Views : Every sexual harassment cases should be dealt with the law which implemented recently -The sexual harassment of women at work place ( Prevention, Prohibition and redressal Act ,2013.
This kind of public allegation is not good for the society ,Victim and the Institution.
The unwanted public attention may turn every allegation into out of proportion.
As per the new law the -Section 16- Prohibits the identity and address of the aggrieved
woman ,respondent and witness .The details of the allegation can not be available the by the right to information act also as per the law.
As per the law every complaint should be dealt with the internal committee of the institution with a confidential manner.
The law has been made as per the guidelines of Supreme Court .
The sexual harassment allegations against the two supreme Court judges are very disappointing .
Be hope that a sexual harassment prevention committee will be formed soon in the Supreme court and it will be dealt with as per the merit of the allegations in a confident manner.
Supreme court is considered as the temple of justice - Its dignity should be protected at any cost.
He won't go the Ganguly way. Former Supreme Court judge Swatanter Kumar has said he will prove that the sexual harassment allegations that an intern has made against him are a "sinister conspiracy" aimed at interfering with his functioning as the chairperson of the National Green Tribunal (NGT).
A day before the Supreme Court is to hear the intern's plea for a probe into the allegations, senior lawyer Raian Karanjawala who Justice (Retd.) Kumar has engaged in his defence told Mail Today: "Tomorrow's hearing will be closely watched. In case the court issues notice, we will file a strong reply in the court on another day countering all the allegations point by point. We are ready to unravel everything and there will be many revelations. I'm not willing to go into the details at this point of time."
That Justice (Retd.) Kumar has hired a senior lawyer to defend him unlike Justice (Retd.) A.K. Ganguly who was also accused of sexual impropriety with an intern and had to eventually step down as the chief of West Bengal Human Rights Commission shows he is willing to put up a fight. Justice (Retd.) Ganguly-who was not assisted by any lawyer- has alleged that he did not get a fair hearing before the three-member probe panel of Supreme Court judges that had looked into the allegations.
"All allegations against my client are entirely false and concocted. My client has dealt with many important cases and the allegation is part of a deep-rooted conspiracy to adversely impact his handling of an extremely sensitive tribunal. It is a sinister conspiracy to besmirch the reputation of my client and interfere with him discharging his official duties," Karanjawala said.
Sources said Justice (Retd) Kumar's old staff members are also preparing affidavits to testify that the intern's allegation of "unwelcome sexual behaviour" is false.
One said nearly a dozen law clerks, interns and staff who worked at that time-between May 16 and May 28, 2011- with the judge are preparing affidavits to testify that there were always one or two persons present inside the judge's room and that it was impossible for such an incident to have happened.
Raj Panjwani, President of the National Green Tribunal Bar Association which on January 11 passed a resolution that Justice (Retd.) Kumar was being "unjustifiably mob-lynched", said he fully agreed with the theory that there was a "deep-rooted conspiracy". " It cannot be ruled out. There were numerous instances of friction between the Ministry of Environment and Forests and the tribunal over suo-motu actions and various orders. His many environmental-friendly orders also rubbed numerous industrialists and businessmen the wrong way," said Panjwani.
It is to be noted that Centre had on September 13, 2013 in an affidavit filed before the Supreme Court accused the National Green Tribunal of exceeding its brief and becoming a source of embarrassment for it in Parliament. The Centre had said the NGT had taken suo motu cognisance of many environmental issues without any jurisdiction and was creating hurdles for many projects.
The intern has challenged the apex court's December 5, 2013 full court resolution in which it was decided that no complaint against retired judges will be entertained. She also submitted that a proper forum must be constituted to conduct an inquiry in such cases and that her complaint also be looked into by the apex court as in the case Justice (Retd.) Ganguly.
The intern has named Justice Kumar, Secretary General of the Supreme Court, and Union of India as respondents in the case. She submitted that Justice Kumar was a sitting judge at the time of the alleged incident and the apex court must look into the complaint as per the Visakha guidelines to deal with complaints of sexual harassment at the workplace.
The law intern filed the petition after the administrative side of the Supreme Court refused to entertain her complaint against Justice Kumar citing its full court resolution of December 5.
The petitioner sought quashing of the resolution and setting up of a mechanism or forum to look into the complaints of sexual harassment.
This kind of public allegation is not good for the society ,Victim and the Institution.
The unwanted public attention may turn every allegation into out of proportion.
As per the new law the -Section 16- Prohibits the identity and address of the aggrieved
woman ,respondent and witness .The details of the allegation can not be available the by the right to information act also as per the law.
As per the law every complaint should be dealt with the internal committee of the institution with a confidential manner.
The law has been made as per the guidelines of Supreme Court .
The sexual harassment allegations against the two supreme Court judges are very disappointing .
Be hope that a sexual harassment prevention committee will be formed soon in the Supreme court and it will be dealt with as per the merit of the allegations in a confident manner.
Supreme court is considered as the temple of justice - Its dignity should be protected at any cost.
Ex-judge Swatanter Kumar claims industrialists, environment ministry 'conspired' to frame him
Harish V. Nair | Mail Today | New Delhi, January 15, 2014 | UPDATED 08:57 IST
A day before the Supreme Court is to hear the intern's plea for a probe into the allegations, senior lawyer Raian Karanjawala who Justice (Retd.) Kumar has engaged in his defence told Mail Today: "Tomorrow's hearing will be closely watched. In case the court issues notice, we will file a strong reply in the court on another day countering all the allegations point by point. We are ready to unravel everything and there will be many revelations. I'm not willing to go into the details at this point of time."
That Justice (Retd.) Kumar has hired a senior lawyer to defend him unlike Justice (Retd.) A.K. Ganguly who was also accused of sexual impropriety with an intern and had to eventually step down as the chief of West Bengal Human Rights Commission shows he is willing to put up a fight. Justice (Retd.) Ganguly-who was not assisted by any lawyer- has alleged that he did not get a fair hearing before the three-member probe panel of Supreme Court judges that had looked into the allegations.
Sources said Justice (Retd) Kumar's old staff members are also preparing affidavits to testify that the intern's allegation of "unwelcome sexual behaviour" is false.
One said nearly a dozen law clerks, interns and staff who worked at that time-between May 16 and May 28, 2011- with the judge are preparing affidavits to testify that there were always one or two persons present inside the judge's room and that it was impossible for such an incident to have happened.
Raj Panjwani, President of the National Green Tribunal Bar Association which on January 11 passed a resolution that Justice (Retd.) Kumar was being "unjustifiably mob-lynched", said he fully agreed with the theory that there was a "deep-rooted conspiracy". " It cannot be ruled out. There were numerous instances of friction between the Ministry of Environment and Forests and the tribunal over suo-motu actions and various orders. His many environmental-friendly orders also rubbed numerous industrialists and businessmen the wrong way," said Panjwani.
The intern has challenged the apex court's December 5, 2013 full court resolution in which it was decided that no complaint against retired judges will be entertained. She also submitted that a proper forum must be constituted to conduct an inquiry in such cases and that her complaint also be looked into by the apex court as in the case Justice (Retd.) Ganguly.
The intern has named Justice Kumar, Secretary General of the Supreme Court, and Union of India as respondents in the case. She submitted that Justice Kumar was a sitting judge at the time of the alleged incident and the apex court must look into the complaint as per the Visakha guidelines to deal with complaints of sexual harassment at the workplace.
The law intern filed the petition after the administrative side of the Supreme Court refused to entertain her complaint against Justice Kumar citing its full court resolution of December 5.
The petitioner sought quashing of the resolution and setting up of a mechanism or forum to look into the complaints of sexual harassment.
No comments:
Post a Comment