I have filed Writ Petition Civil 5565/2024 against the Delhi High Court for failure to comply with the sexual harassment (PoSH) Act & to comply with the Supreme Court directions in Aureliano Fernandes vs. State of Goa.
WP Crl 437/ 2018 filed by me along with Contempt Cases 1174/2023, 382/2024, 391/2024, 408/2024, 409/2024, 417/2024, 418/2024, 419/2024 all filed by me are listed for hearing before Delhi High Court tomorrow. I will attend.
IN THE HIGH COURT OF DELHI AT NEW DELHI
ORIGINAL CIVIL JURISDICTION
WRIT PETITION CIVIL NO. 5565 OF 2024
IN THE MATTER OF
Seema Sapra … Petitioner
Versus
Delhi High Court through the Registrar General … Respondent
WRIT PETITION UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE FOR DIRECTIONS TO THE DELHI HIGH COURT THROUGH THE REGISTRAR GENERAL TO COMPLY WITH THE DIRECTIONS OF THE SUPREME COURT IN SUB-PARAGRAPHS (i) AND (ii) OF PARAGRAPH 77 OF THE JUDGMENT DATED 12 MAY 2023 IN AURELIANO FERNANDES VERSUS STATE OF GOA AND OTHERS, AND FOR DIRECTIONS TO THE DELHI HIGH COURT THROUGH THE REGISTRAR GENERAL TO COMPLY WITH THE PROVISIONS OF THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013
The Petitioner abovenamed respectfully submits as under:
1. The Supreme Court of India issued the following binding directions in its Judgement dated 12 May 2023 in Civil Appeal No. 2482 of 2014 in the matter of Aureliano Fernandes versus State of Goa and Others for the more effective implementation of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. These directions are also addressed to the Delhi High Court and are binding on the Delhi High Court.
| O. DIRECTIONS 77. To fulfil the promise that the PoSH Act holds out to working women all over the country, it is deemed appropriate to issue the following directions : (i) The Union of India, all State Governments and Union Territories are directed to undertake a timebound exercise to verify as to whether all the concerned Ministries, Departments, Government organizations, authorities, Public Sector Undertakings, institutions, bodies, etc. have constituted ICCs/LCs/ICs, as the case may be and that the composition of the said Committees are strictly in terms of the provisions of the PoSH Act. (ii) It shall be ensured that necessary information regarding the constitution and composition of the ICCs/LCs/ICs, details of the e-mail IDs and contact numbers of the designated person(s), the procedure prescribed for submitting an online complaint, as also the relevant rules, regulations and internal policies are made readily available on the website of the concerned Authority/Functionary/ Organisation/Institution/Body, as the case may be. The information furnished shall also be updated from time to time. (iii) A similar exercise shall be undertaken by all the Statutory bodies of professionals at the Apex level and the State level (including those regulating doctors, lawyers, architects, chartered accountants, cost accountants, engineers, bankers and other professionals), by Universities, colleges, Training Centres and educational institutions and by government and private hospitals/nursing homes. (iv) Immediate and effective steps shall be taken by the authorities/ managements/employers to familiarize members of the ICCs/LCs/ICs with their duties and the manner in which an inquiry ought to be conducted on receiving a complaint of sexual harassment at the workplace, from the point when the complaint is received, till the inquiry is finally concluded and the Report submitted. (v) The authorities/management/employers shall regularly conduct orientation programmes, workshops, seminars and awareness programmes to upskill members of the ICCs/LCs/ICs and to educate women employees and women's groups about the provisions of the Act, the Rules and relevant regulations. (vi) The National Legal Services Authority (NALSA) and the State Legal Services Authorities (SLSAs) shall develop modules to conduct workshops and organize awareness programmes to sensitize authorities/managements/employers, employees and adolescent groups with the provisions of the Act, which shall be included in their annual calendar. (vii) The National Judicial Academy and the State Judicial Academies shall include in their annual calendars, orientation programmes, seminars and workshops for capacity building of members of the ICCs/LCs/ICs established in the High Courts and District Courts and for drafting Standard Operating Procedures (SOPs) to conduct an inquiry under the Act and Rules. (viii) A copy of this judgment shall be transmitted to the Secretaries of all the Ministries, Government of India who shall ensure implementation of the directions by all the concerned Departments, Statutory Authorities, Institutions, Organisations etc. under the control of the respective Ministries. A copy of the judgment shall also be transmitted to the Chief Secretaries of all the States and Union Territories who shall ensure strict compliance of these directions by all the concerned Departments. It shall be the responsibility of the Secretaries of the Ministries, Government of India and the Chief Secretaries of every State/Union Territory to ensure implementation of the directions issued. (ix) The Registry of the Supreme Court of India shall transmit a copy of this judgment to the Director, National Judicial Academy, Member Secretary, NALSA, Chairperson, Bar Council of India and the Registrar Generals of all the High Courts. The Registry shall also transmit a copy of this judgment to the Medical Council of India, Council of Architecture, Institute of Chartered Accountants, Institute of Company Secretaries and the Engineering Council of India for implementing the directions issued. (x) Member-Secretary, NALSA is requested to transmit a copy of this judgment to the Member Secretaries of all the State Legal Services Authorities. Similarly, the Registrar Generals of the State High Courts shall transmit a copy of this judgment to the Directors of the State Judicial Academies and the Principal District Judges/District Judges of their respective States. (xi) The Chairperson, Bar Council of India and the Apex Bodies mentioned in sub-para (ix) above, shall in turn, transmit a copy of this judgment to all the State Bar Councils and the State Level Councils, as the case may be. 78. The Union of India and all States/UTs are directed to file their affidavits within eight weeks for reporting compliances. List after eight weeks. |
2. A copy of the Supreme Court Judgment dated 12 May 2023 in Civil Appeal No. 2482 of 2014 in the matter of Aureliano Fernandes versus State of Goa and Others is annexed hereto as Annexure 1.
3. The Delhi High Court has constituted an Internal Complaints Committee in terms of Section 4 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The current composition of this Committee after its most recent reconstitution on 16 March 2024 is as follows.
| Presiding Officer Justice Prathiba M. Singh Members Hon'ble Mr. Justice Amit Bansal Hon' ble Ms. Justice Neena Bansal Krishna Hon'ble Ms. Justice Tara Vitasta Ganju Hon' ble Ms. Justice Shalinder Kaur Ms. Maninder Acharya, Senior Advocate Ms. Meena Bhardwaj, Joint Registrar |
4. In Aureliano Fernandes the Supreme Court has reiterated and directed that the composition of the Internal Complaints Committee shall be strictly in terms of Section 4 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
5. The relevant provision of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 on the composition of the Internal Complaints Committees is Section 4 which reads as follows:
| (1) Every employer of a workplace shall, by an order in writing, constitute a Committee to be known as the "Internal Complaints Committee": Provided that where the offices or administrative units of the workplace are located at different places or divisional or sub-divisional level, the Internal Committee shall be constituted at all administrative units or offices. (2) The Internal Committees shall consist of the following members to be nominated by the employer, namely:— (a) a Presiding Officer who shall be a woman employed at a senior level at workplace from amongst the employees: Provided that in case a senior level woman employee is not available, the Presiding Officer shall be nominated from other offices or administrative units of the workplace referred to in sub-section(1): Provided further that in case the other offices or administrative units of the workplace do not have a senior level woman employee, the Presiding Officer shall be nominated from any other workplace of the same employer or other department or organisation; (b) not less than two Members from amongst employees preferably committed to the cause of women or who have had experience in social work or have legal knowledge; (c) one member from amongst non-governmental organisations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment: Provided that at least one-half of the total Members so nominated shall be women. (3) The Presiding Officer and every Member of the Internal Committee shall hold office for such period, not exceeding three years, from the date of their nomination as may be specified by the employer. (4) The Member appointed from amongst the non-governmental organisations or associations shall be paid such fees or allowances for holding the proceedings of the Internal Committee, by the employer, as may be prescribed. (5) Where the Presiding Officer or any Member of the Internal Committee,— (a) contravenes the provisions of section 16; or (b) 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; or (c) he has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against him; or (d) has so abused his position as to render his continuance in office prejudicial to the public interest, such Presiding Officer or Member, as the case may be, shall be removed from the Committee and the vacancy so created or any casual vacancy shall be filled by fresh nomination in accordance with the provisions of this section. |
6. The composition of the Internal Complaints Committee constituted by the Delhi High Court is not in compliance with Section 4 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Compliance with The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in this respect has now been mandated by the Supreme Court in its Judgment in Aureliano Fernandes.
7. It is submitted that under Section 4 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the Presiding Officer of the Delhi High Court's Internal Complaints Committee cannot be a Judge of the Delhi High Court. Section 4 mandates that the Presiding Officer must be a senior woman employee at the work place. A High Court Judge cannot be described as an employee for the purpose of Section 4.
8. Section 4 mandates that at least two other members of the ICC must be employees.
9. Section 4 also requires one NGO Member or a Person familiar with issues of sexual harassment.
10. The Internal Complaints Committee (ICC) of the Delhi High Court has 5 Judges of the High Court, one lawyer and one employee of the High Court Registry. It is submitted that this composition is not in compliance with Section 4 of the The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
11. The Petitioner submits that in order to comply with The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the Delhi High Court must set up multiple Internal Complaints Committee for various distinct group workplaces that function and intersect in the physical premises of the Delhi High Court.
12. The following distinct groups have workplaces operating inside the Delhi High Court premises. Each of these group workplaces requires a separate Internal Complaints Committee under The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. This list is indicative and not exhaustive.
| 1 | Workplace comprised of Delhi High Court Registry Employees including contractual staff, judicial researchers and judicial interns |
| 2 | Workplace comprised of Judges |
| 3 | Workplace comprised of Advocates practicing and appearing in the Delhi High Court |
| 4 | Workplace comprised of Delhi High Court Bar Association employees |
| 5 | Workplace comprised of court clerks |
| 6 | Workplace comprised of vendors operating inside Delhi High Court premises and their staff |
13. The composition of the Internal Complaints Committee will necessarily have to vary from group to group.
14. It is submitted that the jurisdiction of the present Internal Complaints Committee of the Delhi High Court is not spelt out. This is another violation of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The jurisdiction of the Internal Complaints Committee must necessarily be spelt out in the Order or Directive constituting such Committee.
15. The Supreme Court in Aureliano Fernandes has also directed that "It shall be ensured that necessary information regarding the constitution and composition of the ICCs/LCs/ICs, details of the e-mail IDs and contact numbers of the designated person(s), the procedure prescribed for submitting an online complaint, as also the relevant rules, regulations and internal policies are made readily available on the website of the concerned Authority/Functionary/ Organisation/Institution/Body, as the case may be. The information furnished shall also be updated from time to time." The Delhi High Court has not complied with either The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in respect of these requirements or with these directions of the Supreme Court in Aureliano Fernandes.
16. No information about the Internal Complaints Committee of the Delhi High Court is available on the website of the Court except the notification of its constitution, its reconstitution from time to time and of its composition.
17. Section 19 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 provides as follows.
| Section 19. Duties of employer Every employer shall— (a) provide a safe working environment at the workplace with shall include safety from the persons coming into contact at the workplace; (b) display at any conspicuous place in the workplace, the penal consequences of sexual harassments; and the order constituting, the Internal Committee under sub-section (1) of section 4; (c) organise workshops and awareness programmes at regular intervals for sensitising the employees with the provisions of the Act and orientation programmes for the members of the Internal Committee in the manner as may be prescribed; (d) provide necessary facilities to the Internal Committee or the Local Committee, as the case may be, for dealing with the complaint and conducting an inquiry; (e) assist in securing the attendance of respondent and witnesses before the Internal Committee or the Local Committee, as the case may be; (f) make available such information to the Internal Committee or the Local Committee, as the case be, as it may require having regard to the complaint made under sub-section (1) of section 9; (g) provide assistance to the woman if she so chooses to file a complaint in relation to the offence under the Indian Penal Code (45 of 1860) or any other law for the time being in force; (h) cause to initiate action, under the Indian Penal Code (45 of 1860) or any other law for the time being in force, against the perpetrator, or if the aggrieved woman so desires, where the perpetrator is not an employee, in the workplace at which the incident of sexual harassment took place; (i) treat sexual harassment as a misconduct under the service rules and initiate action for such misconduct; (j) monitor the timely submission of reports by the Internal Committee. |
18. Section 21 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 provides as follows.
| Section 21. Committee to submit annual report (1) The Internal Committee or the Local Committee, as the case may be, shall in each calendar year prepare, in such form and at such time as may be prescribed, an annual report and submit the same to the employer and the District Officer. (2) The District Officer shall forward a brief report on the annual reports received under sub-section (1) to the State Government. |
19. Section 22 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 provides as follows.
| Section 22. The employer shall include in its report the number of cases filed, if any, and their disposal under this Act in the annual report of his organisation or where no such report is required to be prepared, intimate such number of cases, if any, to the District Officer. |
20. Section 26 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 provides as follows.
| Section 26. Penalty for non-compliance with provisions of Act. (1) Where the employer fails to— (a) constitute an Internal Committee under sub-section (1) of section 4; (b) take action under sections 13, 14 and 22; and (c) contravenes or attempts to contravene or abets contravention of other provisions of this Act or any rules made thereunder, he shall be punishable with fine which may extend to fifty thousand rupees. (2) If any employer, after having been previously convicted of an offence punishable under this Act subsequently commits and is convicted of the same offence, he shall be liable to— (i) twice the punishment, which might have been imposed on a first conviction, subject to the punishment being maximum provided for the same offence: Provided that in case a higher punishment is prescribed under any other law for the time being in force, for the offence for which the accused is being prosecuted, the court shall take due cognizance of the same while awarding the punishment; (ii) cancellation, of his licence or withdrawal, or non-renewal, or approval, or cancellation of the registration, as the case may be, by the Government or local authority required for carrying on his business or activity. |
21. Despite the directions issued by the Supreme Court on 12 May 2023 in Aureliano Fernandes Vs. State of Goa and Others, the Delhi High Court has failed to comply with these directions. The specific violations by the Delhi High Court of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and of the Supreme Court's directions in Aureliano Fernandes which continue to date are as follows.
| i | Instead of identifying specific groups with workplaces in the Delhi High Court premises, and setting up ICCs for those group workplaces, the Delhi High Court has constituted an omnibus Committee comprised of 5 Judges, one lawyer and one Registry Officer. This does not amount to compliance with The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. |
| ii | The jurisdiction of the ICC constituted by the Delhi High Court has not been spelt out. |
| Iii | The composition of the Delhi High Court ICC is not in compliance with The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. |
| iv | The Delhi High Court website does not provide the details of the e-mail IDs and contact numbers of the designated person(s) who can be contacted with a complaint of sexual harassment. |
| v | The Delhi High Court website does not provide information about the procedure prescribed for submitting an online complaint to the ICC of the Delhi High Court. |
| vi | The Delhi High Court website does not provide the relevant rules, regulations and internal policies of the Delhi High Court which have been framed to comply with The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. |
| vii | The Delhi High Court has not framed an internal policy to prevent sexual harassment on its premises. |
| viii | The Delhi High Court has not framed rules setting out the procedure for making a complaint to its ICC under The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The procedure for making a PoSH complaint both online, or through email, or through a letter is required to be published on the website of the Court. This has not been done. |
| ix | The Delhi High Court has not formulated and has not published rules, regulations, procedures and policies for compliance with The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and for the receipt and handling and disposal of complaints of sexual harassment received by its ICC. |
| x | The Delhi High Court website does not provide any information about the functioning of its Internal Complaints Committee since it was first constituted. No information is available as to number of complaints received, number of complaints pending, number of complaints disposed. No information has been provided as to when this Committee has met and as to what it has achieved. By way of comparison, the Supreme Court provides periodic reports of the functioning of its Gender Sensitisation Committee. |
| xi | The Delhi High Court has failed to comply with Section 19 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. |
| xii | The Delhi High Court has failed to provide a safe working environment at the workplace with shall include safety from the persons coming into contact at the workplace; |
| xiii | The Delhi High Court has failed to display at any conspicuous place in the workplace, the penal consequences of sexual harassments; and the order constituting, the Internal Committee under sub-section (1) of section 4. |
| xiv | The Delhi High Court has failed to organise workshops and awareness programmes at regular intervals for sensitising the employees with the provisions of the Act and orientation programmes for the members of the Internal Committee in the manner as may be prescribed; |
| xv | The Delhi High Court has failed to comply with Section 21 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. No Annual Reports have been prepared or submitted by the ICC constituted by the Delhi High Court. |
| xvi | The Delhi High Court has failed to comply with Section 22 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. It has not provided the required information on PoSH complaints in its Annual Report. |
22. The Petitioner submits that the constitution and periodic reconstitution of an Internal Complaints Committee by the Delhi High Court without any actual compliance with The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 amounts to mere lip service to the cause of preventing and punishing sexual harassment inside Delhi High Court premises. There appears to have been no application of mind in constituting the Internal Complaints Committee of the Delhi High Court when it was first set up. Over the years, the Committee has been reconstituted several times but again with no application of mind. Is this Internal Complaints Committee even functional? There is no procedure prescribed for making a complaint of sexual harassment. There is no email or contact address at which a complaint of sexual harassment can be sent. The failure of the Delhi High Court to implement The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 on its own premises appears intended at discouraging victims of sexual harassment from making complaints.
23. There is similar non-compliance with The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and with the directions of the Supreme Court in Aureliano Fernandes by the District Courts in Delhi as the Delhi High Court has failed to exercise its supervisory power to ensure compliance by the District Courts and has also failed to lead by example.
24. The present Writ Petition is in the interest of justice. No other similar petition seeking similar relief has been filed by the Petitioner.
25. Though this Petition also involves public interest, it is not being filed as a PIL as the Petitioner, a lawyer, and who has been sexually assaulted and sexually harassed by two lawyers Soli Sorabjee (now deceased) and Raian Karanjawala is personally aggrieved by the failure of the Delhi High Court to implement The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and by the failure of the Delhi High Court to comply with the Supreme Court decision in Aureliano Fernandes. The Petitioner intends to make complaints to the Delhi High Court's Internal Complaints Committee under The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 for harassment, threats, intimidation, gaslighting, stalking, deliberate planned crowding with invasion of her personal space, damage to property, smears, defamation, abuse, physical attacks, poisoning and physical harm she is being subjected to inside Delhi High Court premises. The Petitioner is therefore personally aggrieved by the failure of the Delhi High Court to provide an email address or a mechanism/ procedure to make complaints to the Internal Complaints Committee of the Delhi High Court and by the other failures of the Delhi High Court enumerated above in complying with the PoSH Act and in complying with the Supreme Court's directions in Aureliano Fernandes.
26. Section 3 of the PoSH Act provides
| Section 3. Prevention of sexual harassment (1) No woman shall be subjected to sexual harassment at any workplace. (2) The following circumstances, among other circumstances, if it occurs, or is present in relation to or connected with any act or behavior of sexual harassment may amount to sexual harassment:— (i) implied or explicit promise of preferential treatment in her employment; or (ii) implied or explicit threat of detrimental treatment in her employment ; or (iii) implied or explicit threat about her present or future employment status; or (iv) interference with her work or creating an intimidating or offensive or hostile work environment for her; or (v) humiliating treatment likely to affect her health or safety. |
PRAYER
It is, therefore, most respectfully prayed that in the aforesaid circumstances this Hon'ble Court may be pleased to:
(i) Direct the Delhi High Court through its Registrar General to comply with all applicable provisions of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013;
(ii) Direct the Delhi High Court through its Registrar General to comply with the directions of the Supreme Court in Aureliano Fernandes versus State of Goa and Others issued in respect of compliance with The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013;
(iii) Direct the Delhi High Court through the Registrar General to ensure the safety of the Petitioner inside Delhi High Court premises as the Petitioner (who has made complaints of sexual assault and sexual harassment against lawyers Soli Sorabjee and Raian Karanjawala) is being harassed, threatened, intimidated, gaslighted, stalked, deliberately crowded and jostled with invasion of her personal space, smeared, defamed, abused, physically attacked, poisoned and physically harmed inside Delhi High Court premises, and whose property is also being deliberately damaged inside Delhi High Court premises;
(iv) Direct the Delhi High Court through its Registrar General to apply its mind as to whether the presently constituted Internal Complaints Committee under Section 4 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 amounts to compliance with the Act;
(v) Direct the Delhi High Court through its Registrar General to ensure that the composition of its presently constituted Internal Complaints Committee is compliant with the requirements of Section 4 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013;
(vi) Direct the Delhi High Court through its Registrar General to define and publish the jurisdiction of the Internal Complaints Committee constituted by the Delhi High Court under Section 4 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013;
(vii) Direct the Delhi High Court through its Registrar General to identify and define distinct groups having workplaces in Delhi High Court premises and to ensure the constitution of compliant Internal Complaints Committees for each group and to ensure compliance with The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 for each group;
(viii) Declare that the Delhi High Court has failed to comply with The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 because instead of identifying specific groups with workplaces in the Delhi High Court premises, and setting up Internal Complaints Committees for all those distinct group workplaces, the Delhi High Court has constituted a single omnibus Committee comprised of 5 Judges, one lawyer and one Registry Officer without spelling out its jurisdiction, and because the composition of this Committee is not in compliance with Section 4 of the Act;
(ix) Direct the Delhi High Court through its Registrar General to publish on the website of the Court, the details of the e-mail IDs and contact numbers of the designated person(s) who can be contacted with a complaint of sexual harassment;
(x) Direct the Delhi High Court through its Registrar General to publish on the website of the Court, information about the procedure prescribed for submitting an online complaint of sexual harassment to the Internal Complaints Committee of the Delhi High Court;
(xi) Direct the Delhi High Court through its Registrar General to publish on the website of the Court, the relevant rules, regulations and internal policies of the Delhi High Court which have been framed to comply with The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013;
(xii) Direct the Delhi High Court through its Registrar General to framed an internal policy to prevent sexual harassment on its premises in compliance with The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013;
(xiii) Direct the Delhi High Court through its Registrar General to frame and publish rules setting out the procedure (for online, email and letter complaints) for making a complaint to its Internal Complaints Committee under The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013;
(xiv) Direct the Delhi High Court through its Registrar General to formulate and publish rules, regulations, procedures and policies for compliance with The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and for the receipt, handling and disposal of complaints of sexual harassment received by the Internal Complaints Committee/s constituted under the Act;
(xv) Direct the Delhi High Court through its Registrar General to publish on the Delhi High Court website, information on the functioning of its Internal Complaints Committee since it was first constituted, including information on the number of complaints received, number of complaints pending, number of complaints disposed, details of meetings of this Committee and details of what this Committee has undertaken or achieved;
(xvi) Direct the Delhi High Court through its Registrar General to comply with Section 19 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013;
(xvii) Direct the Delhi High Court through its Registrar General to provide a safe working environment at the workplace i.e., inside Delhi High Court premises for the Petitioner-lawyer (who is a victim of sexual harassment) which shall include safety from the persons coming into contact at the workplace;
(xviii) Direct the Delhi High Court through its Registrar General to display at any conspicuous place in the workplace, the penal consequences of sexual harassment and the order constituting the Internal Complaints Committee under sub-section (1) of section 4 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013;
(xix) Direct the Delhi High Court through its Registrar General to organise workshops and awareness programmes at regular intervals for sensitising stakeholders/ employees with the provisions of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and to organize orientation programmes for the members of the Internal Complaints Committee/s in the manner prescribed by the Act and Rules framed thereunder;
(xx) Direct the Delhi High Court through its Registrar General to comply with Section 21 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 prescribing for the preparation and submission of Annual Reports by the Internal Complaints Committee/s constituted by the Delhi High Court;
(xxi) Direct the Delhi High Court through its Registrar General to comply with Section 22 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and to provide the required information on sexual harassment complaints in its Annual Report, which should be published on the Delhi High Court website;
(xxii) To pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.
FILED BY:
SEEMA SAPRA
PETITIONER IN PERSON
FILED ON: 22 April 2024
IN THE HIGH COURT OF DELHI AT NEW DELHI
ORIGINAL CIVIL JURISDICTION
WRIT PETITION CIVIL NO. OF 2024
IN THE MATTER OF
Seema Sapra … Petitioner
Versus
Delhi High Court through the Registrar General ...Respondent
AFFIDAVIT
I, Seema Sapra, D/o Late A. R. Sapra, aged 52 years presently living on rent in premises in Rajokri in Maa Ganga Vidyalaya Gali (opposite gali no. 3) Delhi and being targeted, do hereby solemnly state and affirm as under:
1. That I am the Petitioner and am familiar with the facts and circumstances of the case and am competent and authorized to swear this Affidavit.
2. That I have drafted, read and understood the accompanying Writ Petition and I state that the contents of the Petition are based on my personal knowledge and on other sources which I believe to be true and correct.
DEPONENT
VERIFICATION:
I, the above-named Deponent, do hereby verify that the contents of the above Affidavit are true and correct to my knowledge, no part of it is false and nothing material has been concealed there from.
Verified at New Delhi on this 22nd day of April 2024.
DEPONENT
