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State of Tamilnadu - Section

Section 2 in Gender Sensitisation & Sexual Harassment of Women at the Madras High Court -Principal Seat at Chennai and Madurai Bench at Madurai - (Prevention, Prohibition And Redressal) Regulations, 2013

2. Definitions.

- In these Regulations, unless the context otherwise requires -
(a)"aggrieved woman" means, in relation to the High Court, any female, of any age, whether employed or not, who claims to have been subjected to any act of sexual harassment by any person in the Madras High Court (Principal Seat at Chennai and Madurai Bench at Madurai) precincts.
(b)"appropriate Authority" means in relation to the High Court, the Chief Justice of Madras High Court;
(c)"Chairperson" means the Chairperson of the High Court Gender Sensitization and Internal Complaints Committee (GSICC);
(d)"Chief Justice of Madras High Court" in context of the present Regulations means the Chief Justice of the Madras 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 Madras High Court Gender Sensitization and Internal Complaints Committee constituted under Regulation 4 which further means the Madras High Court Gender Sensitization and Internal Complaints Committee - I for its Principal Seat at Chennai or Madras High Court Gender Sensitization and Internal Complaints Committee - II for its Madurai Bench at Madurai, as the case may be;
(g)"Internal Sub-Committee" means the sub-committee set up under Regulation 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;
(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 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 subjects 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 legal career;
(xi)implied or explicit threat of detrimental treatment in her legal career;
(xii)implied or explicit threat about her present or future legal career;
(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)"High Court precincts" means the whole premises of the Madras High Court including the court Block, open grounds, parking, old and new Chamber Blocks, libraries, canteens, bar-rooms, health centers and/or any other part of the premises of its Principal Seat at Chennai or its Madurai Bench at Madurai under the control of the Hon'ble Chief Justice of the Madras High Court, but does not include the premises of the above nature occupied by other Tribunals and courts subordinate to the Madras High Court within the High Court compound.
(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.