• Latest
  • Trending
  • All
Women Lawyers Question Chief Justice Gogoi’s Handling of Sexual Harassment Charge

Women Lawyers Question Chief Justice Gogoi’s Handling of Sexual Harassment Charge

January 5, 2022
Lenders face a desire between debtor guarantor

Lenders face a desire between debtor guarantor

June 25, 2022
Singapore regulation and the frontiers of the era

Singapore regulation and the frontiers of the era

June 25, 2022
Canada Says Facebook Violated Privacy Laws

Canada Says Facebook Violated Privacy Laws

June 25, 2022
TMT Law reboots after break up with Bharucha

TMT Law reboots after break up with Bharucha

June 25, 2022
BVI’s region inside the company/M&A landscape of SE Asia

BVI’s region inside the company/M&A landscape of SE Asia

June 25, 2022
Brothers who helped level assault sue actor’s attorney

Brothers who helped level assault sue actor’s attorney

June 25, 2022
INDIVIOR SHAREHOLDER ALERT BY FORMER LOUISIANA ATTORNEY GENERAL

INDIVIOR SHAREHOLDER ALERT BY FORMER LOUISIANA ATTORNEY GENERAL

June 25, 2022
Attorney General assured Colorado sheriffs will put in force crimson flag law

Attorney General assured Colorado sheriffs will put in force crimson flag law

June 25, 2022
How To Navigate Client Communication As A New Attorney

How To Navigate Client Communication As A New Attorney

June 24, 2022
The attorney can’t recoup prices in public facts case

The attorney can’t recoup prices in public facts case

June 24, 2022
Texas Supreme Court ‘Strongly Encourages

Texas Supreme Court ‘Strongly Encourages

June 24, 2022
Bitfinex Faces Legal Action From NY Attorney General

Bitfinex Faces Legal Action From NY Attorney General

June 24, 2022
  • Home
  • About Us
  • Contact Us
  • Cookie Policy
  • DMCA
  • Disclaimer
  • Terms of Use
Sunday, June 26, 2022
  • Login
Law Renca
  • Home
  • Law
    • Accident Law
    • Business Law
      • Copyright Law
      • Real Estate Law
    • Child Law
    • Women Law
    • Criminal law
    • Family law
    • International Law
      • Cyber law
      • Traffic law
  • Attorney
  • Divorce
  • Legal Advice
  • Contact Us
  • Pages
    • About Us
    • Cookie Policy
    • DMCA
    • Disclaimer
    • Terms of Use
    • Privacy Policy
No Result
View All Result
Law Renca
No Result
View All Result
Home Women Law

Women Lawyers Question Chief Justice Gogoi’s Handling of Sexual Harassment Charge

by Penny Tucker
January 5, 2022
in Women Law
0
0
SHARES
20
VIEWS
Share on FacebookShare on Twitter

A criticism of sexual harassment against the sitting Chief Justice of India turned into despatched (together with testimony and different assisting evidence) to the alternative sitting judges of the Supreme Court of India asking for the constitution of an inquiry committee of senior retired judges to analyze and adjudicate those extreme allegations.

The legal, institutional response to the sort of complaint as mandated underneath the “In-House Procedure” relevant to Judges of the Supreme Court and the High Court, along with the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal Act) Act (“POSH Act”) read with the Supreme Court Sexual Harassment Regulations, 2013, is for the specified inquiry committee to take the focus of the complaint, represent an inquiry committee and supply be aware to the respondent as to the initiation of such lawsuits.

 

Women Lawyers Question Chief Justice Gogoi's Handling of Sexual Harassment Charge 1

Today, in an unheard-of flow beyond the scope of any regarded system or precept of regulation – whether or not under the “in-residence technique” or in the POSH Act or the Supreme Court Sexual Harassment Regulations – a be aware became issued on the Supreme Court website that a ‘unique bench’ became being constituted to maintain court docket at 10:30 am on the mentioning by the solicitor general, even as the court docket has been on vacation on account that Wednesday and is scheduled to reopen best on Monday.

The note states that the purpose of the listening is “to cope with a matter of first-rate public significance touching upon the independence of the judiciary.”

Article Summary show
The observer for the hearing
1. Why changed into the respondent himself sitting in judgment over his very own case?
2. Why have been no girls justices on this Special Bench?
3. What was the reason for this hearing?
4. Can this count number be taken up at the judicial facet?

The observer for the hearing

The bench comprised 3 judges of the Supreme Court, which includes the respondent himself:

1. Why changed into the respondent himself sitting in judgment over his very own case?

That no man shall be a judge in his very own reason is one of the most sacrosanct ideas of herbal justice that the court robotically preaches and enforces within the hundreds of cases it adjudicates each day. As a grasp of the roster, the Chief Justice has the only authority to represent the Bench. Did he not think it in shape to exclude himself from its composition.

2. Why have been no girls justices on this Special Bench?

Justice Indu Malhotra is the chairperson of the Internal Complaints Committee of the Supreme Court and changed into no longer included on this special bench. None of the opposite ladies’ justices of the Supreme Court have been covered both. Given that the POSH Act is crystal clear that the committee inquiring into sexual harassment should be headed by way of a lady and ought to include most ladies, why become this principle no longer observed whilst constituting a unique bench to reply to the criticism?

3. What was the reason for this hearing?

If the unique bench turned into now not assembling to address the grievance (and therefore no longer following the “In House Procedure”/POSH Act/ Sexual Harassment Regulations), then what becomes the purpose of convening a special bench of the court docket? Given that the inquiry is supposed to take region at the back of closed doors even as following a prescribed system, may want to these allegations ever be adjudicated in an open court docket?

4. Can this count number be taken up at the judicial facet?

There is a unique “in-residence system” governing inquiry into allegations in opposition to sitting Judges of the Supreme Court and the High Court. While the said in-residence procedure does not envisage a mechanism to be followed when a complaint is obtained against the Chief Justice of India themselves, it’s miles pertinent to spotlight the system laid out otherwise. Upon receiving a criticism towards a choice of the Supreme Court, the CJI shall study it first. If it is of a critical nature related to misconduct or impropriety, they shall ask for a response from the involved decide. Upon receiving his reaction, if the CJI thinks that the matter needs a deeper probe, he could constitute a committee including 3 judges of the Supreme Court, which shall then conduct an inquiry into the stated Complaint. As such, because the “in house system” prescribes no mechanism for court cases towards the CJI, it’s far clear that a person aggrieved with the aid of the acts of the CJI, in addition to the inquiry to observe, may be guided via the method as laid down for different judges in the “in-residence technique,” which mandates the constitution of a committee. The Supreme Court Sexual Harassment Regulations, 2013 additionally has a selected method to be observed in the event of a grievanc. It doess no longer envisage any open court hearing at the judicial side as a method for responding to criticism.

ShareTweetPin
Penny Tucker

Penny Tucker

Coffee geek. Alcohol scholar. Incurable beeraholic. Bacon buff. Tv advocate. Food fanatic. Crossed the country testing the market for mosquito repellent for the government. At the moment I'm buying and selling terrorism in Ocean City, NJ. Enthusiastic about importing karma in Nigeria. Spoke at an international conference about implementing g.i. joes in Suffolk, NY. Had moderate success analyzing robots in Pensacola, FL. Spent high school summers implementing corncob pipes in Cuba.

No Result
View All Result

Recent Posts

  • Lenders face a desire between debtor guarantor
  • Singapore regulation and the frontiers of the era
  • Canada Says Facebook Violated Privacy Laws
  • TMT Law reboots after break up with Bharucha
  • BVI’s region inside the company/M&A landscape of SE Asia

Archives

  • June 2022
  • May 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021

Categories

  • Accident Law
  • Attorney
  • Business Law
  • Child Law
  • Copyright Law
  • Criminal law
  • Cyber law
  • Divorce
  • Family law
  • International Law
  • Law
  • Legal Advice
  • Real Estate Law
  • Traffic law
  • Women Law

Meta

  • Log in
  • Entries feed
  • Comments feed
  • WordPress.org
Law Renca

Copyright © 2021 Lawrence All Rights Reserved .

Navigate Site

  • Home
  • About Us
  • Contact Us
  • Cookie Policy
  • DMCA
  • Disclaimer
  • Terms of Use

Follow Us

No Result
View All Result
  • Home
  • Law
    • Accident Law
    • Business Law
      • Copyright Law
      • Real Estate Law
    • Child Law
    • Women Law
    • Criminal law
    • Family law
    • International Law
      • Cyber law
      • Traffic law
  • Attorney
  • Divorce
  • Legal Advice
  • Contact Us
  • Pages
    • About Us
    • Cookie Policy
    • DMCA
    • Disclaimer
    • Terms of Use
    • Privacy Policy

Copyright © 2021 Lawrence All Rights Reserved .

Welcome Back!

Login to your account below

Forgotten Password?

Create New Account!

Fill the forms bellow to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In