हिंदी
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No law in its ultimate effect should end up perpetuating the oppression of women ~ Justice S.B. Sinha, in Anuj Garg v. Hotel Assn. Of India (2008) 3 SCC 1, para 47
In compliance of the directions of the Hon’ble Supreme Court of India in the case of Writ Petition (Civil) No. 162 of 2013 , “The Gender Sensitization & Sexual Harassment of Women at High Court of Jharkhand (Prevention, Prohibition and Redressal) Regulations 2021”, has been approved and adopted by Hon’ble High Court of Jharkhand, Ranchi which has come into force with effect from the date of its publication in the Official Gazette i.e. 19.02.2022. Further, in terms of the provisions contained under Chapter II (Regulation No. 4 to 7) of said Regulation, High Court of Jharkhand Gender Sensitization & Internal Complaints Committee (“Committee”) has been constituted.
Sexual harassment at workplace is considered violation of women’s right to equality, liberty as well as life. It creates an insecure and hostile work environment, which discourages women’s participation in work, thereby adversely affecting their social and economic empowerment and the goal of inclusive growth. Hence, it was crucial to create a mechanism for prevention & regulation of the instances of sexual harassment at workplaces as well as for redressal of the grievances arising out of, or incidental to such cases of sexual harassment was the need of the hour. Therefore, to address these issues, the High Court of Jharkhand Gender Sensitization & Internal Complaints Committee has come into existence..
High Court of Jharkhand Gender Sensitization & Internal Complaints Committee has been constituted under the provisions of ‘THE GENDER SENSITIZATION & SEXUAL HARASSMENT OF WOMEN AT HIGH COURT OF JHARKHAND (PREVENTION, PROHIBITION AND REDRESSAL) REGULATIONS, 2021’ with the aim to prevent sexual harassment of women within the precincts of the High Court of Jharkhand and for redressal of any complaints that may be lodged here.
Protection of working women from gender discrimination and sexual harassment has also been duly emphasized in several legal frame-works, in consonance with which, the High Court of Jharkhand Gender Sensitization & Internal Complaints Committee has been constituted. Some of such important laws in this regard have been discussed below.
The following articles of the Constitution of India guarantees certain fundamental rights to its citizen which includes working women.
Article 14 - Right to equality before the laws and equal protection of the laws.
Article 15 - Prohibition of discrimination on grounds only of religion, race, caste, sex or place of birth.
Article 19 (1) (g) - Right to practice any profession or to carry on any occupation, trade or business to all citizens subject to Art. 19 (6) which enumerates the nature of restriction that can be imposed by the state.
Article 21 - Protection of personal life and liberty. Gender discrimination and sexual harassment results in violation of the aforesaid fundamental rights including the right to practice any profession or to carry on any occupation, trade or business safe environment free from sexual harassment under Articles 19 (1) (g) of the Constitution of India.
Sensitization against discrimination on basis of gender and the protection against sexual harassment as well as 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 (CEDAW), Vienna Declaration on the Elimination of all Forms of discrimination against Women, which had been ratified on the 25th June, 1993 by the Government of India.
Under Section 12 (d) read with Section 12 (f) of the Human Rights Act of 1993, it has been asserted that women have the right to gender equality, to work with dignity and to a working environment safe and protected from sexual harassment or abuse.