THE GENDER SENSITISATION & SEXUAL HARASSMENT OF WOMEN AND TRANSGENDER PERSON IN THE PRECINCTS OF THE KARNATAKA HIGH COURT AND DISTRICT COURTS (PREVENTION, PROHIBITION AND REDRESSAL) REGULATIONS, 2024

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NOTIFICATION No.HCLC 100/2013, DATED: 22.01.2025 In exercise of the powers conferred by Article 225 of the Constitution of India and Section 19 of the Mysore High Court Act, 1884 (I of 1884) and all powers thereunto enabling, the High Court of Karnataka with the previous approval of the Government of Karnataka, hereby makes and promulgates the following, in view of the directions of the Hon’ble Supreme Court in W.P.(Civil) 162/2013.

THE GENDER SENSITISATION & SEXUAL HARASSMENT OF WOMEN AND TRANSGENDER PERSON IN THE PRECINCTS OF THE KARNATAKA HIGH COURT AND DISTRICT COURTS (PREVENTION, PROHIBITION AND REDRESSAL) REGULATIONS, 2024.

INDEX Sl. PARTICULARS No.

1. PREAMBLE

2. CHAPTER-I

1. Title, extent and commencement

2. Definitions

3. Prevention of sexual harassment

3. CHAPTER-II

4. Constitution of the Gender Sensitization & Internal Complaints Committee.

5. Term of Gender Sensitization & Internal Complaints Committee Members

6. Meetings of the Gender Sensitisation & Internal Complaints Committee

7. Functions of the Gender Sensitisation & Internal Complaints Committee.

4. CHAPTER-III

8. Complaint of Sexual Harassment

9. Inquiry into Complaint

10. Inquiry Report

(1)2

11. Orders on Inquiry Report

12. Representation

13. Restraint Order

5. CHAPTER-IV

14. Powers of GSICC & Internal Sub-Committee

15. Duties

CHAPTER-V

6.

16. Confidentiality

17. Protection of action taken in good faith

18. Allocation of funds

19. Regulations not in derogation of any other law PREAMBLE

Whereas gender discrimination and sexual harassment results in violation of the fundamental right of a Woman and Transgender Person to equality under Articles 14 and 15 of the Constitution of India and her right to life and to live with dignity under Article 21 of the Constitution of India and right to practice any profession or 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;

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;

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 in the precincts of High Court of Karnataka, Principal Seat at Bangalore and its Benches at Dharwad and Kalaburagi, including Arbitration Centre-Karnataka (Domestic and International), Bangalore Mediation Centre and Karnataka Judicial Academy and the District Courts in the State of Karnataka including the precincts of Family Courts, Special Courts, Designated Courts, all Courts of Special Judge, Labour Courts, Industrial Tribunals, Designated Courts and Court of Small Causes, Bangalore;

Whereas it is necessary to provide for gender sensitization in working environment and protection against sexual harassment of Women and Transgender Person in the precincts of High Court of Karnataka, Principal Seat at Bengaluru and its Benches at Dharwad and Kalaburagi, including Arbitration Centre-Karnataka (Domestic and International), Bengaluru Mediation Centre and Karnataka Judicial Academy and the District Courts in the State of Karnataka including the precincts of Family Courts, Special Courts, Designated Courts, all Courts of Special Judge, Labour Courts, Industrial Tribunals, and Court of Small Causes, Bengaluru and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto;3

Whereas according to the decision in Vishaka Vs. State of Rajasthan rendered by the Hon'ble Supreme Court in its judgment dated 13th August 1997, in Writ Petition (Crl.) Nos.

666-70/92 it is necessary to provide for the protection of Women;

Whereas in the judgment of the Hon'ble Supreme Court in Medha Kotwal Lele Vs.

Union of India & Others, rendered by the Hon'ble Supreme Court on 19th 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 instructions/circulars by all statutory bodies such as the Bar Council of India, Bar Associations and State Bar Councils, 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;

Whereas following upon and in conformity with the above, in Writ Petition (Civil) No. 162 of 2013, Ms. Binu Tamta and Ors. Vs. High Court of Delhi, the Hon'ble Supreme Court of India appointed a committee for framing regulations, to ensure a safe working environment for Women in the precincts of the Hon'ble Supreme Court and the said committee having framed regulations to combat the problem of sexual harassment within the precincts of the Hon’ble Supreme Court of India and for the redressal of any complaint that may be filed in that regard;

Whereas the draft regulations being placed before the Hon'ble Court on 03rd July 2013 and the Hon'ble Supreme Court directed for further consideration of the regulations by the parties concerned and the Attorney General of India;

Whereas upon consideration of all the views placed before the Court, the Hon'ble Supreme Court by order dated 17th July 2013 was pleased to approve the said regulations and authorize the issuance of the same and order the enforcement of the Regulations interalia having regard to the aforesaid judgments and in terms of Article 142 of the Constitution of India to render full and complete justice;

Whereas the Hon'ble Supreme Court in its order dated 17.07.2013 in Writ Petition (Civil) No.162/2013 has approved and accepted the aforesaid regulations and directed the Supreme Court in its administrative jurisdiction to take note of the same and to arrange that the same are promulgated and given wide publicity and also directed that, copies of the same be sent to the different High Courts in the different States, so that they too may formulate their own regulations in the same manner, in order to contain harassment of women in Court premises. It is also observed that, the High Courts may also ensure that the same are implemented at the District level as well;

Whereas following upon and in conformity with the above, the Karnataka High Court appointed a Committee to ensure a safe working environment in the precincts of the Karnataka High Court and District Courts and the said Committee having framed regulations to combat the problem of sexual harassment within the precincts4 of Karnataka High Court, Principal Seat at Bengaluru and its Benches at Dharwad, Kalaburagi, including Arbitration Centre-Karnataka (Domestic and International) Bengaluru, Bengaluru Mediation Centre and Karnataka Judicial Academy and District Courts in the State of Karnataka, including the precincts of Family Courts, Special Courts, Designated Courts, all Courts of Special Judge, Labour Courts, Industrial Tribunals and Court of Small Causes, Bengaluru;

Whereas now these draft regulations are being published as a comprehensive code for prevention of sexual harassment of Women and Transgender Person in the precincts of the Karnataka High Court and District Courts under its Jurisdiction and for redressal of any complaints that may be lodged in their respective courts;

CHAPTER-I

1. Title, extent and commencement.-(1) These Regulations may be called the Gender Sensitization & Sexual Harassment of Women and Transgender Person in the precincts of the Karnataka High Court and District Courts (Prevention, Prohibition and Redressal) Regulations, 2024.

(2) They shall come into force from the date of their publication in the Official Gazette.

2. Definitions.- In these Regulations, unless the context otherwise requires,-

(a) "Aggrieved Woman" means, 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 precincts of the High Court of Karnataka, Principal Seat at Bangalore, its Benches at Dharwad and Kalaburagi, including the precincts of Arbitration Centre-Karnataka (Domestic and International) Bangalore, Bangalore Mediation Centre and Karnataka Judicial Academy and also District Courts in the State of Karnataka including the precincts of Family Courts, Special Courts, Designated Courts, all Courts of Special Judge, and Court of Small Causes, Bangalore, but does not include any female who is already governed by the High Court of Karnataka Service (Conditions of Service and Recruitment) Rules, 1973 and the Karnataka State Civil Services (Conduct) Rules, 2021;

(b) “Aggrieved Transgender Person” means a Transgender Person, as defined under Section 2(k) of THE TRANSGENDER PERSONS (PROTECTION OF RIGHTS) ACT, 2019 of any age, whether employed or not, who claims to have been subjected to any act of sexual harassment by any person in the precincts of the High Court of Karnataka, Principal Seat at Bengaluru, its Benches at Dharwad and Kalaburagi, including the precincts of Arbitration Centre-Karnataka (Domestic and International) Bengaluru, Bengaluru Mediation Centre and Karnataka Judicial Academy and also District Courts in the State of Karnataka including the precincts of Family Courts, Special Courts, Designated Courts, all Courts of Special Judge, and Court of Small Causes, Bengaluru, but does not include any Transgender Person who is already governed by the High Court of Karnataka Service (Conditions of Service and Recruitment) Rules, 1973 and the Karnataka State Civil Services (Conduct) Rules, 2021.5

(c) "Appropriate Authority" means in relation to the High Court of Karnataka, Principal Seat at Bangalore, its Benches at Dharwad and Kalaburagi, including Arbitration Centre-Karnataka (Domestic and International) Bangalore, Bangalore Mediation Centre and Karnataka Judicial Academy, the Chief Justice, High Court of Karnataka and in relation to District Courts in the State of Karnataka including the Family Courts, Special Courts, Designated Courts, all Courts of Special Judge and Court of Small Causes, Bangalore, the Prl. District and Sessions Judge of the concerned District.

(d) "Chairperson" means the Chairperson of the Gender Sensitization and Internal Complaints Committee set up at the High Court or District Courts, as the case may be, constituted under Regulations 4(A) and 4(B) of these Regulations;

(e) “Chief Justice" in the context of the present Regulations means The Chief Justice, High Court of Karnataka;

(f) “District Courts” means and includes all the Trial Courts i.e., all the Courts in the respective Talukas of the Districts, including Family Courts, Special Courts, Designated Courts, all Courts of Special Judge, Labour Courts, Industrial Tribunals and Court of Small Causes within the State of Karnataka;

(g) “District and Sessions Judge” means sitting Prl. District and Sessions Judge/Unit Head of the concerned District;

(h) “Employer” means High Court of Karnataka or District Court, as the case may be, in consonance with Section 2(g)(ii) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013;

(i) “GSICC" means the Gender Sensitisation and Internal Complaints Committee constituted under Regulation 4(A);

(j) “DCGSICC" means the District Court Gender Sensitisation and Internal Complaints Committee constituted under Regulation 4(B);

(k) "Habitual Respondent" is a person against whom previously two or more complaints of sexual harassment have been received by the GSICC/DCGSICC 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/s;

(l) "Internal Sub-Committee" means the Sub-committee set up under the Regulation;

(m) “Karnataka High Court” means and includes High Court of Karnataka, Principal Seat at Bengaluru, its Benches at Dharwad and Kalaburagi, including Arbitration Centre-Karnataka (Domestic and International) Bengaluru, Bengaluru Mediation Centre and Karnataka Judicial Academy;

(n) "Member" means a Member of the GSICC/ DCGSICC;

(o) “Member Secretary” means Member Secretary of High Court Legal Services Committee (HCLSC) to be nominated by Hon’ble the Chief Justice, High Court of6 Karnataka, who shall function as Member Secretary of the GSICC for Karnataka High Court;

and in respect of District Courts, one member of the District Legal Services Authority or one Woman Officer in the service of the District Courts not below the rank of CAO/Sheristedar that the Chairperson of concerned District Court GSICC may deem fit to nominate who shall function as the Member Secretary of the GSICC;

(p) "Prescribed" means prescribed by the present Regulations;

(q) "Respondent" means a person against whom the aggrieved Woman or aggrieved Transgender Person has made a Complaint under the present Regulations;

(r) "Sexual Harassment" includes any one or more of the following unwelcome acts or behaviour (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, e-mail messages, or any such messages by electronic, manual or other means;

(vi) stalking or consistently following aggrieved woman or aggrieved Transgender Person in the precincts of the Karnataka High Court or District Courts and outside;

(vii) (vii) voyeurism including overt or tacit observation by the Respondent by any means of the aggrieved woman/Transgender Person in her private moments;

(viii) any conduct whereby the Respondent takes advantage of his position and subjects the aggrieved woman or aggrieved Transgender Person 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 non-verbal 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;

(xii) implied or explicit threat about her present or future 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.

(s) "The precincts of the Karnataka High Court" means the whole premises of the High Court of Karnataka, Principal Seat, Bengaluru, its Benches at Dharwad and Kalaburagi, including Arbitration Centre- Karnataka (Domestic and International) Bengaluru, Bengaluru Mediation Centre and Karnataka Judicial Academy, the Court7 Block, Chamber Blocks, libraries, canteens, bar-rooms, health centers, open grounds, parking lot and/or any other part of the premises under the control of the High Court;

(t) “The precincts of the District Court” means the whole premises of District and Sessions Judge and the premises of all other Courts of the Judicial District with the Court Block, Chamber Blocks, libraries, canteens, bar-rooms, health centers, open grounds, parking lot and/or any other part of the premises under the control of the District Court;

(u) "Volunteer" means lawyers or other persons enlisted by the GSICC/DCGSICC, without any remuneration basis, for carrying out the objects and purpose of these Regulations.

3. Prevention of sexual harassment.- No Woman or Transgender Person shall be subjected to sexual harassment in the precincts of the Karnataka High Court and/or in the District Courts.

CHAPTER–II

4. Constitution of the Gender Sensitization and Internal Complaints Committee.- 4(A) Constitution of the Gender Sensitization and Internal Complaints Committee in the High court.-

(1) The High Court of Karnataka, GSICC is constituted herein to fulfill a very important public function of sensitizing the public to gender issues and to address any complaints made with regard to sexual harassment in the precincts of Karnataka High Court.

(2) The Chief Justice, shall, by an order in writing, constitute a Committee to be known as "The High Court of Karnataka Gender Sensitisation 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) Two sitting Judges of the High Court nominated by Hon’ble the Chief Justice, one of whom shall be a Woman.

(b) Two designated Senior Advocates with atleast 10 years standing as a designated Senior Advocate nominated by Hon’ble The Chief Justice, one of whom shall be a designated Woman Senior Advocate. In the event, designated Woman Senior Advocate with 10 years standing is not available, it shall be the discretion of Hon’ble the Chief Justice, to nominate any other designated Woman Senior Advocate.

(c) One Senior Woman Advocate with standing of 20 years and has regular practice, as nominated by the Karnataka State Bar Council.

(d) One or two members with 10 years standing, to be nominated by the Jurisdictional Bar Association, one of whom shall be a Woman, preferably a senior most member.8

(e) One Woman member being a member of and proposed by the High Court Staff Association and such member is one amongst the top 10 senior most Woman employees.

(f) At least one and at the most two outside members nominated by the Chief Justice, High Court of Karnataka, who are associated with the Social Welfare Department or Non-Government Organization, having experience in the field of social justice and/or have legal knowledge and who are actively involved in protection of Women and Children, Women and Child development and/or gender justice, out of whom at least one member shall be a Woman.

(g) The Member Secretary nominated by Hon’ble the Chief Justice, High Court of Karnataka; and

(h) any other member that the Chief Justice, High Court of Karnataka may deem fit to nominate.

Provided that it shall be ensured that the majority of the members of GSICC shall be Woman.

4(B) Constitution of the Gender Sensitization & Internal Complaints Committee in the District Courts.-

(1) District Courts Gender Sensitization and Internal Complaints Committee is constituted herein to fulfill a very important public function of sensitizing the public to gender issues and to address any complaints made with regard to sexual harassment of Woman or Transgender Person in their respective Court precincts.

(2) The Prl. District and Sessions Judge in the District Courts shall, by an

order in writing, constitute a Committee to be known as District Court Gender Sensitization and Internal Complaints Committee (DCGSICC) 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 in the District Courts 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 Prl. District & Sessions Judge/Unit Head in the District Unit;

(b) one or two senior members of their respective Court Bar Association, with at least 7 years of membership of the District Court/Civil Judge Court Bar Association or the High Court Advocates Association to be nominated by the Prl. District & Sessions Judge in the District unit, one of whom shall be a Woman;

(c) The Member Secretary nominated by the Chairperson of the DCGSICC;

(d) at least one and at the most two outside members to be nominated by the Chairperson of their respective court’s persons 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;9

(e) any other member that the Presiding Officer/Chairperson of the said Committee may deem fit to nominate.

Provided that, it shall be ensured that the majority of the members of DCGSICC shall be Women.

4(C) The outside Member appointed under Clause 4(A)(2)(h) and 4(B)(2)(e) shall be paid such fees or allowances from the allocated funds for holding the proceedings of the GSICC/DCGSICC as may be specified from time to time.

4 (D) Where the Chairperson or any Member of the GSICC/DCGSICC-

(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 Sub-Committee 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 there under; or

(e) in the opinion of the Chief Justice, High Court of Karnataka in case of High Court, the Prl. District & Sessions Judge/Unit head in the District Courts in case of District Judiciary, has so abused his/her position as to render his/her continuance in office prejudicial to the exercise of functions of the GSICC/ DCGSICC; such Chairperson or Member, as the case may be, shall stand removed forthwith from the GSICC/ DCGSICC by a written

order of the Chief Justice, High Court of Karnataka in case of High Court, and the Prl. District & Sessions Judge/Unit Head in the District Units in case of District Judiciary. The vacancy so created shall be filled by fresh nomination/election in accordance with the provisions of these Regulations.

5. Term of Gender Sensitization & Internal Complaints Committee Members.- The term of each member of the GSICC/DCGSICC shall be for two years, subject to the member being elected/nominated for a maximum period of two terms and a member who has been removed under Regulation 4(D) shall not be eligible for re- nomination or re-election.

6. Meetings of the Gender Sensitization & Internal Complaints Committee.- The meetings of the GSICC/DCGSICC at the High Court or District Courts, as the case may be.-

(1) The Committee shall meet at least once in four months in a calendar year.10

(2) Members shall be intimated of meetings and agenda in 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 Resolutions so passed to all Members of the GSICC/DCGSICC 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.

(5) Any member of the GSICC/DCGSICC 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 from convening an emergency meeting without 48 hours notice.

(6) The quorum for all Meetings shall be one-third of the members of the GSICC/DCGSICC. 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 motions 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 Sub- Committee 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, High Court of Karnataka in case of High Court; the Prl. District & Sessions Judge/Unit Head in the District Courts in case of District Judiciary; and the vacancy so created shall be filled in accordance with these Regulations.

7. Functions of the Gender Sensitization & Internal Complaints Committee.- The functions of the GSICC/ DCGSICC at the High Court or District Court, as the case may be.-

(1) The Committee shall be responsible for framing a Policy from time to time and its implementation with regard to gender sensitization and prevention and redressal of Sexual Harassment of Woman and Transgender Person in the precincts of Karnataka High Court or District Courts.

(2) Gender Sensitization and Orientation: The concerned Committee shall take

the following steps with regard to gender sensitization and orientation:11

(i) Committee will ensure the prominent publicity of the Policy on gender sensitization and prevention and redressal of Sexual Harassment

in the precincts of Karnataka High Court or District Courts:

(ii) Committee will organize programmes for the gender sensitization of the Karnataka High Court or District Court through workshops, seminars, posters, film shows, debates, displays, etc.

(iii) Envisages that the Annual Reports of the GSICC/DCGSICC of the Karnataka High Court as well as the District Courts in the State be submitted by Dec 31st every year to the Hon’ble the Chief Justice, High Court of Karnataka, in addition to the respective Prl. District Judges in the District Courts, 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/DCGSICC shall include in its Annual Report the number of cases filed, if any, and their disposal under these Regulations in the annual report.

(iv) Committee may enlist the help of NGO's, associations, volunteers, lawyers, lawyer's bodies, or the concerned legal services authorities to carry out these programmes.

(v) Committee will enlist and activate an adequately representative team 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 Transgender Person or any person in need of consultation or guidance.

Volunteers will also assist in the gender sensitization, crisis mediation and crisis management duties of GSICC/DCGSICC, but shall not participate in the task of formal redressal of complaints under these Regulations and Procedures.

(vi) Committee 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 Mediation.- Committee shall ensure that there is quick and responsive crisis management, counselling and mediation available to all aggrieved Women or Transgender Person expeditiously which shall include the

following activities:

(i) Committee will assist in the mediation of crisis arising out of incidents of sexual harassment in the precincts of Karnataka High Court or District Courts as the case may be.

(ii) No Mediation shall conclude without approval of the GSICC/DCGSICC, and the mediated settlement shall be effected and be enforceable only upon it being duly approved by the Committee which shall satisfy itself that the12 said mediation settlement is voluntary, fair, unbiased and free from any extraneous consideration or influence.

(iii) Committee will coordinate with the security services of the Karnataka High Court and/or District Courts in the State of Karnataka, as the case may be, to devise ways and means by which a system of prevention of and crisis management that is gender-sensitive as well as prompt and effective is put in place. It will maintain regular contact through the Member Secretary with the security services of the Karnataka High Court and/or District Courts in the State of Karnataka to ensure that in crisis arising out of incidents of sexual harassment, GSICC/DCGSICC members, and/or the volunteers identified by it, shall be intimated of such incidents without delay.

(4) Complaint Redressal.- The GSICC/DCGSICC shall ensure that every complaint of an aggrieved Woman or Transgender Person is adequately dealt with in accordance with the established procedure and with Complete sensitivity. The GSICC/DCGSICC shall have the power to inquire into and pass orders against the Respondent/deviant/delinquent in a complaint made in relation to any form of sexual harassment in the entire precincts of the Karnataka High Court and/or District Courts as the case may be.

CHAPTER-III

8. Complaint of Sexual Harassment.- (1) Any aggrieved Woman or Transgender Person may make a complaint in writing of sexual harassment in the precincts of Karnataka High Court and/or District Courts in the State of Karnataka to the GSICC/ DCGSICC (at the High Court or District Court, as the case may be) through the concerned Member Secretary in accordance with the form and procedure so notified by it.

Provided that where the aggrieved Woman or Transgender Person is unable to make such a complaint in writing due to any reason, the Member of the GSICC/DCGSICC or volunteer, as the case may be, shall render all reasonable assistance to the Woman or Transgender Person for making the complaint in writing.

(2) Where the aggrieved Woman or Transgender Person is unable to make a complaint on account of her physical or mental incapacity or death or for any other reason, her legal heir or such other person directly concerned with her interests may make a complaint under this Regulation.

9. Inquiry into complaint.- (1) On receiving a complaint and upon being satisfied with regard to the genuineness of the Complaint, the GSICC/DCGSICC (at the High Court or District Court, as the case may be) shall constitute an Internal Sub-Committee to conduct a fact finding inquiry, which shall comprise of three members of the GSICC/ DCGSICC (at the High Court or District Court, as the case13 may be) itself, or such other persons as to be so nominated by the GSICC/DCGSICC in its meeting, with majority members being Women, and at least one person being an outside member.

(2) The Internal Sub-Committee shall conduct an inquiry and shall hear and duly record the statements of the aggrieved Woman or Transgender Person, the Respondent, and any other person the said parties wish to examine, subject to the provisions of 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 Sub-Committee.

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 Sub-Committee shall provide the Inquiry Report of its findings along with the complete record of the inquiry proceedings including the pleadings and all the material on record to the GSICC/DCGSICC (at the High Court or District Court, as the case may be) 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/DCGSICC (at the High Court or District Court, as the case may be) 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/DCGSICC (at the High Court or District Court, as the case may be) 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 Sub-Committee, if more than two-thirds of the members of the GSICC/DCGSICC (at the High Court or District Court, as the case may be) differ from the conclusion of the Internal Sub-Committee, the GSICC/DCGSICC (at the High Court or District Court, as the case may be) shall after hearing the aggrieved Woman or Transgender Person and Respondent in person, record its reasons to so differ and take consequent action accordingly.

(5) The GSICC/DCGSICC (at the High Court or District Court, as the case may be) shall pass orders either accepting or rejecting the Inquiry Report of the Internal14 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 Sub-Committee, excluding the period of holidays, and/or vacation of the High Court and District Courts in the State.

Provided that, the validity of the orders of the GSICC/DCGSICC (at the High Court or District Court, as the case may be) shall not be called into question upon the same not being passed within the stipulated time.

11. Orders on Inquiry Report.- (1) Subject to Regulation 9(1) above, the GSICC/DCGSICC (at the High Court or District Court, as the case may be) 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 precincts of concerned courts, including cause lists and Website of High Court and District Courts in the State;

(c) prohibition from harassing the victim in any manner including, but not limited to, prohibition from communicating 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/aggrieved Transgender Person.

(2) GSICC/DCGSICC (at the High Court or District Court, as the case may be) will also have the power to recommend to the Chief Justice, High Court of Karnataka in case of High Court, the Prl. District & Sessions Judge/Unit head in the District Courts in case of District Judiciary, to pass orders against the Respondent including, but not limited, to the following:

(a) debarment of entry into the precincts of Karnataka High Court and/or precincts of District Court in the State of Karnataka, as the case may be 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, High Court of Karnataka in case of High Court, the Prl. District & Sessions Judge/Unit head in the District Courts - may pass orders thereon subject to Regulation 12.15

(3) The GSICC/DCGSICC (at the High Court or District Court, as the case may be) shall pass orders on the Inquiry Report and/or shall make recommendations to the Chief Justice, High Court of Karnataka in case of High Court, the Prl. District & Sessions Judge in the District Courts in case of District Judiciary, within 45 working days of the submission of the Inquiry Report, excluding the period of vacation of the High Court and District Courts and communicate the same to the parties forthwith.

(4) The concerned GSICC/DCGSICC (at the High Court or District Court, as the case may be) and the Internal Sub-Committee 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 under the Advocates Act, 1961) may have been filed with respect to the same complaint/actions.

(5) The Orders of the Chief Justice, High Court of Karnataka in case of High Court, the Prl. District & Sessions Judge in case of the District Courts and the GSICC/DCGSICC (at the High Court or District Court, as the case may be) shall be final and binding on the parties.

12. Representation.- (1) Any person aggrieved by the order passed (or not passed) by the GSICC/DCGSICC under Regulation 11(1), or recommendation made by the Committee to the Chief Justice, High Court of Karnataka in case of High Court, the Prl. District & Sessions Judge in case of the District Courts under Regulation 11(2), or non-implementation of such orders or action may make a representation to the Chief Justice, High Court of Karnataka in case of High Court, the Prl. District & Sessions Judge/Unit Head in case of the District Courts, who shall have the power to set aside or modify the orders passed or the recommendation made as the Chief Justice, High Court of Karnataka in case of High Court, the Prl. District & Sessions Judge/Unit Head in case of the District Courts, 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.

(2) The representation under Regulation 12(1) shall be preferred within a period of ninety (90) days of 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 or Transgender Person, the GSICC/DCGSICC (at the High Court or District Court, as the case may be), if it considers it fit and proper, may recommend specific interim measures to be taken in a signed decision to the Chief Justice, High Court of Karnataka in case of High Court, the Prl. District & Sessions Judge/Unit Head in case of the District Courts, who, on receipt thereof, may pass such interim orders that may be required for the personal safety and for safeguarding the dignity of the aggrieved16 Woman/Transgender person, and both the aggrieved Woman/Transgender person 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/DCGSICC (at the High Court or District Court, as the case may be) shall close and/or strike off the defence of the Respondent and pass final orders under Regulation 10(5) and Regulation 11.

CHAPTER-IV

14. Powers of GSICC & Internal Sub-Committee.-

(1) The GSICC/DCGSICC (at the High Court or District Court, as the case may be) shall have the power to issue circulars/notifications prescribing its procedure and for the purpose of carrying out and implementing the provisions of the present Regulations in their spirit and intent.

(2) The GSICC/DCGSICC (at the High Court or District Court, as the case may be) 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/DCGSICC (at the High Court or District Court, as the case may be) and the Internal Sub-Committee shall have the same powers as are 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 as specified.

(4) The GSICC/DCGSICC (at the High Court or District Court, as the case may be) by Resolution to be passed by two-thirds majority may remove any member of the Internal Sub-Committee 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 Natural-Justice, fair play and has acted with bias in the conduct of the Inquiry.

(5) The GSICC/DCGSICC (at the High Court or District Court, as the case may be) shall at all times have supervisory powers over the Internal Sub-Committee and it may issue directions to the Internal Sub-Committee from time to time in accordance with the provisions of the present Regulations.17

15. Duties.- The GSICC/DCGSICC (at the High Court or District Court, as the case may be) in coordination with and the assistance of the office of the High Court and/or District Court in the State shall-

(1) take measures to provide a safe working environment in the precincts of the Karnataka High Court and/or District Courts as the case may be;

(2) display at any conspicuous place in their respective Courts and on its web- site, the penal consequences of sexual harassments and the order constituting the Internal Committee under the present Regulations;

(3) display at any conspicuous place in their respective Courts and on its web- site, the status and outcome of complaints of sexual harassment.

(4) organize workshops and awareness programmes at regular intervals for sensitizing the persons carrying out work in the precincts of Karnataka High Court and/or District Courts in the State of Karnataka, with the provisions of the present Regulations and orientation programmes for the members of the Internal Sub-Committee in the manner as may be specified by

notification;

(5) provide necessary facilities to the Internal Sub-Committee for dealing with the complaint and conducting an inquiry;

(6) assist in securing the attendance of respondent and witnesses before the Internal Sub-Committee.

(7) obtain such information for the Internal Sub-Committee as it may require having regard to the complaint;

(8) 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;

(9) monitor the timely submission of reports by the Internal Sub- Committee; and

(10) take any other action and/or measures to ensure an effective and meaningful implementation of the present Regulations.

CHAPTER-V

16. Confidentiality.- (1) The contents of the complaint made under the present Regulations, the identity and addresses of the aggrieved Woman/Transgender person, respondent and witnesses, any information relating to the inquiry proceedings, recommendations of the GSICC/DCGSICC (at the High Court or District Court, as the case may be) and the action taken by the GSICC/DCGSICC (at the High Court or District Court, as the case may be) shall be confidential and shall not be published, communicated or made known to the public, press and media in any manner except upon the aggrievedR.N.I. No. KARBIL/2001/47147 POSTAL REGN. No. RNP/KA/BGS/2202/2017-19 Licensed to post without prepayment WPP No. 297 18 Woman/Transgender person submitting a specific request to do so in writing and upon the GSICC/DCGSICC acceding to the said request.

(2) Upon the Respondent being found guilty, information may 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 the identification of the aggrieved Woman/Transgender person and witnesses.

17. Protection of action taken in good faith.- No suit, prosecution or other legal proceedings shall lie against the Chief Justice, High Court of Karnataka, GSICC and Internal Sub Committee or its members in case of High Court; the Prl. District & Sessions Judge/Unit Head, DCGSICC and Internal Sub-Committee or its members in case of District Courts, 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 there under.

18. Allocation of funds.- The Chief Justice, High Court of Karnataka in the case of High Court and the Prl. District & Sessions Judge /Unit Head in the case of District, may, subject to the availability of financial and other resources, allocate and provide

suitable funds as may be specified from time to time:

(a) for the effective implementation of the present Regulations;

(b) for development of relevant information, education, communication and training materials, for organization of 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/DCGSICC, Internal Sub-Committees, Volunteers, Counselors, etc.,

19. Regulations not in derogation of any other law.- (1) The provisions of these Regulations shall be in 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 OF THE HIGH COURT OF KARNATAKA, Sd/- (K.S. BHARATH KUMAR) REGISTRAR GENERAL [ ಮುದ(cid:206)ಕರು (cid:178)ಾಗೂ ಪ(cid:206)(cid:144)ಾಶಕರು:- ಸಂಕಲ(cid:163)ಾ(cid:297)(cid:144)ಾ(cid:312)ಗಳ(cid:133), ಕ(cid:163)ಾ(cid:143)ಟಕ (cid:170)ಾಜ(cid:205)ಪತ(cid:206), ಸ(cid:144)ಾ(cid:143)(cid:312) (cid:144)ೇಂದ(cid:206) ಮುದ(cid:206)(cid:158)ಾಲಯ, (cid:166)ೆಂಗಳ(cid:136)ರು