court
room. There are well-known instances of women lawyers feeling that the
behaviour of judges towards them has been inappropriate". It was accordingly
decided by the Commission that the Chairperson may write a letter to the Chief
Justice of India in the matter. The Chairperson, thereafter, wrote a letter to
the Chief Justice of India on 15 November 2002, a copy of which is enclosed
at Annexure 8.
ANNUAL REPORT 2002-2003
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