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State of Punjab - Section

Section 2 in The Gender Sensitization & Sexual Harassment of Women at the Punjab and Haryana High Court, Chandigarh (Prevention, Prohibition and Redressal) Regulations, 2013

2. Definitions.

- In these Regulations, unless the context otherwise requires:-
(a)"aggrieved woman" means, in relation to the Punjab and Haryana High Court, any female of any age, whether employed or not, who is subjected to any act of sexual harassment by any person in the Punjab and Haryana High Court, Chandigarh precincts;
(b)"Appropriate Authority" means in relation to the Punjab and Haryana High Court, the sitting Chief Justice of Punjab and Haryana High Court;
(c)"Chairperson" means the Chairperson of the Punjab and Haryana High Court Gender Sensitization and Internal Complaints Committee (GSICC);
(d)"Chief Justice" in context of the present Regulations means the sitting Chief Justice of Punjab and Haryana High Court;
(e)"habitual Respondent" is a person against whom a previous complaint of sexual harassment has been received by the GSICC on earlier occasion, irrespective of whether the matter was resolved with or without an inquiry and except where the Respondent has been exonerated in the previous complaint;
(f)"GSICC" means the Punjab and Haryana High Court Gender Sensitisation and Internal Complaints Committee constituted under Regulations 4;
(g)"Internal Sub-Committee" means the Sub-Committee set up under Regulations 9;
(h)"Member" means a Member of the GSICC;
(i)"Prescribed" means prescribed by the present Regulations;
(j)"Respondent" means a person against whom the aggrieved woman has made a Complaint under the present Regulations and who is employed in any capacity and who pursues a career or business in the precincts of Punjab and Haryana High Court, Chandigarh.
(k)"Sexual harassment" includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely:-
(i)physical contact and advances;
(ii)a demand or request for sexual favours;
(iii)making sexually coloured remarks;
(iv)showing or exhibiting pornography and/or sexually explicit material by any means;
(v)sending undesirable sexually coloured oral or written messages, text messages, e-mail messages, or any such messages by electronic, manual or other means;
(vi)stalking or consistently following aggrieved woman in the Punjab and Haryana High Court precincts and outside;
(vii)voyeurism including overt or tacit observation by the Respondent by any means of the aggrieved woman in her private moments;
(viii)any conduct whereby the Respondent takes advantage of his position and subject the aggrieved woman to any form of sexual harassment and seeks sexual favours specially while holding out career advancements whether explicitly or implicitly, as an incentive or a natural result of submitting to the insinuations/ demands of the Respondent;
(ix)any other unwelcome physical, verbal or non-verbal conduct of sexual nature;
(x)implied or explicit promise of preferential treatment in her career or profession;
(xi)implied or explicit threat of detrimental treatment in her career or profession;
(xii)implied or explicit threat about her present or future career or profession;
(xiii)interferes with her work or creating an intimidating or offensive or hostile work environment for her; or
(xiv)any treatment having a sexual colour or content likely to affect her emotional and/or physical health or safety.
(l)"Punjab and Haryana High Court precincts" means the whole premises of the Punjab and Haryana High Court including the Court Block, open grounds, parking, old and new Chamber Blocks, libraries, canteens, bar-rooms, health center and/or any other part of the premises under the control of the Chief Justice of Punjab and Haryana High Court.
(m)"Volunteer' means lawyers or other persons enlisted by the GSICC without any remuneration basis for carrying out the objects and purpose of these Regulations.