RAJYA SABHA
The National Human
Rights Commission set up a high-level Committee to consider
all aspects of the problem of sexual harassment of women in
the legal profession. The Committee after considering as to
how the legal fraternity could implement the guidelines and
norms prescribed by the Supreme Court in Vishakha Vs. State
of Rajasthan (AIR 1997 SC 3011), came to the conclusion that
there was need to suitably amend the Advocates Act 1961, so
as to make provision for an appropriate mechanism to deal with
complaints of sexual harassment. It was also recommended that
till the necessary amendments were carried out in the Act, the
Bar Council, under section 9 of the Act, could set up a Disciplinary
Committee exclusively to deal with cases of sexual harassment
in the legal profession.
Regulation
of legal profession being primarily the concern of the Bar Council
of India, its comments were obtained. The Council has informed
that it considered the matter in depth and was of the opinion
that the same was covered under Section 35 of the Advocates
Act, 1961 and no fresh amendment was called for. State Bar Councils
already have the power to deal with complaints of sexual harassment
in the legal profession, in the exercise of their disciplinary
jurisdiction under section 35 of the Act.
This information
was given by the Minister of Law and Justice and Commerce and
Industry, Shri Arun Jaitley in a written reply to a question
by Shri P. Prabhakar Reddy in the Rajya Sabha today.
