Parallel Probes: On Complaint Against CJI
27, Apr 2019
Prelims level : Polity & Governance Mains level : GS-II Governance, Constitution, Polity, Social Justice and International relations
Why in News?
- Justice Patnaik, who retired from the Supreme Court in 2014, was nominated by a three- judge bench of the apex court headed by Justice Arun Mishra, to inquire into allegations of a conspiracy
- HIS inquiry into the alleged conspiracy in the sexual harassment charge against Chief Justice of India (CJI) Ranjan Gogoi will begin only after the in-house administrative inquiry into the woman’s allegations is concluded by three sitting judges, former Supreme Court judge. No time limit has been set for when (my) inquiry report is to be submitted to the Supreme Court,” Justice Patnaik “The inquiry will start after the in-house committee on the charges the lady complainant has levelled is completed
- It is claimed that this “conspiracy” was behind the sexual harassment charge being levelled against CJI Gogoi by a former employee of the Supreme Court who worked in CJI’s home office. The CJI has dismissed the allegations calling them “unbelievable” and an attempt by a “bigger force to undermine the independence of the judiciary and deactivate the office of the ”
- The complaint of sexual harassment should get It is only if the complaint is found to be false that there will be a case to probe whether it was part of a plot to malign the CJI, or a conspiracy. It is unfortunate that the composition of the in-house committee became a controversy. There was concern that there was only one woman member, and the complainant raised the issue of the proximity of one of its members, Justice N.V. Ramana, with the CJI. The idea of the inquiry being wholly ‘in-house’ is in conflict with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, which envisages the presence of an external member. Despite this shortcoming, the committee should try to ensure a fair hearing for the former employee
Protection of Women From Sexual Harassment At Workplace
- In 1997, in the landmark judgment of Vishaka and others v. State of Rajasthan, the Supreme Court of India defined sexual harassment at the workplace, pronounced preventive, prohibitory and redress measures, and gave directives towards a legislative mandate to the guidelines proposed.
The Sexual Harassment At Workplace (Prevention, Prohibition And Redressal) Act, 2013-
- The Sexual Harassment Act (Hereby called as an ‘Act’) was finally enacted in the year 2013 for the prevention of sexual harassment against women at workplace in the whole of The main objective of the act was protection of Women, prevention and redressal of sexual harassment complaints.
- Sexual harassment includes any one or more of the following unwelcome acts or behavior (whether directly or by implication) namely:
- Physicalcontactand advances; or
- A demand or request for sexual favors; or
- Making sexually colored remarks; or
- Showing pornography; or
- Any other unwelcome physical, verbal, or non-verbal conduct of sexual