Gender Sensitization & Sexual Harassment of Women at District Court, Surat and Courts under the jurisdiction of District Court, Surat (Prevention, Prohibition and Redressal) Regulations, 2013

{
    "id": 16554,
    "slug": "gender-sensitization-sexual-harassment-of-women-at-district-court-surat-and-courts-under-the-jurisdiction-of-district-court-surat-prevention-prohibition-and-redressal-regulations-2",
    "title": "Gender Sensitization & Sexual Harassment of Women at District Court, Surat and Courts under the jurisdiction of District Court, Surat (Prevention, Prohibition and Redressal) Regulations, 2013",
    "short_title": "Gender Sensitization & Sexual Harassment of Women at District Court, Surat and Courts under the jurisdiction of District Court, Surat (Prevention, Prohibition and Redressal) Regulations, 2013",
    "act_number": "(Regulation No 28 of 2014)",
    "act_year": 2013,
    "act_type": "STATE",
    "location": "Gujarat",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Gender Sensitization & Sexual Harassment of Women at District Court, Surat and Courts under the jurisdiction of District Court, Surat (Prevention, Prohibition and Redressal) Regulations, 2013",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) \"aggrieved woman\" means, in relation to the District Court, Surat and Court under the jurisdiction of District Court, Surat, 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 District Court, Surat and Court under the jurisdiction of District Court, Surat, but does not include any female who is already governed by the Gujarat Civil Services (Conduct) Rules, 1971;\n(b) \"appropriate authority\" means, in relation to the District Court, Surat, Principal District Judge of the District Court. Surat;\n(c) \"Chairperson\" means the Chairperson of the Gender Sensitization and Internal Complaints Committee (GSICC), constituted at the District Court, Surat;\n(d) \"Principal District Judge\" in context of the present regulations means the sitting Principal District Judge of the District Court, Surat;\n(e) \"habitual respondent\" is a person against whom a previous complaint of sexual harassment has been received by the GSICC on earlier occasion, irrespective of whether the matter was resolved with or without an inquiry and except where the respondent has been exonerated in the previous complaint;\n(f) \"GSICC\" means the District Court, Surat Gender Sensitisation and Internal Complaints Committee constituted under Regulation 4;\n(g) \"Internal Sub-Committee\" means the Sub-Committee set up under Regulation 9;\n(h) \"Member\" means a member of the GSICC;\n(i) \"prescribed\" means prescribed by the present regulations;\n(j) \"respondent\" means a person against whom the aggrieved woman has made a complaint under the present regulations;\n(k) \"Sexual harassment\" includes any one or more of the following unwelcome acts or behaviour namely:-\n(i) physical contact and advances;\n(ii) a demand or request for sexual favours;\n(iii) making sexually coloured remarks;\n(iv) showing or exhibiting pornography and/ or sexually explicit material by any means;\n(v) sending undesirable sexually coloured oral or written messages, text messages, e-mail messages, or any such messages by electronic, manual or other means;\n(vi) stalking or consistently following aggrieved woman in the precincts of District Court, Surat and Court under the jurisdiction of District Court, Surat and outside;\n(vii) voyeurism including overt or tacit observation by the respondent by any means of the. aggrieved woman in her private moments:\n(viii) any conduct whereby the respondent takes advantage of his position and subjects the aggrieved woman to any form of sexual harassment and seeks sexual favours specially while holding out career advancements, as an incentive or a natural result of submitting to the insinuations demands of the respondent;\n(ix) any other unwelcome physical, verbal or nonverbal conduct of sexual nature;\n(x) any promise of preferential treatment in her legal career with an intention to gain any sexual favour:\n(xi) any threat of detrimental treatment in her legal career with an intention to gain any sexual favour;\n(xii) any threat about her present or future legal career with an intention to gain any sexual favour;\n(xiii) any treatment having a sexual colour or content likely to affect her emotional and/or physical health or safety.\n(l) \"Court\" means the District Court, Surat and Courts under the Jurisdiction of District Court, Surat;\n(m) \"Court precincts\" means the whole premises of the District Court, Surat and Courts under the jurisdiction of District Court, Surat, including the Court Block, open grounds, parking, Chamber Blocks, libraries, canteens, Bar-rooms, health centres and/or any other part of the premises under the control of Principal District Judge of the District Court, Surat;\n(n) \"Volunteer\" means lawyers or other persons enlisted by the GSICC without any remuneration basis for carrying out the objects and purpose of these regulations.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Prevention of sexual harassment.",
            "chapter": null,
            "content": "Chapter-II\nComposition & Constitution of Gender Sensitisation & Internal Complaint Committee",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Constitution of the Gender Sensitization & Internal Complaints Committee.",
            "chapter": null,
            "content": "(a) one or two Judges of the District Court, Surat, in terms of the Judgement in the case of Vishaka, one of whom shall be the Chairperson of the Committee, to be nominated by the Principal District Judge, District Court, Surat;\n(b) one or two senior members of the Bar of the Surat District, with at least 20 years of membership of with the said Bar Association, to be nominated by the Principal District Judge, District Court, Surat one of whom being woman;\n(c) one or two members to be elected by General Ballot of the Bar Association of the Surat District who shall be registered member/s of the said Bar Association for at least ten years out of whom at least one shall be a woman;\n(d) one woman member being a member of the Advocate Clerks' Association of the Surat District, elected by General Ballot of the Advocate Clerks' Association of the Surat District;\n(e) one woman officer in the service of the Court, not below the rank of a Registrar/Deputy Registrar/Superintendent, to be nominated by the Principal District Judge, who shall function as the Member Secretary of the GSICC; and\n(f) any other member that the Principal District Judge may deem fit to nominate.\n(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;\n(b) fails to constitute an Internal Sub-Committee to inquire into a particular complaint;\n(c) fails to take action under Regulation 11;\n(d) contravenes or attempts to contravene or abets contravention of other provisions of these regulations or any notifications/orders Issued thereunder; or\n(e) in the opinion of the Principal District Judge has so abused his/her position as to render his /her continuance in office prejudicial to the exercise of functions of the GSICC;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Term of Gender Sensitization and Internal Complaints Committee members.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Meeting of the Gender Sensitisation and Internal Complaints Committee.",
            "chapter": null,
            "content": "(ii) Members shall be intimated of meetings and agenda in writing and/or by electronic communication, by the Member Secretary.\n(iii) 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 within seven days of the holding of the meeting or the passing of the resolution.\n(iv) The Ordinary Meeting shall be called by the Chairperson with minimum seven days notice to all members.\n(v) Any member of the GSICC may, at anytime, 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 forty eight hours notice.\n(vi) The quorum for all meetings shall be one-third of the members of the GSICC. In the event the quorum is not completed for any meeting an adjourned meeting shall be held within the next ten days following, for which not quorum shall be required.\n(vii) All motions shall be carried by a simple majority of those present and voting at all meetings, except where it is specifically provided for.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Functions of the Gender Sensitization and Internal Complaints Committee.",
            "chapter": null,
            "content": "(i) GSICC will ensure the prominent publicity of the policy on gender sensitization and prevention and redressal of sexual harassment in the Court, in all places in the Court precincts, such as the Court Building, Chamber Blocks, Bar-rooms, library, health centre, canteens etc.\n(ii) GSICC will organize programmes for the gender sensitization of the Court community through workshops, seminars, posters, film shows, debates, displays etc.\n(iii) GSICC shall submit an Annual report by December 31 every year to the Principal District Judge which shall be made public, outlining the activities undertaken by it and charting out a blueprint for the activities/steps to be taken up in the following year along with necessary budget allowances required by it. The GSICC shall include in its Annual Report the number of cases filed, if any, and their disposal under annual report.\n(iv) GSICC may enlist the help of NGOs, associations, volunteers, lawyer's bodies, or the concerned legal services authorities to carry out these programmes\n(v) GSICC 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 any person in need of consultation or guidance. Volunteers will also assist in the gender sensitization, crisis mediation and crises management duties of GSICC, but shall not participate in the task of formal redressal of complaints under these regulations and procedures.\n(vi) GSICC will organize and train members and volunteers to equip them to handle sexual harassment cases including legal and medical aspects of aid.\n(i) GSICC will assist in the mediation of crises arising out of incidents of sexual harassment at the Court precincts.\n(ii) No mediation shall conclude without approval of the GSICC, and the mediated settlement shall be effected and be enforceable only upon it being duly approved by the GSICC, which shall satisfy itself that the said mediation settlement is voluntary, fair, unbiased and free from any extraneous consideration or influence.\nChapter III\nComplaint & Inquiry into Complaint",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Complaint of Sexual Harassment.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Inquiry into complaint.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Inquiry Report.",
            "chapter": null,
            "content": "(ii) Where the Internal Sub-Committee arrives at the conclusion that the allegation against the respondent has been proved, it shall recommend to the GSICC that no action is required to be taken in the matter.\n(iii) Where the Internal Sub-Committee arrives at the conclusion that the allegation against the respondent has been proved, it shall recommend to the GSICC to take appropriate action for gender discrimination and/or sexual harassment.\n(iv) Upon consideration of the material on record and the Inquiry Report of the Internal Sub Committee, if more that two thirds of the members of the GSICC differ from the conclusion of the Internal Sub-Committee, the GSICC shall, after hearing the aggrieved woman and respondent in person, record its reasons to so differ and take consequent action accordingly.\n(v) The GSICC shall pass orders either accepting or rejecting the Inquiry Report of the Internal Sub-Committee and thereafter pass consequent orders that may be appropriate and necessary for putting an end to the sexual harassment and take all steps to secure justice to the victim of sexual harassment within forty five working days of the submission of the Inquiry Report of the Internal Sub-Committee, excluding the period of holidays, and/or vacation of the Court:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Orders on Inquiry Report.",
            "chapter": null,
            "content": "(i) admonition;\n(ii) admonition with publication of such admonition in the Court precincts including cause lists and Court's Website;\n(iii) 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\n(iv) 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.\n(i) debarment of entry into the Court precincts for a specified period extending upto a maximum period of one year; and\n(ii) 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 Principal District Judge may pass orders thereon subject to Regulation 12.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Representation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Restraint Order.",
            "chapter": null,
            "content": "Chapter IV\nPowers & Duties",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Powers of GSICC & Internal Sub-Committee.",
            "chapter": null,
            "content": "(i) summoning and enforcing the attendance of any person and examining him on oath;\n(ii) requiring the discovery and production of documents; and\n(iii) any other matter which may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Duties.",
            "chapter": null,
            "content": "(i) take measures to provide a safe working environment at the Court precincts;\n(ii) display at any conspicuous place in the Court and on its web-site, the penal consequences of sexual harassments and the order constituting the Internal Committee under the present regulations;\n(iii) display at any conspicuous place in the Court and on its web-site, the status and outcome of complaints of sexual harassment, subject to the restrictions contained in Regulation 16;\n(iv) organize workshops and awareness programmes at regular intervals for sensitizing the persons carrying out work at the Court premises with the provisions of the present regulations and orientation programmes for the members of the Internal Committee in the manner as may be prescribed;\n(v) provide necessary facilities to the Internal Sub-Committee for dealing with the complaint and conducting an inquiry;\n(vi) assist in securing the attendance of respondent and witnesses before the Internal Sub Committee;\n(vii) obtain such information for the Internal Sub-Committee as it may require having regard to the complaint;\n(viii) 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;\n(ix) monitor the timely submission of reports by the Internal Sub- Committee; and\n(x) take any other action and/ or measures to ensure an effective and meaningful implementation of the present regulations.\nChapter -V\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Confidentiality.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Protection of Action taken in food faith.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Allocation of funds.",
            "chapter": null,
            "content": "(a) for the effective implementation of the present regulations;\n(b) for development of relevant information, education, communication and training materials, for organization of awareness programmes, and for advancement of the Understanding of the pubic of the provisions of these regulations; or\n(c) for organizing orientation and training programmes for the members of the GSICC, Internal Sub-Committees, volunteers, counselors etc.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Regulations not in derogation of any other law.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 5th November, 2019 [guj342]",
        "Act Number": "(Regulation No 28 of 2014)",
        "Enactment Date": "",
        "Act Year": "2013",
        "Short Title": "Gender Sensitization & Sexual Harassment of Women at District Court, Surat and Courts under the jurisdiction of District Court, Surat (Prevention, Prohibition and Redressal) Regulations, 2013",
        "Type": "STATE",
        "Location": "Gujarat"
    },
    "updated_at": "2026-09-29 21:55:19"
}