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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24 2025 04 1946)

BENGALURU, FRIDAY , ²⁴, JANUARY , ²⁰²⁵ ( MAGHA , ⁰⁴, SHAKAVARSHA, ¹⁹⁴⁶)

. 53 No. 53 ¨sÁUÀ – 4ಎ Part – IVA

HIGH COURT OF KARNATAKA AT BENGALURU 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

(1)2

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 oc cup a ti o n, t ra d e o r b u s i ne s s w h i ch i nc l u d es a r i gh t t o a s a f e e n vi ro n m e n t f re e fr om s e x u a l h a r a s s m e nt under Article 19(1)(g) of the Constitution of India;

Whereas, sensitization against discrimination on the basis of gender and the protection against sexual ha ras s me nt a nd t he r ight t o work wi th di gn it y a re u ni ve rsa ll y reco gni ze d huma n rights by in terna ti ona l 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;

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 19 t h 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 03 rd 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 17 t h July 2013 was pleased to approve the said re gulations and authorize the issuance of the same and order the enforcement of the Regulations inte ralia havi ng regard to the aforesaid judgments and in terms of Article 142 of the Constitution of India to render full and complete justice;

W h e r e a s t he H o n ' b l e S u p r e m e C o u r t i n i t s o rd e r d a t e d 1 7 . 0 7 . 2 0 1 3 i n W r i t P e t i t i o n (C i v i l ) No.162/2013 has app roved and acc ept ed the afores ai d regula tions and dire cted the Sup rem e Court in i ts admi nist rative jurisdiction to take note of the s ame and to arrange that the same are prom ulgate d and given wide publicity and also directed that, copies of the same be sent to the different High Courts in the different S ta te s , s o th a t they t o o m a y form ul a te t he i r o wn re gu la t i on s i n t he s am e m a nn e r, i n o rde r t o c onta i n 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 harassme nt of Wom en and Transgender Pe rson in the p rec inc ts of th e Karnata ka High Court a nd Dist rict C ou rt s under it s Juris dict ion and for redressal of any complaints that may be lodged in their respective courts;

CHAPTER-I

1 . T i t l e , e x t e n t a n d c o m m e n c e m e n t . - ( 1 ) T h e s e R e g u l a t i o n s m a y b e c a l l e d t h e G e n d e r Sensitization & Sexual Harassment of Women and Transgender Person in the precincts of the Karnataka High Court a nd Di st ric t Courts (Prevent ion, Pro hibi tion an d Redressal) Regulations, 2024.

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

2. D e f i n i t i o n s .- In these Re gulations, unless the context otherwise requires ,- ( a ) " Aggr i eve d W oma n" means , a ny f em ale , of a n y a g e , wh e t he r e m p l o y e d o r n o t , w ho c l a i m s t o ha ve be e n s u b j e c t e d t o a n y a c t o f s e xu a l ha ra ssme nt by a n y pe rso n i n the precincts o f t he High C ou rt of Ka rna taka, Princi pal Seat a t B a nga l ore, i ts B enc he s a t Dhar wad a nd Kalaburagi, including the precincts of Arbitration Centre-Karnataka (Domestic and International) Bangalore, Bangalore Mediation Centre and Karnataka Judicial Academy and als o Dis trict Courts i n 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 a n y a g e , whe ther e m p l o ye d o r n ot , w h o c l a i m s t o ha ve be e n s u bj e c t e d t o any a c t o f s e xu al ha ra ss men t b y any pe rs o n i n t he prec inc t s of t he H igh C our t of Ka rnata ka, Princi pal Sea t at Be nga lur u, its Ben che s a t Dharwad a nd Kala buragi, including the precincts of Arbitration Centre-Karnataka (Domestic and International) Bengaluru, Bengaluru Mediation Centre and Karnataka Judicial Academy and also District C ourt s 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.

( c ) " A p p ro p r i a t e A u t h o r i t y" m e a n s i n r e l a t i o n t o t h e H i g h C o u r t o f K a r n a t a k a , P rinc ipal S e a t a t B a n ga l o r e , i t s B e n c h e s a t D h a r w a d a n d 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 Ka rnataka including the Family Courts, Special Courts, Designated Courts, all Courts of Special Judge and Court of Small Causes, Bangalore, t he Prl. District and Sessions Judge of the concerned District.

(d ) " C h ai r p e rs o n" m ea ns t he C ha i rpe rs o n o f t he G en de r Se ns it i za t i o n a nd Internal Co mpla i nts 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) "Chie f Justice" in t he context of t he present Re gulati ons means The Chief Justice, High Court of Karnataka;

(f) " Dist rict Courts" means and includes all the Trial Courts i.e ., all the Court s 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 Se ssions 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) " Ha bi t ua l R e s p o n de nt" i s a p e rs on a gai n s t wh o m p re vi o u s l y t wo o r m o re c o m pl a i n t s of sexual har a s s m e nt ha ve been re c e i ve d b y t he GSI CC / DC G SIC C o n e a rl ie r occ a si o n, i rr e s pec t i ve of w he t he r t he m a t t e r w a s r e s o l v e d w i t h o r w i t h o u t a n i n q ui r y a n d e x c e pt w h e r e t he respondent h a s b e e n 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 H i g h C o u r t of K a r n a t a k a , P r i n c i p a l S e a t a t B e n g a l u r u , i t s B e n c h e s a t D h a r w a d a n d 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" mea ns a pe rs o n a gai n s t w h o m t h e a ggr i e ved W om a n o r a g g r ie ve d T ra ns ge n d e r Pe rs on ha s m a de 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;

( i i i ) making s e x u a l l y c o l o u r e d r e m a r k s ;

(iv) showing o r exhibiting pornography and/or sexually explicit material by any means;

(v) sending u n d e s i r a b l e 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 o r a g gr i e v e d T r a n s g e n d e r P e r s o n 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 a g g r i e v e d woman/Transgender Person in her private moments;

(viii) any conduct whereby th e Responden t ta kes advantage of his position and subjects the aggrieved woman o r a gg r ie v e d T r a n s ge n d e r Person to any form of sexual harassment and –seeks sexual favours specially while holding out career advancements whe th er explicitly o r imp licitly, as a n in cen tive or a natur a l r es ult of submitting to the insinuations/demands of the Respondent;

(ix) any other unwelcome ph ysical, 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) a n y t r e a t m e n t h a v in g a s e x u a l co lo u r o r co n t e n t l i k e l y t o a f f e c t h e r emotional and/or physical health or safety.

( s ) " T h e p r e c i n c t s o f t h e K a r n a t a k a H i g h C o u r t " means the whol e premi se s of the Hi gh C ourt of Karnataka, Principal Seat, Bengaluru, i t s B e n c he s a t D h a r w a d a n d Kalaburagi, including Arbitration Centre- Karnataka (Domestic and International) Bengaluru, Bengaluru Mediation Centre and Karnataka Judicial Academy, the Court7 Block, Chamber Blocks, libra ries, 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 Cou rt B lock, Chamber Blocks, libra ries, canteens, bar-rooms, health centers, open ground s, 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) C ons ti tu ti on 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 no minated b y Hon'ble th e Chief Justice, one of whom shall be a Wo man.

(b) Two des ignated Senior Advocates with atleast 10 years standin g as a des ignated Senior Ad vocate no minated by Hon'ble The Ch ief Jus tice, one of whom shall be a designated Wo man Sen ior Advocate. In the even t, design ated Woman Senior Advocate with 10 years standing is no t available, it sh all be the discretion of Hon'b le th e Ch ief Justice, to no minate any o ther designated Woman Senior Advocate.

(c) One Senior Woman Advocate with standin g of 20 years and has regu lar practice, as nominated by the Ka rnataka Sta te Bar Council.

(d) One or two members with 10 years standing, to be no minated b y the Ju risd ictional Bar Association, one of who m shall be a Woman , preferab ly a s enio r most member.

(e) One Woman member bein g a member of and propos ed b y the High Court Staff Association and such member is one amongst the top 10 s en ior most Wo man employees.

(f) At leas t one and at the mo st two outsid e members no min ated by the Chief Ju stice, High Court of Karn ataka , who are associa ted with th e Social Welfare Department or Non-Govern ment Organization, having e xperienc e in th e field of social justice and/or have legal knowled ge and who are actively invo lved in protection of Women and Ch ild ren , Women and Ch ild development and/or gender jus tice, out of who m at leas t one memb er sh all be a Wo man .

(g) The Member Secretary no min ated b y Hon'ble the Ch ie f Jus tice, High Court of Karnataka; and

(h) any other member that th e Chief Justice, H igh Court o f Karna taka may deem fit to nominate.

Pro vided that it shall be ensured that the maj ority of the members of GSICC shall be Woman.

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

(1) Dist rict Co urts Gender Sensitization and Internal C ompla int s Commi ttee 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. Di stri ct and Sessions Judge i n the Dist ri ct Cou rts sha ll, b y an order i n writin g, c onstitute a Commi ttee t o be known as District C ourt Gender Sensitiza tion a nd Int e rnal C ompl aints C omm ittee (DC GSICC ) which sha ll c onsist of not less t han 7 m embers and not more than 13 mem bers a nd s hall include the f oll owing a s far as pra cticable:

(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;

(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 outsi de 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) c o n t r a v e n e s o r a t t e m p t s t o c o n t r a v e n e o r a b e t s c o n t r a v e n t i o n o f o t h e r 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 a buse d hi s/ he r 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 orde r of the Chief Justice, High Court of Karnataka in case of High Court, and t he Prl. D i s t r ic t & S es s io ns J u dge/ U n i t He ad i n t he D is tr i ct U ni t s in c a se o f D i s t r ic t J ud ic i a ry . Th e vac a nc y s o cr e a t e d s h a ll be f i ll e d b y f re s h nomination/election in accordance with the provisions of these Regulations.

5. Term of Ge nde r Se nsi ti zation & In te rnal Co mplai nts Commit tee Me mbers.- The te rm o f 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 Hi gh C ourt or Dis t rict C ou rt s , a s the c a se ma y be .-

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

( 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 f orty-ei ght hours . Howe ver, this wi ll not pre vent the C hai rpers on 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.

W h e ne ve r a C o m pl ai n t i s re c e i ve d or a R e p o r t of t he I n t e r na l S ub - C om m i t t e e i s s ub m i t te d, t h e Member-Secretary shall within a period of 7 days request the Chairperson to call either an Ordinary or E m e r ge n c y M e e t i n g t o t a ke ac t i o n o n t h e s a me , a nd t h e C ha i r pe rs on s h al l c a ll a m e et i n g f o r th i s pu rp os e n ot lat e r t ha n 1 5 da ys from the date of t he C om pla int or the Re por t.

I f a Mem be r does not attend 3 consecutive meet ings he/she shal l be liable to removal f orthwith by the Chief Jus tice, 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 vac anc y so c rea ted shall be fi lled in ac cordanc e with these Regulations.

7. Func ti ons of the Ge nder Se ns iti za tio n & I n ter nal Compl ai nts C o mmi t tee .- The f un cti ons of t he GS ICC / DC GSI CC at t he H i gh Co urt or Di st rict C ourt, as t h e ca se ma y be.-

( 1) The Co mmi ttee s hal l be re sp onsi bl e f o r f ra m i n g a Pol ic y f rom t i m e t o t i m e a nd i t s i m p le m e nt at i on wi t h r e ga rd t o ge nde r sens it izat ion and prevent io n and re dressal of Sexual Harassment of Wom an and Transge nder Person i n the prec inc ts of Karnat aka High C ourt or District Courts.

(2) Gender Sensitization and Orientation: The concerned Committee shall take the following steps with regard to gender sensitization and orientation:

( i) C ommitte e wi ll ens ure the promi nent pub lici ty of the Poli c y on gender s ensitizatio n a n d p r e v e n t i o n a n d r e d r e s s a l o f S e x u a l H a r a s s m e n t i n t h e p r e c i n c t s o f K a r n a t a k a H i g h C o u r t o r D i s t r i c t C o u r t s :

( ii) Committee will organize programmes for the gender sensitization of the Karnataka High Cou rt or District Court through works hops, seminars, posters, film shows , de bate s, displays, etc.

( ii i) En v i s a ge s t ha t th e Ann ua l Re p or t s o f t he G S IC C / DCG S IC C o f t h e Ka rna t a ka Hi gh C ou rt a s we l l a s t he Di s t ri c t C ou rt s i n t he S t a t e b e s ubm i t te d by De c 3 1s t e ve ry ye a r t o t h e H on 'b l e t h e C hi e f J us t i ce , H i g h C ou r t o f Ka rn at a ka , i n a dd i t i o n t o t he re s p ec t i ve P rl . D i s t r i ct J ud ge s i n t he Di s t ri c t C o ur t s , ou tl i ni n g t he a c t i vi t i e s u nd e r t a ke n b y i t a n d c ha rt i n g ou t a bl u e pr i n t f or t h e a c t i vi t i e s /s t e ps to be t ak e n u p i n t he f o l lo wi n g ye a r a l o n g wi t h n e c e s s a r y b ud ge t a l l owa nce s r e q u ir e d b y it . The G S IC C / D C G S IC C s ha l l i nc l ude in i t s A n n ua l R e por t t he n um be r o f c a s e s f il e d, i f a ny, a nd t he i r d i s po s al u nd e r t h e s e R e gu la t i on s i n t he a n nua l re po rt .

( iv) C om m i t t ee m a y e nl i s t t he he lp o f N G O's , a s s oc i a ti o n s, vo lu nt e e rs , lawyers, lawyer's bodies, or the concerned legal services authorities to carry out these programmes.

( v) C om m i t t ee 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 GSIC C / DCGS IC C , bu t s ha l l n ot p a rt i ci pa te in t he t as k o f f o rm a l re dre ss a l of complaints under these Regulations and Procedures.

( vi) Committee wi l l 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 o r D i s t r i c t C o u r t s a s t he c a s e m a y b e .

(ii) No Mediation shall conclude without approval of the GSICC/ DC GSICC , 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 a n d f r e e f ro m a n y extraneous consideration or influence.

(iii) C omm ittee will coordi nat e wit h t he securi ty se rvice s of t he Karna taka Hi gh Cour t a nd/o r D istr ict Court s i n the Sta te of Karna ta ka , as t he ca se ma y be, to devise ways and means by which a system of prevention of and crisis management that is ge nde r -se ns iti ve a s wel l as p ro m pt a nd ef fecti ve is put i n pla ce . It w ill maint ai n re gula r contact through the Member Secretary with the security services of the Karnataka High Court and/or District Courts in the State of Karnataka t o ensure that in crisis arising out of incidents of sexual harassment, GSICC/D C GSIC C members, and/or the volunteers identified by it, shall be intimated of such incidents without delay.

(4) C o mpl aint Re dressal.- The GSICC/ DC GSIC C shall ensure that e ver y co mplaint o f an aggr ieved W oma n or Transgender Person is a dequate l y dea lt wi th i n ac co rdanc e wit h the e sta bli she d proce du re and with Complete sensitivity. The GSICC/ DCGSICC shall have the power t o i nquire into and pass orders against the R espondent/deviant/delinquent in a co mpl aint ma de in rel ati on to any form of s exual harassment in the entire preci ncts of t he Karnat aka High Cou rt and/or District Courts as the case may be.

CHAPTER-III

8. Complaint of Sexual Harassment.- (1) Any a ggrieve d W oman or Tr ans ge nde r Pe rs on ma y make a complain t in writi ng of se xua l ha ra ss ment in the p rec incts of Ka rnata ka H i gh C our t a nd/ or Di st rict Cou rt s i n th e St ate of Kar na ta ka t o t he GS IC C/ DCGS IC C (a t the Hi gh C ou rt or Dis trict C ourt, as the ca se ma y be) t h ro ugh t he c once rn ed Me mber Sec reta ry in a cco rdance wi th t he f o rm a n d p roce du re s o notifie d b y i t.

P ro vi ded tha t whe re the a ggri eve d W oma n o r T ran s ge n der Pe rs on i s u nable t o ma ke s uch a com pla int in w riti ng d ue to a n y re a son, t he Me mber of t he G SIC C / DCGSICC or voluntee r , a s t he case m a y be, s hall ren de r a ll rea so nabl e as s is ta nc e t o t he W oma n or T ra ns gende r Pe rs on for making the c om pla int in w rit ing.

(2) Where t he aggri eved Woman or Tra nsgende r Pers on is unabl e t o make a complaint on acc ount of her physical or m ent al incapacit y or de ath or for an y ot her reason, he r legal he ir or suc h other pers on direct ly conc erned wit h her interests ma y ma ke a com pl aint under t his R e gula tion.

9. I nquiry i nto complai nt.- (1) On rec eivin g a complaint and upon being s ati sf ie d with re gard t o the genuineness of the Complaint, the GSICC/ DC GSI CC (at the High C ourt or District Court , as the c ase m ay be) shall constitute an Internal Sub-Committee to conduct a fact finding inquiry, which shall comprise of three members of the GSICC/ DC G SIC C (at the Hi gh Court o r Dis tri ct C ourt , a s the case13 ma y be ) itself, or such other persons as to be so nominated by the GSICC/ DCGSIC C in its meetin g, wit h maj ority members being Women, a nd at lea st one person being an outside member.

(2) The Internal Sub-Commit tee shal l conduct an inquiry and shall hear and d uly record the s t a t e m e n t s o f t he a g g r i e v e d W o m a n o r T r a n s ge n d e r P e r s o n , t h e R e s p o n d e n t , a n d a n y o t he r p e r s o n t h e s a i d p a r t i e s w i s h t o 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. I nquiry Re por t.- (1) On the com pleti on of an inquir y under t he se R egulat ions, the Inte rnal Su b-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/ DC GSI CC (a t the Hi gh Court o r District C ourt , as the case ma y 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/ DC GSICC (at t he Hi gh Court or District Court, as the c ase 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/ DCG SIC C (at the Hi gh C ou rt o r District Cou rt, a s the ca se 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/ DC GSICC (at the High Court or District Court, a s the ca se ma y be) differ from the conclusion of the Internal Sub-Committee, the GSICC/ DCGSI CC (at the Hi gh Cou rt or Distri ct Court, as t he case ma y be) shall after hearing the aggrieve d Woman o r Transgender Person and Respondent in person, record its reasons to so differ and take consequent action accordingly.

(5) The GSICC/ DC GS IC C (at the High Court or Di st ric t Court, a s t he ca se ma y be ) shall pass orders either accepting or rejecting the Inquiry Report of the Internal14 S u b -C om m i tt e e a n d t he re a f t e r pa s s con s e q ue nt o rd e rs t ha t ma y be a p pr o pr i a t e a n d n e c e s s ar y f o r p ut ting an end to the sexual hara ssment a nd take a ll steps to s ecu re j ustice to the victim of sexual harassment within 45 working days of submission of the Inquiry Report of the Internal Sub-Committee, exc luding t he period o f holida ys , and/or va cati on of the High Court and Dist ric t Courts in the State.

Provided that, the validity of the orders of the GSICC/ DC G SIC C (at t he Hi gh C ourt o r Di stri ct Co urt, as t he cas e may be) shall not be called into question upon the same not being passed within the stipulated time.

1 1. Or de rs o n I n qui ry Report.- (1) Subj ect to Regul ation 9(1) a bove , t he GSICC /D CGS ICC (at the Hi gh Court or Dis trict C ou rt, as t he cas e may be) shall h ave th e 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/ DC GSICC (at the Hi gh C ourt or Dis t ric t Court, as t he cas e m ay 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.

(3) The GSICC/ DC GSI C C (at the High C ourt o r District C ou rt, as t he ca s e may b e) 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 t he Distric t Courts in case of District Judicia ry, within 45 working da ys of the su bmission of the Inquiry R eport , excluding t he period of vacati on of the High Court and District Courts and communicate the same to the parties forthwith.

(4) The concerned GSICC/ DC GSI CC (at the High Court or D is trict Court, a s th e case m ay 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 Hi gh Court, the Prl. District & Sessions Judge in case of the District Courts and the GSICC/ DC GSICC (at the High C ourt or Dis trict C ourt, as the ca se ma y be) shall be final and binding on the parties.

12. Represe nta tion.- (1) Any pers on a ggrieved by the order passed (or not passed) b y the G SIC C /DC GS IC C unde r 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 m ake a repre se ntation to the Chief J ustice, High Court of Karnataka in case of High Court, the Prl. District & Sessions Judge/Unit Head in case of the District Courts, who s hall ha ve t he power to set aside or m odify t he orde rs 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, m a y d ee m fit , and al so ha ve t he p owe r t o is sue suc h or de rs or di rec ti ons that m a y 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. Res tr aint Or der .- (1 ) On the receipt of a Complaint and duri ng the pendency of an Inquiry, on a written request made by the aggrieved Woman or Transgender Person, the GSICC/ DCG SICC (at the Hi gh Court or Di strict C ourt , 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 pas s 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/ DC GSIC C (at the Hi gh C ourt o r District C ourt, as the ca se ma y 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

1 4. P o w e r s o f G S I C C & I n t e r n a l S u b - C o m m i t t e e . - ( 1 ) T h e G S I C C /DC GSI CC (at t he High Court or Di strict C ourt, as t he case ma y b e) s h a l l h a ve t h e p o w e r t o i s s u e circulars/notifications prescribing its procedure and fo r the purpose of carrying out and implementing the provisions of the present Regulations in their spirit and intent.

(2) The GSICC/ DC GSI C C (at the High C ourt o r District C ou rt, as t he ca s e 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/DC GSICC (at the Hi gh C ourt or Dist ric t C ourt , as t he case may be ) and the Internal Sub-Committee shall have the same powers as are vested i n a Civil C ourt unde r 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) r e q u i ri n g t h e d i s c o ve ry a n d p ro d uc t i on of d oc u me n t s ; a n d

(c) a n y o t h e r m a t t e r w h i c h m a y b e a s s p e c i f i e d .

(4) The GSICC/ DC GSI CC (at t he High C ourt or District C our t, as t he cas e 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/ DC GSI C C (at the High Court or Dist ric t Court, as t he case ma y 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.

1 5. Duties.- The GSICC/ DCG SIC C (at the Hi gh Court o r Dist ri ct Court, as t he ca se m ay 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- s i t e , t h e p e n a l c o n s e q u e n c e s o f s e x u a l h a r a s s m e n t s a n d t h e o r d e r 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) o bt a i n s uc h i nf o rma t io n f or t he In te rna l Su b-C o m mi t tee as i t m a y r e q ui re 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) m o ni t o r the time ly s ub mi s si on of rep orts by t he I nte rnal S ub- C omm it t ee; a nd

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

CHAPTER-V

1 6. Co nf identiality.- (1 ) The c ont e nt s o f th e c o m pl a i n t m a de un de r t he p re se n t R e gu l a t i on s , t he i de nt i t y a nd a dd re s se s o f t he a ggr i eve d W o m a n/ T ra ns ge nde r per s on, re s ponde nt a nd w i t nes s es , a ny i nf or m a ti on re la t i n g t o t he i nq ui ry p ro c e ed i ngs , re co m m en dat ion s o f t he G SIC C/ DC GSICC (at the Hi gh C ourt or Dist rict Court, a s the case may be ) a nd th e act i on t a ke n b y the G SIC C / DC GSICC (at the High Court or Dis trict C ourt, as t he cas e may be ) s ha l l b e conf ide ntial and shall not be publis hed, com munic ated or made known to the public, press and media in any manner except upon the aggrieved R.N.I. No. KARBIL/2001/47147 POSTAL REGN. No. RNP/KA/BGS/2202/2017-19

Licensed to post without prepayment WPP No. 29718 Woman/Transgender person submitting a specific request to do so in writing and upon the GSICC/ DCGS ICC acceding to the said request.

(2) Upon the Responde nt being found guilty, i nformation may be di ssem inated rega rding the justice s e c ure d to a n y v i c t i m o f s e xu a l ha ra s s m e nt un de r t he s e R e g u l at i on s wi t h ou t d i s c l os i n g t h e na m e , address, identity or any other particulars calculated to lead to the identification of the aggrieved Woman/Transgender person and witnesses.

1 7. Prote ction of action taken in good faith.- No suit, prosecution or othe r le gal proceedings sha ll 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 J udge /Uni t Head, DC GSI CC 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. Allo cation 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 t he ef fe c ti ve im pl e men tati o n of t he pres ent Re gula tio ns ;

(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

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