The Supreme Court on Tuesday agreed to examine a plea to evolve a transparent mechanism to investigate sexual harassment charges against judges.
Senior advocate Indira Jaising sought permission to submit additional material.
The Bench, on Ms. Jaising’s request, directed the Supreme Court’s Secretary General to submit the existing processes and practices dealing with harassment complaints.
Presently, there is an in-house procedure applicable to Supreme Court and High Court judges. However, the proceedings are confidential.
The Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act and the guidelines formed under the Supreme Court Sexual Harassment Regulations do not contemplate a public hearing on the judicial side.
A lacuna that needs to be addressed is when a complaint is filed against the CJI.
The present Supreme Court Internal Complaints Committee mechanism or the 2014 judgment in Additional District and Sessions Judge ‘X’ vs Registrar General High Court of Madhya Pradesh are inadequate for an inquiry into the alleged misconduct by the CJI.
Under the Gender Sensitisation and Sexual Harassment of Women at the Supreme Court of India (Prevention, Prohibition and Redressal) Regulations of 2013, it is the CJI who sets up the Gender Sensitisation and Internal Complaints Committee.
