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This is an archive article published on December 20, 2017

Mumbai: Public prosecutor alleges sexual harassment in court

According to the Act, any “workplace” as defined in its provisions needs to constitute the ICC comprising at least four members who will conduct an inquiry into a complaint made by the aggrieved woman

A public prosecutor has submitted a complaint to a sessions court judge alleging sexual harassment by two defence lawyers. The complainant has said that she was touched inappropriately twice, including once when she was making arguments before the court in a matter.

On Monday, the 37-year-old complainant approached the additional sessions judge and submitted her complaint in a sealed envelope for submission before the Internal Complaint Committee (ICC) formed in pursuance of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, for an inquiry.

She told the court that she was making the complaint before the judge since the incident took place in the courtroom and since she could not find any notification in the sessions court on the composition of the ICC. Court sources confirmed that the complaint had been received by the judge. Both incidents of sexual harassment took place in the same courtroom during hearings in the same matter in the last two weeks, the complainant has alleged.

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On Saturday, the complainant was arguing before the court when she was allegedly touched inappropriately by one of the two lawyers. She told the lawyer to move aside and said she wanted her space. When he did not move, she moved farther and continued to make her submissions. On Monday, the next working day, the complainant approached the court and said she wanted to file a formal complaint with the ICC.

According to the Act, any “workplace” as defined in its provisions needs to constitute the ICC comprising at least four members who will conduct an inquiry into a complaint made by the aggrieved woman. “Under the provisions of the Act, if such an incident takes place, the lawyer can approach the ICC since she works on the premises of the court,” said senior advocate Gayatri Singh.

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