38.6c New Delhi, India, Tuesday, April 16, 2024
Judiciary

Supreme Court Rejects Expansion of Workplace Harassment Laws to Include LGBTQIA+ Community [Read Order]

By LAWSTREET NEWS NETWORK      09 November, 2023 08:43 PM      0 Comments
Supreme Court Rejects Expansion of Workplace Harassment Laws to Include LGBTQIA Community Read Order

NEW DELHI: The Supreme Court has said that existing regulations of 2013 brought in to prevent sexual harassment at the workplace in the Supreme Court of India cannot be made gender neutral to include LGBTQIA+ members by a judicial order.

A bench of Justices B V Nagarathna and Ujjal Bhuyan said the focus will be lost from the principal objective, i e, prevention of sexual harassment of women at the Supreme Court of India, if such amendments to the regulations, framed following enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 are made.

The bench said regulations were formulated in view of clause 3 of Article 15 of the Constitution and in order to extend the constitutional right of equality and equal protection of the laws as enshrined in Article 14.

"If a person other than an ‘aggrieved woman’ is subjected to sexual harassment...the answer does not lie by amending the existing regulations," the bench said.

"It would be inappropriate to direct the amendments to be made to the 2013 regulations as otherwise the whole purpose and object of the said regulations would be diluted and denuded of its effect," the bench added.

Senior advocate Vibha Datta Makhija, who appeared in person, said the regulations should provide gender neutral protection.

After the subsequent developments including the recognition of the constitutional rights of other persons such as LGBTQIA+ persons, the regulations are wholly inadequate, she said.

She also referred to 2014 judgment in case of NALSA case to buttress her plea.

The bench, however, relied upon its previous judgments which stated that a constitutional court would not issue a writ of mandamus to a legislature or to a rule making body to enact a law on a particular subject and in a particular manner.

The court dismissed the application as well as the application for clarification or direction as withdrawn as the applicant said she would withdraw this application and she would make a representation to the Gender Sensitization Committee of the Supreme Court for formulation of another body of Regulations to cover persons belonging to the LGBTQIA+ communities for their protection from sexual harassment in the workplace i.e. Supreme Court of India.

[Read Order]
 



Share this article:

About:

Explore Comprehensive Legal Reporting with LawStreet Journal: Your Go-To Source for Supreme Court an...Read more

Follow:
TwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Himachal Pradesh High Court Grant Bail to a Man Accused of Committing Unnatural Acts with Cow, Said that there is no Criminal History Depicting Pervert Mind [READ ORDER] Himachal Pradesh High Court Grant Bail to a Man Accused of Committing Unnatural Acts with Cow, Said that there is no Criminal History Depicting Pervert Mind [READ ORDER]

without commenting on the merits of the case at this stage of investigation and the period of detention he faced in jail, the Court after analyzing all things allowed bail to the accused person ( Jai Ram). Himachal Pradesh High Court, Grant Bail, Justice Anup Chitrakara

How the Waqf Board has the third largest ownership of land after the Indian Railways and the Defense Dept.? How the Waqf Board has the third largest ownership of land after the Indian Railways and the Defense Dept.?

SHO Bhardwaj was quick to defend the Maulvi in questioning regarding the Mazar but harassed the reported who sought truth. Why did the SHO have to harass a Media reporter when he was doing his job? Who benefits from this? Why is there a Mazar on a flyover? Why is a Minority Welfare development Board in control of so much property? || #Mazar #SHOBhardwaj #Mazar #Mosque #WaqfBoard #Islam #News #Waqf #RemoveSHOBharadwaj

Does the Waqf board hold any relevance in the secular India of today? Does the Waqf board hold any relevance in the secular India of today?

Towards the end of the clip, Advocate Jain can be seen questioning the leaders of our land, the Central Government, and the parliament to look into the above and review such biased provisions for the greater good of all.  In the end, we are made to question if India is a secular country in the true sense of the term, after all! Wakf board land scam, Central Waqf Board, secular India article

TRENDING NEWS

call-for-chapters-gender-based-violence-and-religion
Trending Law School
Call For Chapters: Gender-Based Violence and Religion

Calling For Book Chapters: As an editor, Dr. Amit Anand, Assistant Professor, School of Legal Studies, REVA University, Bengaluru, is inviting people to contribute to a book, entitled "Gender-Based Violence and Religion." This book is scheduled to be published by Cambridge Scholars Publishing.

15 April, 2024 04:21 PM
sc-extends-stay-on-allahabad-hc-order-approving-survey-of-shahi-idgah-complex
Trending Judiciary
SC extends stay on Allahabad HC order approving survey of Shahi Idgah complex

SC extends stay on Allahabad HC's order for survey of Shahi Eidgah mosque next to Krishna Janmabhoomi.

15 April, 2024 05:19 PM

TOP STORIES

misleading-advts-case-baba-ramdev-balkrishna-tender-apology
Trending Business
Misleading advts case: Baba Ramdev, Balkrishna tender apology

Baba Ramdev, Balkrishna apologize for misleading ads. SC contempt plea hearing set for April 10. Patanjali assures compliance with court orders.

10 April, 2024 10:44 AM
sc-allows-gangster-turned-politicians-son-to-attend-fatiha
Trending Judiciary
SC allows gangster-turned-politician's son to attend 'Fatiha'

Supreme Court allows jailed MLA Abbas Ansari to attend his father's funeral prayers, granting temporary release under police custody.

10 April, 2024 11:11 AM
each-moveable-property-not-required-to-be-disclosed-by-candidates-in-election-sc
Trending Judiciary
Each moveable property not required to be disclosed by candidates in election: SC [Read Judgment]

SC rules not every movable asset needs disclosure in elections. Privacy rights preserved. Details vary per case. High value assets matter.

10 April, 2024 12:02 PM
delhi-cm-arvind-kejriwal-moves-supreme-court
Trending Judiciary
Delhi CM Arvind Kejriwal moves Supreme Court

Delhi CM Arvind Kejriwal moves Supreme Court against dismissal of plea in liquor policy scam case. Lawyers seek early hearing from CJI-led bench.

10 April, 2024 12:39 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email