“THE GENDER SENSITIZATION &
SEXUAL HARASSMENT OF WOMEN AT
THE HIGH COURT & SUBORDINATE
COURTS OF HIMACHAL PRADESH
(PREVENTION, PROHIBITION AND
REDRESSAL) REGULATIONS, 2013”
INDEX
Sr. No. PARTICULARS
1. PREAMBLE
2. CHAPTERI
PRELIMINARY
1. Short title. Extent and commencement
2. Definitions
3. Prevention of sexual harassment
3. CHAPTERII
COMPOSITION & CONSTITUTION OF GENDER
SENSITIZATION & INTERNAL COMPLAINTS COMMITTEE
4. Constitution of the Gender Sensitization
& Internal Complaints Committee.
5. Term of Gender Sensitization and Internal
Complaints Members.
6. Meetings of the Gender Sensitization &
Internal Complaints Committee.
7. Functions of the Gender Sensitization &
Internal Complaints Committee.
4. CHAPTERIII
COMPLAINT AND INQUIRY INTO COMPLAINT
8. Complaint of Sexual Harassment
9. Inquiry into Complaint
10. Inquiry Report.
11. Orders and Inquiry Report
12. Representation
13. Restraint Order
5. CHAPTERIV
POWERS AND DUTIES
14. Powers of GSICC & Internal Sub
Committee.
15. Duties.
6. CHAPTERV
MISCELLANEOUS
16. Confidentiality
17. Protection of actions taken in good
faith.
18. Allocation of funds
19. Regulations not in derogation of any
other law.
“THE GENDER SENSITIZATION & SEXUAL
HARASSMENT OF WOMEN AT THE HIGH
COURT OF HIMACHAL PRADESH &
SUBORDINATE COURTS (PREVENTION,
PROHIBITION AND REDRESSAL)
REGULATIONS,2013”
WHEREAS gender discrimination and sexual harassment
results in violation of the fundamental right of a
woman to equality under Articles 14 and 15 of the
Constitution of India and her right to life and to
carry on any occupation, trade or business which
includes a right to a safe environment free from
sexual harassment under Article 19(1)(g) of the
Constitution of India;
AND WHEREAS sensitization against discrimination on
the basis of gender and the protection against sexual
harassment and the right to work with dignity are
universally recognized human rights by international
conventions and instruments such as Convention on the
Elimination of all Forms of Discrimination against
Women, which has been ratified on the 25th June, 1993
by the Government of India;
AND WHEREAS it is expedient to make provisions for
giving effect to the Constitution of India and the
said Convention for protection of women against sexual
harassment at High Court and Subordinate Courts
precincts:
AND WHEREAS it is necessary to provide for gender
sensitization in working environment and protection
against sexual harassment of women at the High Court
and Subordinate Courts precincts and for the
prevention and redressal of complaints of sexual
harassment and for matters connected therewith or
incidental thereto;
AND WHEREAS according to the decision in Vishaka v.
State of Rajasthan rendered by the Hon'ble Supreme
Court in its judgment dated 13 August 1997, in Writ
Petition (Crl) No. 66670/92 it is necessary to
provide for the protection of women.
AND WHEREAS in the judgment of the Hon'ble Supreme
Court in Medha Kotwal Lele v. Union of India &
Others, rendered on 19 October 2012 reported in (2013)
1 SCC 297, the necessity of protecting women from any
form of indecency, indignity and disrespect in all
places (in their homes as well as outside), is
emphasized and it has been directed to provide new
initiatives of education and advancement of women and
girls in all spheres of life and the further
directions given in the said judgment including the
directions with regard to the need to give directions
given in the said judgment including the directions
with regard to the need go give instructions/circulars
by all statutory bodies such as the Bar Associations
of State, State Bar Council and the liberty granted in
the said judgment to approach the respective courts
and the directions to the courts to effectively
consider the grievances raised in this regard.
AND WHEREAS following upon and in conformity with the
above, in Writ Petition (Civil) NO. 162 of 2013, Ms.
Binu Tamta & Ors V. High Court of Delhi, the Supreme
Court of India appointed a committee for framing
regulations to ensure a safe working environment for
women in the precincts of the Supreme Court, and the
said committee having framed regulations to combat the
problem of sexual harassment within the precincts of
the Supreme Court of India and for the redressal of
any complaint that may be filed in that regard;
AND WHEREAS the draft regulations being placed before
the Court on 03 July 2013 and the Supreme Court
directing for further consideration of the regulations
by the parties concerned and the Attorney General of
India;
AND WHEREAS upon consideration of all the views placed
before the Court, the Hon'ble Supreme Court by order
dated 17 July 2013 was pleased to approve the said
regulations and authorize the issuance of the same and
order the enforcement of the Regulations inter alia
having regard to the aforesaid judgments and in terms
of Article 142 of the Constitution of India to render
full and complete justice.
AND WHEREAS now these Regulations are being published as a
comprehensive code for prevention of sexual harassment of
women within the precincts of the High Court and Subordinate
Courts of Himachal Pradesh and for redressal of any
complaints that may be lodged in the High Court and
Subordinate Courts of Himachal Pradesh.
The High Court of Himachal Pradesh makes the following
Regulations:
CHAPTERI
PRELIMINARY
1. SHORT TITLE, (1) These Regulations may be
EXTENT AND called “The Gender Sensitization
COMMENCEMENT & Sexual Harassment of Women at
the High Court and Subordinate
Courts of Himachal
Pradesh(Prevention, Prohibition
and Redressal) Regulations,
2013”.
(2) They shall come into force
on such date as the Chief
Justice of High Court of
Himachal Pradesh may, by
notification in the official
Gazette, appoint.
2. DEFINITIONS In these Regulations,
unless the context otherwise
requires
(a) “Aggrieved woman” means, in
relation to the High Court and
Subordinate Courts of Himachal
Pradesh, any female, of any age,
whether employed or not, who
claims to have been subjected to
any act of sexual harassment by
any person in the High Court or
Subordinate Courts of Himachal
Pradesh precincts, but does not
include any female who is
already governed by the High
Court/ Subordinate Courts
service regulations;
(b) “Appropriate Authority”
means in relation to the High
Court and Subordinate Courts of
Himachal Pradesh, Chief Justice
of High Court or District Judge
as the case may be.
(c) “Chairperson” means the
Chairperson of the High
Court/District Court Gender
Sensitization and Internal
Complaints Committee (GSICC);
(d) “Chief Justice of High
Court” in context of the present
Regulations means the sitting
Chief Justice of High Court of
Himachal Pradesh.
(e) “District Judge” in context
of the present Regulations means
the sitting District Judge of
the Civil and Sessions Divisions
in Himachal Pradesh or in his
absence the Additional District
Judge of the Civil and Sessions
Divisions in Himachal Pradesh.
(f) “Habitual Respondent” is a
person against whom a previous
complaint of the sexual
harassment has been received by
the GSICC on earlier occasion,
irrespective of whether the
matter was resolved with or
without an inquiry and except
where the Respondent has been
exonerated in the previous
complaint;
(g) “GSICC” means the High Court
and Subordinate Court Gender
Sensitization and Internal
Complaints Committee constituted
under Regulation 4;
(h)”Internal SubCommittee”
menas the subcommittee set up
under Regulation 9;
(i) “Member” means a Member of
the GSICC;
(j) “Respondent” means a person
against whom the aggrieved woman
has made a Complaint under the
present Regulations;
(k)“Sexual harassment” includes
any one or more of the
followings unwelcome acts or
behavior (whether directly or by
implication) namely:
(i) physical contact and
advances;
(ii) a demand or request
for sexual favours;
(iii)making sexually
coloured remarks;
(iv) showing or exhibiting
pornography and/or
sexually explicit
material by any means;
(v) sending undesirable
sexually coloured oral
or written messages,
text messages,email
messages;
or any such messages by
electronic, manual or
other means;
(vi) Stalking or
consistently following
aggrieved woman in the
High Court or Sub
ordinate Court of HP
and outside;
(vii)voyeurism including
overt or tactic
observation by the
Respondent by any means
of the aggrieved woman
in her private moments;
(viii)any conduct whereby
the Respondent takes
advantage of his
position and subjects
the aggrieved woman to
any form of sexual
harassment and seeks
sexual favours
specially while
holding out career
advancements whether
explicitly or
implicitly, as an
incentive or a
natural result of
submitting to the
insinuations/ demands
of the Respondent.
(ix) any other unwelcome
physical, verbal or
nonverbal conduct of
sexual nature.
(x) implied or explicit
promise of
preferential treatment
in her legal career;
(xi)implied or explicit
threat of detrimental
treatment in her legal
career;
(xiii)interferes with her
work or creating an
intimidating or
offensive or hostile
work environment for
her; or
(xiv) any treatment having
a sexual colour or
content likely to
affect her emotional
and/or physical health
or safety.
(l) “Subordinate Judge” means
the Civil Judge(Sr. Division)/
([Link]) of the Subordinate
Court.
(m) “High Court and Subordinate
Court of HP precincts” means the
whole premises of the High Court
including the Court Block, Open
Grounds, Parking, Old and New
Chamber blocks, libraries,
canteen, bar room health centres
and /or any other part of the
premises under the control of
the Hon'ble the Chief
Justice/District Judge/Civil
Judge of High Court/District
Court/Subordinate Court as the
case may be;
(n) “Volunteer” means lawyers or
other persons enlisted by the
GSICC without any remuneration
basis for carrying out the
objects and purpose of these
Regulations.
3. Prevention of No woman shall be subjected to
Sexual sexual harassment at the High
harassment Court and Subordinate Courts of
HP precincts.
CHAPTERII
COMPOSITION & CONSTITUTION OF GENDER SENSITIZATION &
INTERNAL COMPLAINTS COMMITTEE
4. Constitution of (1) The High Court and
the Gender Subordinate Court(s) of HP of
Sensitization & GSICC is constituted herein to
Internal fulfill a very important public
Complaints function of sensitizing the
Committee public to gender issues and to
address any complaints made with
regard to sexual harassment at
the High Court and Subordinate
Court(s) precincts.
(2) The Chief Justice of High
Court/District Judge of District
Court/Judge of Subordinate Court
shall by an order in writing,
constitute a Committee to be
known as the “High
Court/District Court/
Subordinate Court Gender
Sensitization and Internal
Complaints Committee (GSICC)
which shall consist of not less
than 7 members and not more than
13 members and shall include the
following as far as practicable:
(a) one or two judges of
the High Court/District
Court in terms of the
judgment in the case of
Vishaka (supra), one of
whom shall be the
Chairperson of the
Committee, to be
nominated by the Chief
Justice/District Judge as
the case may be.
(b) one or two senior
members of the Bar, with
at least 20 years of
membership of the Bar
Association or the
AdvocatesonRecord
Association to be
nominated by the Hon'ble
Chief Justice/District
Judge or Subordinate
Judge, one of them being
a woman;
(c) one or two members to
be elected by General
Ballot of the Bar
Association who shall be
registered member of the
Bar Association for at
least 10 years out of
whom at least one shall
be a woman;
(d) one woman member
being a member of the
Association elected by
General Ballot of the
Association;
(e) at least one and at
the most two outside
members to be nominated
by the Chief
Justice/District Judge/
Subordinate Judge of High
Court/District Court/
Subordinate Court person
who are associated with
the Social Welfare
Department or non
government organization
having experience in the
field of social justice
women empowerment, and
/or gender justice, out
of whom at least one
member shall be a woman;
(f) one woman officer in
the service of the High
Court/District Court/
Subordinate Court not
below the rank of a
Deputy Registrar of High
Court/Superintendent Gr.
I of the District
Court/Superintendent Gr.
II of the Subordinate
Court to be nominated by
the Hon'ble Chief Justice
of High Court/District
Judge of District
Court/Subordinate Judge
of Subordinate Court, who
shall function as the
Member Secretary of the
GSICC; and
(g) any other member that
the Chief Justice/
District Judge/
Subordinate Judge of High
Court/District Judge/
Subordinate Judge may
deem fit to nominate.
Provided that it
shall be ensured that the
majority of the members
of GSICC shall be woman
members.
(4) The outside Member appointed
under Clause 4(2)(f) shall be
paid such fees or allowances
from the allocated funds for
holding the proceedings of the
GSICC as may be prescribed.
(5) Where the Chairperson or
any Member of the GSICC
(a) has been convicted for an
offence or an inquiry into an
offence under any law for the
time being in force is pending
against him/her;
(b) fails to constitute an
Internal subCommittee to
inquire into a particular
Complaint;
(c) fails to take action under
Regulation 11;
(d) contravenes or attempts to
contravene or abets
contravention of other
provisions of these Regulations
or any notifications/orders
issued thereunder; or
(e) in the opinion of the Chief
Justice of High Court/District
Judge of the District
Court/Subordinate Judge of
Subordinate Court has so abused
his/her position as to render
his/her continuance in office
prejudicial to the exercise of
functions of the GSICC; such
chairperson or Member, as the
case may be, shall stand removed
forthwith from the GSICC by a
written order of the Chief
Justice of High Court/ District
Judge of District
Court/Subordinate Judge of
Subordinate Court and the
vacancy so created shall be
filled by fresh nomination/
election in accordance with the
provisions of these Regulations.
5. Term of Gender & The terms of each member of the
Internal GSICC shall be for two years,
Complaints subject to the members being
Committee elected/nominated for a maximum
Members period of two terms, and a
member who has been removed
under Regulation 4(5) shall not
be eligible for renomination or
reelection.
6. Meeting of the (1) The GSICC shall meet at
Gender least once in four months
Sensitization & in a calendar year.
Internal (2) Members shall be intimated
Complaints of meetings and agenda in
Committee writing and /or by
electronic communication by
the Member Secretary.
(3) Minutes of all meetings
shall be recorded,
confirmed and adopted.
The Member Secretary shall
circulate the minutes of a
meeting and the Resolution
so passed to all Members of
the GSICC within 7 days of
the holding of the meeting
or the passing of the
Resolution.
(4) The Ordinary Meeting shall
be called by the
Chairperson with minimum
seven days notice to all
members.
Any member of the GSICC
may at any time request the
Chairperson to call an
Emergency Meeting with a
notice of Forty Eight
hours. However, this will
not prevent the Chairperson
to call an Emergency
Meeting with a notice of
Forty – Eight hours.
However, this will not
prevent the Chairperson
from convening an emergency
meeting without 48 hours
notice.
(6)The quorum for all Meetings
shall be onethird of the
members of the GSICC. In
the event, the quorum is
not completed for any
meeting, an adjourned
meeting shall be held
within the next 10 days
following, for which no
quorum shall be required.
(7) All options shall be
carried by a simple
majority of those present
and voting at all meetings,
except where it is
specifically provided for.
Whenever a Complaint is
received or a Report of the
Internal subCommittee is
submitted, the Member
Secretary shall within a
period of 7 days request
the Chairperson to call
either an Ordinary or
Emergency Meeting to take
action on the same, and the
Chairperson shall call a
meeting for this purpose
not later than 15 days from
the date of the Complaint
or the Report.
If a member does not
attend 3 consecutive
meetings he/she shall be
liable to removal forthwith
by the Chief
Justice/District
Judge/Subordinate Judge,
and the vacancy so created
shall be filled in
accordance with Regulation.
7. Functions of the (1) GSICC shall be responsible
Gender for framing a Policy from
Sensitization & time to time and its
Internal implementation with regard
Complaints to gender sensitization and
Committee prevention and redressal of
Sexual Harassment in the
High Court and Subordinate
Court in Himachal Pradesh.
(2) Gender Sensitization and
Orientation:GSICC shall
take the following steps
with regard to gender
sensitization and
orientation:
(i) GSICC will ensure
the prominent publicity of
the Policy on gender
sensitization and
prevention and redressal of
Sexual Harassment in the
High Court and Subordinate
Courts in Himachal Pradesh
in all places in the High
Court and Subordinate Court
precincts such as Court
Building, old and new
chamber Blocks, library,
health centre, canteens bar
room etc.
(ii) GSICC will organize
programmes for the gender
sensitization of the High
Court and Subordinate
Courts in HP community
through workshops,
seminars, posters, film
shows, debates, displays
etc.
(iii) GSICC shall submit
an Annual Report by
December 31 every year to
the Chief Justice/District
Judge/Subordinate Judge,
which shall be made public
outlining the activities
undertaken by it and
charting out a blueprint
for the activities/steps to
be taken up in the
following year along with
necessary budget allowances
required by it. The GSICC
shall include in its Annual
Report the number of cases
filed, if any, and their
disposal under these
Regulations in the annual
report.
(iv) GSICC may enlist the
help of NGOs, associations,
volunteers, lawyers,
lawyer's bodies, or the
concerned legal services
authorities to carry out
these programmes.
(v) GSICC will enlist and
activate an adequately
representative teams of
volunteers and shall ensure
the widespread publicity of
the contact details (both
official and personal) of
all its members and
volunteers. The services of
such volunteers shall be
available at all times to
any aggrieved woman or any
person in need of
consultation or guidance.
Volunteers will also assist
in the gender
sensitization, crisis
mediation and crises
management duties of
GSICC,but shall not
participate in the task of
formal redressal of
complaints under these
Regulations and Procedures.
(vi)GSICC will organize and
train members and
volunteers to equip them to
handle sexual harassment
cases including legal and
medical aspects of aid.
(3) Crisis Management and
MediationGSICC shall
ensure that there is quick
and responsive crises
management, counselling and
mediation available to all
aggrieved women
expeditiously which shall
include the following
activities:
(i) GSICC will assist
in the mediation of crises
arising out of incidents of
sexual harassment at the
High Court and Subordinate
Courts of HP precincts.
(ii) No mediation shall
conclude without approval
of the GSICC, and the
mediated settlement shall
be effected and be
enforceable only upto it
being duly approved by the
GSICC which shall satisfy
itself that the said
mediation settlement is
voluntary, fair, unbiased,
and free from any
extraneous consideration or
influence.
GSICC will coordinate
with the High Court or
Subordinate Courts in HP
security services to devise
ways and means by which a
system of prevention of and
crisis management that is
both gendersensitive as
well as prompt and
effective is put in place.
It will maintain regular
contact through the Member
Secretary with the High
Court or Subordinate
Courts' security services
to ensure that in crises
arising out of incidents of
sexual harassment, GSICC
members, and/or the
volunteers identified by
it, shall be intimated of
such incidents without
delay.
(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.
The GSICC shall have the
power to inquire into and
pass order against the
Respondent/deviant/delinque
nt in a compliant made in
relation to any form of
sexual harassment in the
entire precincts of the
High Court or Subordinate
Court as may be case.
CHAPTER III
COMPLAINT 7 INQUIRY INTO COMPLIANT
8. COMPLAINT OF (1) Any aggrieved woman may
SEXUAL make a complaint in writing
HARASSMENT of sexual harassment at
the High Court and
Subordinate Courts
precincts to the GSICC
through the Member
Secretary in accordance
with the form and procedure
so notified by it.
(2) Where the aggrieved woman
is unable to make a
complaint on account of her
physical or mental
incapacity or death or for
any other reasons, her
legal heir or such other
person directly concerned
with her interest may make
a complaint under this
Regulation.
9. Inquiry into (1) On receiving a complaint
complaint and upon being satisfied
with regard to the
genuineness of the
Complaint, the GSICC shall
constitute an Internal Sub
– Committee to conduct a
fact finding inquiry, which
shall comprise of three
members of the GSICC itself
or such other persons as to
be so nominated by the GSICC
in its meeting, with
majority members being
women, and at least one
person being an outside
member.
(2) The internal subCommittee
shall conduct an inquiry and
shall hear and duly record
the statements of the
aggrieved woman, the
Respondent, and any other
person the said parties wish
to examine, subject to the
provisions of the Regulation
13(2), and thereafter it
shall prepare a Report and
enclose therein the complete
proceedings of the Inquiry.
(3) The fact finding inquiry
into a Complaint shall be
conducted and completed
within 90 days of the
Constitution of the Internal
SubCommittee.
Provided that the
validity of any inquiry
shall not be called into
question upon the inquiry
not being completed with the
stipulated period due to
reasons beyond the control
of the internal sub
Committee.
10 Inquiry Report (1) On the completion of an
inquiry under these
Regulations, the Internal
subCommittee shall provide
the Inquiry Report of its
findings alongwith the
complete record of the
inquiry proceedings
including the pleadings and
all the material on record
to the GSICC within a period
of ten days from the date of
completion of the inquiry
and such Report shall also
be made available to the
concerned parties.
(2) Where the Internal sub
Committee arrives at the
conclusion that the
allegation against the
Respondent has not been
proved, it shall recommend
to the GSICC that no action
is required to be taken in
the matter.
(3) Where the Internal sub
Committee arrives at the
conclusion that the
allegation against the
Respondent has been
proved,it shall recommend to
the GSICC to take
appropriate action for
gender discrimination and/or
sexual harassment.
(4) Upon consideration of the
material on record and the
Inquiry Report of the
Internal SubCommittee if
more than twothird of the
members of the GSICC differ
from the conclusion of the
Internal subCommittee, the
GSICC shall after hearing
the aggrieved woman and
Respondent in person, record
its reasons to so differ and
take consequent action
accordingly.
(5) The GSICC shall pass orders
either accepting or
rejecting the Inquiry Report
of the Internal Sub
Committee and thereafter
pass consequent orders that
may be appropriate and
necessary for putting an end
to the sexual harassment and
take all steps to secure
justice to the victim of
sexual harassment within 45
working days of submission
of the Inquiry Report of the
Internal subCommittee,
excluding the period of
holidays, and/or vacation of
the High Court or
Subordinate Courts as may be
case.
Provided that the
validity of the orders of
the GSICC shall not be
called into question upon
the same not being passed
within the stipulated time.
11. Orders on (1) Subject to Regulation 9(1)
Inquiry Report above, the GSICC shall have
the power to pass the
following orders to secure
justice to the victim of
sexual harassment:
(a) admonition;
(b)admonition with
publication of such
admonition in the
Court precincts
including cause lists
and High Court and
Subordinate Courts'
website;
(c) Prohibition from
harassing the victim
in any manner
including, but not
limited to,
prohibition from
communication with her
in any manner such as
phones, messages,
electronic means
physical or other
means for a specified
period; and
(d)Subject to Regulation
11(2) pass all orders,
directions, and/or
direct taking steps
necessary for putting
an end to the sexual
harassment of the
aggrieved woman.
(2) GSICC will also have the
power to recommend to the Chief
Justice/District Judge/Civil
Judge, as the case may be, to
pass orders against the
Respondent including, but not
limited, to the following:
(a) debarment of entry
into the High Court or
Subordinate Court
precincts for a specified
period extending upto a
maximum period of one
year; and
(b) in appropriate
cases, to recommend
filing of a criminal
complaint and/or a
disciplinary complaint
before the concerned
disciplinary authority
governing the Respondent
(including the concerned
Bar Council) for taking
appropriate action, and
the Chief
Justice/District
Judge/Civil Judge may
pass orders thereon
subject to the Regulation
12.
(3) The GSICC shall pass orders
on the inquiry Report and /or
shall make recommendations to
the Chief Justice/ District
Judge/ Civil Judge within 45
working days of the submission
of the Inquiry Report, excluding
the period of vacation of the
High Court or Subordinate Courts
as may be the case and
communicate the same to the
parties forthwith.
(4) The GSICC and the Internal
subCommittee shall have the
jurisdiction to inquire into a
complaint and take any action
thereon notwithstanding that any
criminal complaint or any other
complaint under any other
law(including a disciplinary
proceeding that any criminal
complaint or any other complaint
under any other law(including a
disciplinary proceeding under
the Advocates Act, 1961) may
have been filed with respect to
the same complaint/actions.
(5) The orders of the Chief
Justice/District Judge/Civil
Judge and the GSICC shall be
final and binding on the
parties.
Representation (1) Any person aggrieved by the
order passed (or not passed)
by the GSICC under
Regulation 11(1), or
recommendation made by the
GSICC to the Chief Justice
under Regulation 11(2), or
nonimplementation of such
orders or action may make a
representation to the Chief
Justice/District Judge/
Subordinate Judge as the
case may be, who shall have
the power to set aside or
modify the orders passed or
the recommendation made as
he may deem fit, and also
have the power to issue such
orders or directions that
may be necessary to secure
complete justice to the
victim of sexual harassment.
12 The representation under
Regulation 12(1) shall be
preferred within a period of
ninety days of the
communication of the order
or recommendation.
13 Restraint Order (1) On the receipt of a
Complaint and during the
pendency of an Inquiry, on a
written request made by the
aggrieved woman, the GSICC
if it considers it fit and
proper may recommend
specific interim measures to
be taken in a signed
decision to the Chief
Justice/District Judge, who
on receipt thereof may pass
such interim orders that may
be required for the
personal safety and for
safeguarding the dignity of
the aggrieved woman, and
both the aggrieved woman
and the Respondent shall be
bound by the same.
(2) Upon disobedience,defiance
or violation of the order
passed under clause (1)
above by the Respondent, the
GSICC shall close and /or
strike off the defence of
Respondent and pass final
orders under Regulation
10(5) and Regulation 11.
CHAPTER IV
POWERS & DUTIES
Powers of GSICC (1)The GSICC shall have the
& Internal sub power to issue
Committee circulars/notifications
prescribing its procedure
and of the purpose of
carrying out and
implementing the provisions
of the present Regulations
in their spirit and intent.
(2) The GSICC shall have the
power to pass any orders to
be able to carry out the
objectives and mandate of
the present Regulations
including directing any
party or person to take any
suitable action.
(3) For the purpose of making an
inquiry, the GSICC and the
Internal subCommittee shall
have the same powers as are
14 vested in a Civil Court
under the Code of Civil
Procedure, 1908 when trying
a suit in respect of the
following matters, namely:
(a) summoning and
enforcing the
attendance of any
person and examining
him on oath.
(b) requiring the
discovery and
production of
documents; and
(c) any other matter
which may be
prescribed.
(4) The GSICC by Resolution to
be passed by two – third
majority may remove any member
of the Internal subCommittee
and appoint a new member in his/
her place, only if it is of the
view that such a member has
acted prejudicially to the
principles of naturaljustice,
fair play and has acted with
bias in the conduct of the
Inquiry.
(5) The GSICC shall at all
times have supervisory powers
over the Internal subCommittee
and it may issue directions to
the Internal subCommittee from
time to time in accordance with
the provisions of the present
Regulations.
Duties The GSICC in coordination with
and with the assistance of
the office of the High
Court/District Court/Sub
ordinate Court, as the case
may be, shall
(a) take measures to provide a
safe working environment at
the High Court/District
Court/Subordinate Court
precincts;
(b)display at any conspicuous
place in the High
Court/District Court/
Subordinate Court and on
the website, the penal
consequences of sexual
harassments and the order
constituting the Internal
Committee under the present
Regulations;
15 (c) display at any conspicuous
place in the High
Court/District Court/
Subordinate Court and on
the website, the status and
outcome of complaints of
sexual harassment;
(d)organize workshops and
awareness programmes at
regular intervals of the
sensitizing the persons
carryout out work at the
High Court/District
Court/Subordinate Court
premises with the
provisions of the present
Regulations and orientation
programmes for the members
of the Internal Committee
in the manner as may be
prescribed;
(e)Provide necessary
facilities to the Internal
subCommittee for dealing
with the complaint and
conducting an inquiry;
(f) assist in securing the
attendance of the
respondent and witnesses
before the Internal sub
Committee;
(g) obtain such information
for the Internal sub
Committee as it may require
having regard to the
complaint;
(h) cause to initiate action,
under the Indian Penal Code
or any other law for the
time being in force,
against the Respondent and/
or the perpetrator;
(I) monitor the timely
submission of reports by
the Internal subCommittee;
and
(j) take any action and/or
measures to ensure an
effective and meaningful
implementation of the
present Regulations.
CHAPTER V
MISCELLANEOUS
16 Confidentiality (1) the contents of the
complaint made under the
present Regulations, the
identity and addresses of
the aggrieved woman,
respondent and witnesses,
any information relating to
the inquiry proceedings,
recommendations of the GSICC
and the action taken by the
GSICC shall be confidential
and shall not be published,
communicated or made known
to the public, press and
media in any manner except
upon the aggrieved woman
submitting a specific
request to do so in writing
and upon the GSICC acceding
to the said request.
(2) Upon the Respondent being
found guilty, information
any be disseminated
regarding the justice
secured to any victim of
sexual harassment under
these Regulations without
disclosing the name,
address, identity or any
other particulars calculated
to lead to identification of
the aggrieved woman and
witnesses.
17 Protection of No suit, prosecution or other
action taken in legal proceedings shall lie
good faith against the Chief Justice/
District Judge/Subordinate
Judge, GSICC and the
Internal subcommittee or
its members in respect of
anything which is done or
intended to be done in good
faith in pursuance of these
Regulations, and the
circulars/orders/
notifications issued
thereunder.
18 Allocation of The Chief Justice, subject
funds to the availability of the
financial and other
resources allocate and
provide suitable funds as
may be prescribed
(a) for the effective
implementation of the
present Regulations;
(b) for development or relevant
information, education,
communication and training
materials, the organization
for awareness programmes,
and for advancement of the
understanding of the public
of the provisions of these
Regulations; or
(c) for organizing orientation
and training programmes for
the members of the GSICC,
Internal subCommittee,
volunteers, counselors etc.
19 Regulations not (1) The provisions of these
in derogation of Regulations shall be in
any other law addition to and not in
derogation of the provisions
of any other law for the
time being in force.
(2) The provisions of the
present Regulations shall
not bar any Court from
taking cognizance of any
offence punishable under any
other enactment or law.
BY ORDER
HON'BLE HIGH COURT OF HIMACHAL PRADESH
Endst. [Link]/Rules/SHR/2014 Dated: 17.7.2014.
Copy forwarded for information and necessary action
to:
1. The Assistant Registrar, Hon'ble Supreme Court of
India, w.r.t. his letter [Link].1430/13/X, dated
7.8.2013.
2. The Principal Private Secretary to Hon'ble the
Acting Chief Justice, High Court of Himachal
Pradesh, Shimla.
3. The Secretary/PA/PS to Registrar General/Rules/
Vigilance /Administration/Judicial.
4. All the District and Sessions Judges in Himachal
Pradesh with a request to circulate the copy of
the aforesaid regulations amongst all the
subordinate Judicial Officers under his/her
control as well as amongst the Presidents of
respective Bar Association.
5. All the Additional Registrars, High Court of HP,
Shimla.
6. The PA to CPC, High Court of Himachal Pradesh,
Shimla.
7. All the Deputy Registrars/Secretaries/Private
Secretaries/Court Masters/Assistant Registrars/
Section Officers/PRO/PO/SPIO High Court of
Himachal Pradesh.
8. The Assistant Registrar(Estt.) with two spare
copies for information and necessary action.
9. The Section Officer (Computer), for information
and necessary action in terms of office order
dated 8.1.2014.
[Link] Technical Director, NIC, High Court of
Himachal Pradesh,Shimla for updating the official
website.
[Link] File.
(Sushil Kukreja)
Registrar (Rules)