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State of Tamilnadu - Section

Section 2 in Gender Sensitisation & Sexual Harassment of Women at the Subordinate Courts in the State of Tamil Nadu / the Union Territory of Puducherry (Prevention, Prohibition and Redressal) Regulations, 2013

2. Definitions.

- In these Regulations, unless the context otherwise requires -
(a)"aggrieved woman" means, in relation to the Subordinate 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 Subordinate Court precincts.
(b)"Appropriate Authority" in relation to the Subordinate Courts means the Principal Judge, City Civil Court, Madras, Chief Judge, Court of Small Causes, Madras , Administrator General and Official Trustee of Tamil Nadu, Madras, Principal District Judge / District Judge of the District concerned and Chief Judge, Puducherry.
(c)"Chairperson" means the Chairperson of the Subordinate 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 Subordinate Courts - in the State of Tamil Nadu / Union Territory of Puducherry - Gender Sensitization 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 (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 Subordinate Courts 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)"The Subordinate Court precincts" means the whole premises of the Combined Court Complex / District Court / Sub-Court / Chief Judicial Magistrate Court / District Munsif Court / Judicial Magistrate Court / District Munsif-cum-Judicial Magistrate 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 under the control of the respective Principal Judge, City Civil Court, Chennai / Chief Judge, Court of Small Causes, Chennai / Administrator General and Official Trustee of Tamil Nadu, Chennai / Chief Metropolitan Magistrate, Egmore, Chennai / Principal District Judge / District Judge / Chief Judge, Puducherry / Subordinate Judge / Chief Judicial Magistrate / District Munsif / Judicial Magistrate / District Munsif-cum-Judicial Magistrate, but does not include the premises of the above nature occupied by other Tribunals within the 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.