Source: Supreme Court  

Why in News? 

Justice BV Nagarathna has been appointed as the Chairperson of the Supreme Court's reconstituted Gender Sensitisation and Internal Complaints Committee, succeeding Justice Hima Kohli after her retirement.  

• The committee now includes members such as Justice N Kotiswar Singh, Bansuri Swaraj, and Sakshi Banga, with Menaka Guruswamy and Nina Gupta continuing to represent the SCBA. 

What was Constitution and Composition of the Gender Sensitisation & Internal Complaints Committee for the Supreme Court of India? 

• Section 4 of the Gender Sensitisation & Sexual Harassment of Women at the Supreme Court of India (Prevention, Prohibition & Redressal) Regulations, 2013 deals with Supreme Court Gender Sensitisation and Internal Complaints Committee 
• It shall consist of not less than 7 members and not more than 13 members. 
• The composition includes:  
  • One or two Supreme Court judges, one of whom will be the Chairperson 
  • One or two senior members of the Supreme Court Bar Association 
  • One or two members elected by the Supreme Court Advocates-on-Record Association 
  • One woman member from the Advocates-on-Record Association 
  • One woman member of the Supreme Court Bar Association 
  • At least one outside member nominated by the Chief Justice of India from NGOs or other bodies dealing with women's issues 
• The majority of GSICC members shall be women. 
• The outside member appointed shall be paid fees or allowances as prescribed. 
• The document also outlines conditions under which a chairperson or member of GSICC may be removed, such as being convicted of an offense or failing to constitute an Internal Sub-Committee. 
• The term for GSICC members is two years, with the possibility of re-nomination for one more term. 

The Supreme Court Gender Sensitisation and Internal Complaints Committee, 2024 

What are the Important Sections of Gender Sensitisation & Sexual Harassment of Women at the Supreme Court of India (Prevention, Prohibition & Redressal) Regulations, 2013? 

• Section 5 deals with term of committee 
  • It states the term of committee the term of each member is 2 years, subject to the member being elected/nominated for a maximum period of two terms and a member who has been remove under Section 4(5) shall not be eligible for re-nomination or re-election. 
• Section 6 deals with meeting of committee 
  • GSICC shall meet at least once every three months. 
  • Quorum for meetings is minimum 5 members including the Chairperson. 
  • If the quorum is not present, the meeting shall be adjourned for 30 minutes and then held with available members. 
  • Emergency meetings can be called by the Chairperson with 24 hours notice. 
• Section 7 deals with Function of Meeting  
  • GSICC shall ensure compliance with the Supreme Court's Gender Sensitisation Regulations. 
  • It shall make recommendations to the Chief Justice on issues like safety of women. 
  • GSICC shall organize workshops and training programs for gender sensitization. 
  • It shall bring to the Chief Justice's notice any neglect of the Regulations by any person. 
• Section 8 deals with Complaint of Sexual Harassment  
  • An aggrieved woman can make a complaint of sexual harassment in writing to the GSICC. 
  • If the woman cannot make a written complaint, any member of GSICC shall render reasonable assistance to her for making the complaint in writing. 
  • The complaint can be made by the aggrieved woman, or any person authorized by her. 
  • Where the aggrieved woman is unable to make a complaint due to physical or mental incapacity, a complaint may be filed by her relatives, friends, co-workers, or any person who has knowledge of the incident. 
• Section 9 - Inquiry into complaint 
  • Upon receiving a complaint, GSICC shall constitute an Internal Sub-Committee to conduct a fact-finding inquiry. 
  • The Internal Sub-Committee shall comprise three members of the GSICC, with majority being women and at least one outside member. 
  • The inquiry shall be conducted and completed within 90 days of the Constitution of the Internal Sub-Committee. 
• Section 10 - Inquiry Report 
  • On completion of the inquiry, the Internal Sub-Committee shall provide the Inquiry Report of its findings to the GSICC within 10 days. 
  • If the allegation against the Respondent is proved, the Internal Sub-Committee shall recommend appropriate action to the GSICC. 
  • If the allegation is not proved, it shall recommend that no action is required. 
• Section 11 - Order on Inquiry Report 
  • GSICC shall pass orders either accepting or rejecting the Inquiry Report of the Internal Sub-Committee. 
  • GSICC can pass consequent orders that may be appropriate and necessary for putting an end to the sexual harassment. 
  • Orders may include admonition, admonition with publication, prohibition from entering Supreme Court precincts, or any other order to do justice to the victim of sexual harassment. 
• Section 14 - Powers 
  • GSICC has the power to issue circulars/notifications for carrying out and implementing the provisions of the Regulations. 
  • GSICC can pass any orders to achieve the objectives of the Regulations. 
  • GSICC and the Internal Sub-Committee have powers similar to those vested in a Civil Court under the Code of Civil Procedure, 1908, in certain matters like summoning witnesses, requiring discovery and production of documents, etc. 
• Section 15 - Duties 
  • GSICC shall take measures to provide a safe working environment at the Supreme Court of India premises. 
  • It shall display at any conspicuous place the penal consequences of sexual harassment and the order constituting the Internal Committee. 
  • GSICC shall organize workshops and awareness programs at regular intervals for sensitizing persons carrying out work at the Supreme Court premises. 
  • It shall provide necessary facilities to the Internal Sub-Committee for dealing with complaints and conducting inquiries. 
  • GSICC shall assist in securing the attendance of respondents and witnesses before the Internal Sub-Committee. 

What are the 2015 Guidelines of the Gender Sensitization and Sexual Harassment of Women at Supreme Court (Prevention, Prohibition and Redressal) 

• Constitution of the Internal Sub-Committee:  
  • It consists of three members, with a majority being women, including one outside/external member. 
  •  The external member is paid Rs. 3000 per sitting. 
• Complaint Process:  
  • The aggrieved woman must file a written complaint with supporting documents and witness statements to the GSICC Member-Secretary.  
  • The respondent has 7 days to submit a written response. 
• Inquiry Procedure:  
  • The Internal Sub-Committee provides opportunities for both parties to present their case, including oral hearings that are video recorded.  
  • Confidentiality of proceedings must be maintained. 
• Timeframe:  
  • The inquiry should be completed within 90 days of the Internal Sub-Committee's constitution. 
• Recommendations:  
  • After the inquiry, the Internal Sub-Committee submits a report with findings to the GSICC, recommending appropriate action or closure of the complaint. 
• False Complaints: 
  •  If the complaint is found to be false or malicious, the Internal Sub-Committee may recommend action to deter such false complaints.