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State of Gujarat - Section

Section 2 in Gender Sensitization & Sexual Harassment of Women at the High Court of Gujarat (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 of Gujarat, 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 Gujarat High Court precincts, but does not include any female who is already governed by the High Court of Gujarat Service Regulations;
(b)"appropriate authority" means, in relation to the High Court of Gujarat, the sitting Chief Justice of High Court of Gujarat;
(c)"Chairperson" means the Chairperson of the High Court Gender Sensitization and Internal Complaints Committee (GSICC);
(d)"Chief Justice" in context of the present regulations means the sitting Chief Justice of High Court of Gujarat;
(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 High Court of Gujarat Gender Sensitisation and Internal Complaints Committee constituted under Regulation 4;
(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 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 Gujarat 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, as an incentive or a natural result of submitting to the insinuations/ demands of the respondent;
(ix)any other unwelcome physical, verbal or nonverbal conduct of sexual nature;
(x)any promise of preferential treatment in her legal career with an intention to gain any sexual favour;
(xi)any threat of detrimental treatment in her legal career with an intention to gain any sexual favour;
(xii)any threat about her present or future legal career with an intention to gain any sexual favour;
(xiii)any treatment having a sexual colour or content likely to affect her emotional and/or physical health or safety.
(l)"High Court" means the High Court of Gujarat.
(m)"Gujarat High Court precincts" means the whole premises of the High Court of Gujarat including the Court Block, open grounds, parking, Chamber Blocks, libraries, canteens, Bar-rooms, health centres and/or any other part of the premises under the control, of the Honorable Chief Justice of the High Court of Gujarat;
(n)"volunteer" means lawyers or other persons enlisted by the GSICC without any remuneration basis for carrying out the objects and purpose of these regulations.