KARNATAKA STATE BAR COUNCIL SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) RULES, 2015

Contents

CHAPTER-1

  1. Short tile, extent and commencement
  2. Definitions

CHAPTER-II

  1. Application of the Rules
  2. PreventiveAction

CHAPTER-III

  1. Composition of the Sexual Harassment Complaints and Redressal Committee (Internal Complaints Committee)
  1. Composition
  2. Appointment
  3. Tenure
  4. Disqualification ofChairpersonandMembers
  5. Vacancy
  6. Resignationofamember
  7. Quorum
  8. Proceedings
  9. Meetings
  10. Contact details
  1. Functions of the Sexual Harassment Complaints and Redressal Committee

CHAPTER-IV

Complaint, enquiry, punishments and penalties

  1. Complaints procedure of Sexual Harassment
  2. Procedurefor Inquiry
  3. Powers of the SHCRC
  4. Composition of the District Sexual Harassment Complaints and Redressal

Committee (Internal Complaints Committee)

  1. Terms and conditions of office of the Chairperson and members of the

DSHCRC

  1. Powers and functions of the DSHCRCs
  2. Punishmentandpenalties

CHAPTER-V

Miscellaneous

  1. Determination of Compensation
  2. Obligations of the State Bar Council
  1. Thirdpartyharassment
  2. False or Malicious complaint
  3. Penalty for Contravention of Rule 14
  4. Appeal
  1. Budget
  2. Fees or allowance of Chairperson and members of the Sexual Harassment

Complaints and Redressal Committee

  1. Savings
  1. Annual Report

CHAPTER-1

Preamble

WHEREAS sexual harassment at workplace results in violation of the Fundamental Rights of a woman 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 and Right to practice her profession under Article 19(1) (g) of the Constitution which includes a Right to a safe environment free from sexual harassment;

AND WHEREAS protection against sexual harassment and the right to work with dignity are universally recognised Human Rights by international conventions and instruments such as Convention on the Elimination of all Forms of Discrimination against Women, 1979 which has been ratified on the 9th July, 1993 by the Government of India;
AND WHEREAS it is expedient to make provisions for giving effect to the said Convention for protection of women against sexual harassment at workplace;

In keeping with the provisions of the Constitution (Articles 14, 15, 19(1) (g) and 21) and International Conventions, the Sexual Harassment of Women At Workplace (Prevention, Prohibiting and Redressal) Bill was introduced in Parliament and was passed by the Lok Sabha on 3rd September 2012. The Bill was passed by the Rajya Sabha on 26th February 2013. The Act received the assent of the President on the 22nd April, 2013. It was published in the Gazette of India, Extraordinary, Part-II, Section-1, dated the 23rd April 2013 as Act No. 14 of 2013.

The Act uses a definition of sexual harassment which was laid down by the Honourable Supreme Court of India in Vishaka v. State of Rajasthan(AIR 1997 SC 3011), wherein it was established that actions resulting in violation of one’s rights to ‘Gender Equality’ and ‘Life and Liberty’ are in fact violation of the victim’s Fundamental
Right under Article 19 (1)(g). Sexual harassment violates a woman's rights in the workplace and is thus not just a matter of personal injury.

In keeping with the Provisions of the Sexual Harassment of Women At Workplace (Prevention, Prohibiting and Redressal) Act, 2013 and the direction of the Honourable Supreme Court of India in its order dated 19th October 2012 in Medha Kotwal & others V. Union of India & others (W.P. (Criminal) Nos. 173-177 of 1999) and in pursuance of the representation dated 28th February 2014 made by lady Advocates, in pursuance of the opinion of the Honourable High Court of Karnataka in Sumana Baliga.M v. Committee for Prevention of Sexual Harassment of Women at Workplace, High Court of Karnataka (W.P. No. 8914/2012), Karnataka State Bar Council, as the Principal Body concerned with the welfare and well being of Advocates in the state of Karnataka, recognisingtheneedforapolicy to deal with Sexual Harassmentby a resolution dated 01-10-2014 appointed a Sexual Harassment Complaints and Redressal Committee for Lady Advocates in the state of Karnataka.

SexualHarassmentof Lady Advocates occurringintheir workplaceorinothersettingsin which Lady Advocates may findthemselvesin connectionwith their professional work, is unlawfulandwillnotbetoleratedby the Karnataka State Bar Council. The Karnataka State Bar Council endeavours toprotect Lady Advocates from harassment in their work place. Toachieve this goalofprovidingaworkplacefreefromsexualharassment, thispolicy providesa procedure to deal with inappropriate conductifencounteredby Lady Advocates.

The Karnataka State Bar Council will takeallegations ofsexualharassmentseriously, and will respond promptlytocomplaints ofsexualharassmentandwhereitisdetermined thatsuch inappropriate conducthasoccurred,promptactionwillbetakenandimposesuch correctiveactionasisnecessary,includingdisciplinaryactionwhereappropriate. In furtherance of the above, Karnataka state Bar Council has framed the following Rules:

1. Short tile, extent and commencement

  1. These Rules may be called the Karnataka State Bar Council Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2015.
  1. These Rules are framed to provide protection against sexual harassment of lady Advocates at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto.
    These Rulesextendtoall Lady Advocates enrolled on the Rolls of the Karnataka State Bar Counciland also includes prevention and redressal of thirdparty harassment of a Lady Advocate.
  1. These Rules will come into force on the date specified by the Karnataka State Bar Council at the time of adopting these Rules.
  1. Definitions
  1. “Act”- means the Sexual Harassment of Women at Workplace (Prevention,

Prohibition and Redressal) Act, 2013.

  1. “Aggrieved woman”- means a woman who is enrolled as an Advocate on the

Rolls of the Karnataka State Bar Council.

  1. “Chairperson”- means Chairperson of the Sexual harassment Redressal Committee of the Karnataka State Bar Council.
  1. “Complaint”- means complaint made under Section 9 of the Act.
  1. “Complainant”- means the aggrieved woman who submits a complaint of sexual harassment.
  1. “Court”- means all courts of law within and outside the state of Karnataka including quasi-judicial bodies and Tribunals where the aggrieved woman appears in the capacity of an Advocate.
  1. “District Sexual Harassment Complaints and Redressal Committees” (DSHCRCs)- refers to the Internal Complaints Committeeconstituted under Rule 10 of these Rules. .
  1. “District Officer”- means an officer notified under Section 5 of the Act.
  1. “Employer”- means the Karnataka State Bar Council in consonance with

Section (g)(ii) of the Act.

  1. “Internal Complaints Committee”- refers to the Sexual Harassment Complaints and Redressal Committee and the District Sexual Harassment Complaints and Redressal Committees constituted by the Karnataka State Bar Council.
  1. “Respondent”- means a personirrespective of gender against whom the aggrieved woman has made a complaint under Section 9 of the Act.
  1. “Member”- refers to member of the Sexual harassment Redressal Committee of the Karnataka State Bar Council.
  1. “NGO”-for thepurposeofthispolicymeansanynon-governmental organization operatingonasecularnon-profitbasisandinvolvedin counselling and issues related to women.
  1. “Sexual Harassment” includes any one or more of the following "unwelcome” acts or behaviour(whetherdirectlyorbyimplication) namely:

a) Physical contact andadvances, or

b) A demandor request for sexualfavours (eitherimplicitly orexplicitly), or

c) making sexuallycoloured remarks, or

d) showingpornography;or

e)Any other unwelcome physical, verbal or non-verbal conduct (or communication) of asexualnature.

It may also include:

(i)Implied or explicit promise of preferential treatment in her profession; or

(ii)Implied or explicit threat of detrimental treatment in her profession; or

(iii)Implied or explicit threat about her present or future professional status; or

(iv)Interference with her work or creating and intimidating or offensive or

hostile work environment for her; or

(v)Humiliating treatment likely to affect her physical and mental health or

safety.

Whileitisnotpossibletolistallcircumstancesthatmayconstitute sexualharassment, thefollowing aresomeexamplesofconductwhichif unwelcome, mayconstitutesexualharassment depending uponthetotalityofthe circumstanceincludingtheseverityoftheconductanditspervasiveness:

  1. Unwelcomesexualadvances—whethertheyinvolvephysicaltouchingornot:
  2. Eve-teasing (orstalking)
  3. Sexualepithets,jokes,writtenororalreferencestosexualconduct,gossip regardingone’ssexlife;commentonanindividual’s body,commentaboutan individual’ssexualactivity,deficiencies,orprowess
  4. Inquiriesintoone’ssexualexperiences

e. Discussiononone’ssexualactivities

g. Unsavouryremarks (orstares)

h. Jokescausingorlikelytocauseawkwardnessorembarrassment

i. Innuendosandtaunts

j. Genderbasedinsultsor sexistremarks

k. Unwelcomesexualovertoneinanymanner suchasovertelephone(obnoxious telephonecalls,emails,letters] andthelike

l. Touching or brushing against any part of the body and the like (either physicallyorthroughanextensione.g.,useofstickorscaletotouchthebody

partofanotherperson)

m. Displayingpornographicorotheroffensiveorderogatorypictures,cartoons, pamphletsor sayings

n. Forciblephysicaltouchormolestation

o. Physicalconfinementagainstone'swillandanyotheractlikelytoviolateone's privacy

p. Actorconductbyapersoninauthoritywhichcreatestheenvironmentat workplacehostileorintimidatingtoa personbelongingtothe female sex

q.behaviour that creates an environment that is intimidating, hostile, or offensiveformembersof the female sex,and thusinterfereswithaperson’sabilityto work.

  1. “Sexual Harassment Complaints and Redressal Committee” (SHCRC) – refers to the Internal Complaints Committeeconstituted under Rule 5 of these Rules.
  1. “State Bar Council”- refers to the Karnataka State Bar Council constituted under Section 3 of the Advocates Act, 1961.
  1. “Workplace”- includes:

i)all court premises throughout the state of Karnataka

ii)court premises outside the state of Karnataka where the aggrieved woman is present by virtue of discharging her professional duties as an Advocate.

iii)law chambers where the aggrieved woman is present by virtue of discharging her professional duties as an Advocate.

iv)any other place within or outside the state of Karnataka where the

aggrieved woman is present by virtue of discharging her professional duties as an Advocate.

CHAPTER-II

  1. Application of the Rules

These Rules willbeapplicableto:

a) All allegations of sexual harassment by an aggrieved woman against another Advocate,which is allegedtohavetakenplace at the workplace;

b)All allegationsofsexualharassmentmadebyan aggrieved woman againsta non-Advocate/ third partywhich isallegedtohavetakenplace at the work place;

c) Casesofheterosexualaswellas samesexharassment;

  1. PreventiveAction

Consistentwiththe Act, the Karnataka State Bar Council shalltakeallreasonable stepstoensurepreventionof sexualharassmentat its workplace.Suchstepsshallinclude:

(i) Providing a safe working environment at all the court premises within the state

of Karnataka in close co-ordination with the Registrars of the respective courts.

(ii)Circulating this policytoallpersonsemployed byorinanywayactinginconnectionwiththeworkand/or functioningof Court premises within the state of Karnataka.

(iii)Displaying in conspicuous places of court premises, the penal consequences of sexual harassment; and the order constituting the Sexual Harassment Redressal Committee.

(iv) Conducting orcausingtocarryoutgendertrainingonsexualharassment

for the staff working within the court premises aswellasmembersofthe Bar

throughout the state of Karnataka at regular intervals.

(iv)Treating sexual harassment if committed by an Advocate, as a misconduct under the Advocates Act, 1961.

(v) Giving wide publicity to these Rules including uploading thispolicyandrelatedinformation on the State Bar Council website. Including

CHAPTER-III

  1. Composition of the Sexual Harassment Complaints and Redressal Committee (Internal Complaints Committee)

(1)Inordertoaddressgrievancesduetosexualharassment and to effectively redress the same,aSexualHarassment Complaints and Redressal Committee (hereinafterreferredtoas SHCRC) shall be setup.

a.Composition:

  1. The SHCRC shall consist of seven members including the Chairperson.
  1. The Chairperson shallbea Lady Advocate of considerable seniority and experience in the legal profession.
  1. At least four members shallbewomenincluding theChairperson.
  1. At least two other members excluding the Chairperson shall be Lady Advocates of eminent standing in the legal profession.
  1. One member should be a representative of an NGO with considerable experience in issues pertaining to women.
  1. The President of the State Bar Council shall be an ex officio member of the SHCRC.
  1. In addition to the President of the State Bar Council, a senior male member of the State Bar Council shall be a member of the SHCRC.
  1. A Secretary shall be nominated by the SHCRC from amongst its members.

b.Appointment: The members of the SHCRCshallbeselected and appointed by the State Bar Council.

c.Tenure:Membership totheSHCRCincluding the Chairperson shallbeforaperiod ofthreeyears from the date of appointment.

d. Disqualification ofChairpersonandMembers: The Chairperson or a membershallbedisqualified from continuing as the Chairperson or memberofthe SHCRCas the case may be, if:

i) He/she contravenes the provisions of Section 16 of the said Act (prohibition of

publication or making known contents of complaint and enquiry proceeding as

envisaged under the Right to Information Act, 2005) or

ii)He/she 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;orcriminalchargesaremade andprimafacieestablished against him/her or

iii)He/she is found guilty of any disciplinary proceedings or a disciplinary proceeding is pending against him/her or

iv)If he/she is an Advocate, uponhim/herceasingtobe an Advocate or upon his /her ‘sanad’ being suspended or

v) He/she remainsabsent withoutpermissionof theSHCRCCommitteefortwo

consecutivemeetings of the SHCRCor

vi) He/she has so abused his/her position in the SHCRC as to render his/her continuance in such position prejudicial him/her so discharging duties in the SHCRC.

e.Vacancy: IntheeventofanyVacancy intheSHCRCCommitteeduetoresignation,termination ordeathorforanyotherreasonwhatsoeverthesameshall (withina periodoftwo monthsofsuchvacancy)befilledinaccordancewiththeproceduresprescribed inthese Rules.

f.Resignationofamember:AmemberoftheCommitteemayresign from his/heroffice atanytimebygivinghis/herresignation totheChairperson. In the case of theChair person, shemayresign from herofficeatanytimebygivingherresignation tothe Chairperson of the State Bar Council.

g.Quorum:Aquorumof 5membersisrequiredtobe presentfor theproceedingsto takeplace.ThequorumshallincludetheChairperson andatleastfour memberstwoof whomshallbe women.

h. Proceedings: TheCommitteeshallbe governedbysuchrulesas enacted under the Act.

  1. Meetings:Allmeetings oftheSHCRCCommitteeshalltakeplace in the premises of the State Bar Council or at any other notified venue.
  1. Functions of the Sexual Harassment Redressal Committee

The SHCRC shall:

a)undertake awareness programmes for Advocates and court staff on sexual harassment of women at workplace throughout the state of Karnataka.

b)ensure prominent publicity of these Rules in all court premises throughout the state of Karnataka.

c)assist Bar Associations throughout the state of Karnataka to set up Sexual Harassment Redressal Committees in their respective districts.

d)address sexual harassment grievances of Lady Advocates.

e)inquire into complaints of sexual harassment by aggrieved women.

f)maintainaregistertoendorsethecomplaintreceivedby itand keep thecontentsconfidential, excepttousethesame fordiscreetinvestigation.

g)assist the aggrieved woman in obtaining appropriate remedies in instances where sexual harassment is proved.

h)ensurethatvictimsandwitnessesarenotvictimizedordiscriminated becauseoftheircomplaint.

i)undertake any other related activities as authorised by the State Bar Council from time to time.

CHAPTER-IV

Complaint, enquiry, punishments and penalties

  1. Complaints of Sexual Harassment

i)Ifany Lady Advocate believesthatshehasbeensubjected to sexual harassment,such Advocate or where she is unable due to physical or emotional trauma suffered due to the incident, then the relative /nextfriend/co-workerofthe aggrieved woman mayfile a complaintwith the SHCRC within a period of 3 months from the date of incident.

ii)In case of a series of incidents, complaint may be filed within a period of 3 months from the last incident.

iii)The complaint shallbe in writing(typed/written) and signedby the aggrieved woman, relative /nextfriend/co-workerofthe aggrieved woman.If unableto write,thecomplainant shallfileacomplaintorally,butdocumented byher witness,dulysignedbythecomplainant.

iv)At the time of filing the complaint, the complainant shall submit to the SHCRC, eight copies of the complaint along with supporting documents and names and addresses of the witnesses, if any

v)Acompliantmaybefiledat the office of the State Bar Council. Within 2 days of so filing the complaint shall be scrutinised by the Secretary of the SHCRC.

  1. Procedurefor Inquiry

a)At thefirstmeeting,the SHCRC shallhearthe Complainantand recordherallegations.

b) The Complainant mayalso submit any corroborative or supporting material, oralor documentary, tosubstantiateher complaint alongwith a list of witnesses if any.

c)Thereafter the SHCRC may issue notice to the Respondent along with a copy of the Complaint within seven working days from the date of the complaint.

d)The Respondent shall file his reply along with documents if any as also a list of names and addresses of witnesses if any to be produced in support of his case, within ten working days from the date of receipt of the Complaint.

e)The SHCRC may before initiating the inquiry, at the request of the aggrieved woman or suo motu take steps to settle the matter between her and the Respondent through conciliation;

f)In case of settlement the SHCRC shall record the settlement so arrived at and forward the same to the State Bar Council for approval, as also to take action as specified in the recommendation.

g)The parties shall be provided copies of the settlement.

h)Where the conciliation/settlement fails or if the aggrieved woman informs the SHCRC that the terms or conditions of the settlement have not been compiled by the Respondent, the SHCRC shall immediately proceed with the inquiry.

i)The SHCRC shallprepareand handovera copy of theStatementofAllegationstothe Respondentagainstwhom complaintismade andgive himanopportunityto submitawrittenexplanation within tenworkingdaysof receiptofthesame.

j)TheComplainantshallbeprovidedwithacopyofthewrittenexplanation submittedbytheRespondent.

k)If theComplainantor theRespondent desiresany witness or witnessestobecalled, she or heshallcommunicateinwriting tothe SHCRC thenamesofwitnessor witnesseswhomtheyproposetocall.

l)If the Complainant or the Respondent desires to tender any documentsby way of evidence before the SHCRC, she/he shall supply original copies of such documents. The Complainant or the Respondent shallaffixhis/hersignature ontherespectivedocumentstocertifythesetobeoriginalcopies. If original copies are not in possession of the party propounding the same, the concerned party may produce a copy of such document, attesting the same to be a true copy of the original.

m)The SHCRC shallcalluponallwitnessesmentionedbyboththeparties.

n)The SHCRC shall provide every reasonable opportunity to the Complainant andtotheRespondent,forputting forwardanddefendingtheirrespectivecase.

o)The SHCRC shall make an inquiry into the complaint in accordance with the principles of natural justice. Accordingly,

(a)Bothpartiesshallbegivenreasonableopportunitytobeheardalong withwitnesses andtoproduceanyotherrelevantdocumentbefore theSHCRC.

(b) Uponcompletionoftheenquiry,boththeparties,totheextent appropriate,willbeinformedofthedecisionoftheCommittee.

p) Theenquiry intoacomplaint shallbeconductedinsuchawayastomaintain confidentiality totheextentpracticable.It shallincludeprivate discussionswith thepersonfilingthecomplaint/respondentand withwitnesses.

q)If so required, the SHCRC shall ensurethattheComplainant getstheassistanceofaprofessional Counsellor.

r)TheSHCRC shallbeempoweredtodoall that is necessarytoensurea fair hearingof

thecomplaintincludingallthingsnecessarytoensurethatcomplainant or witnessesareneithervictimisednordiscriminatedagainstwhiledealingwitha complaintof sexualharassment.

s)TheSHCRC shall have thediscretionto makeappropriateinterim recommendations

during pendency of the inquiry.

t)The SHCRC shall have the power to give an exparte decision on the Complaint if the

Respondent does not attend two consecutive sessions of the SHCRC inquiry proceeding.

Provided, no such Exparte decision shall be passed without giving a notice fifteen days in advance to the Respondent.

u)All complaints shall be treated as confidential and be heard and finally

determinedwithinaperiodofninetydays ofthecomplainthavingbeenmade.A

reportofthecase,findingsandrecommendatoryaction(ifany)proposedbythe

SHCRC shall becompletedwithinthistime.

v)Thereportof the SHCRC shallbe treatedas an inquiry reportonthebasisofwhich appropriate action may be taken against the Respondent.

w) ThefindingsalongwithrecommendedactionmadebytheSHCRC shall be

forwardedtothe State Bar Council fornecessaryaction within 10 daysofsuch

recommendationbeingmade.

x)In the event, the complaint does not fall under the purview of Sexual

Harassmentor thecomplaintdoesnotdisclose an offenceof SexualHarassment; the

samewouldbe droppedafterrecordingthereasonsthereof.

  1. Powers of the SHCRC

(a)The SHCRC shall be deemed as a Disciplinary Committee under Section 9 of the Advocates Act, 1961 empowered to inquire into complaints under Section 35 of the Advocates act, 1961 and shall exercise all powers as vested in the Disciplinary Committee under the Advocates Act.

(b)The Sexual Harassment Redressal Committee shall have the powers as are vested in a Civil Court under Civil Procedure Code, 1908 in respect of the following matters;

•Summoning and enforcing the attendance of any person and examining him or her on oath;