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Binu Tamta And Another v. High Court Of Delhi And Others
Factual and Procedural Background
Two advocates of the Supreme Court of India—Ms Binu Tamta and Ms Vibha Datta Makhija—filed this writ petition after a newspaper reported that an employee of the Delhi High Court had been filming women advocates in a chamber toilet. The petition sought judicial intervention to curb sexual harassment within court premises.
Invoking the framework laid down in Vishaka v. State of Rajasthan, the Court formed a Sub-Committee headed by Mr Fali S. Nariman, Senior Advocate, to draft comprehensive regulations. After multiple deliberations, the “Gender Sensitisation and Sexual Harassment of Women at the Supreme Court of India (Prevention, Prohibition and Redressal) Regulations, 2013” were placed before the Court. These were vetted by the Attorney General and Additional Solicitor General, who supported their adoption.
Legal Issues Presented
- Whether the Supreme Court should approve and promulgate the “Gender Sensitisation and Sexual Harassment of Women at the Supreme Court of India (Prevention, Prohibition and Redressal) Regulations, 2013”.
- Whether a mandamus should be issued to all High Courts and subordinate courts to frame and implement analogous rules to prevent sexual harassment within their premises.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| Vishaka v. State of Rajasthan, (1997) 6 SCC 241 | Guidelines for prevention of sexual harassment at the workplace and for constituting internal committees. | Formed the basis for constituting a Sub-Committee and framing comprehensive regulations for the Supreme Court and other courts. |
Court's Reasoning and Analysis
The Court examined the final draft of the Regulations and held them fit to address “the menace of sexual predation in the court precincts.” It acknowledged that future experience might necessitate amendments but found the current version suitable for immediate implementation.
- All counsel, including the Attorney General and Additional Solicitor General, agreed to the Regulations.
- The Court therefore approved the Regulations and directed the Supreme Court in its administrative capacity to promulgate and publicise them.
- Copies were ordered to be sent to all High Courts so they could frame and implement similar rules at the High Court and district-court levels.
- The petitioners’ request for a mandamus to all courts was deemed satisfied by these directions.
Holding and Implications
WRIT PETITION DISPOSED OF WITH APPROVAL OF THE “GENDER SENSITISATION AND SEXUAL HARASSMENT OF WOMEN AT THE SUPREME COURT OF INDIA (PREVENTION, PROHIBITION AND REDRESSAL) REGULATIONS, 2013.”
Immediate Consequence: The Regulations become operative within the Supreme Court and must be widely publicised.
Broader Implication: High Courts are expected to draft corresponding rules and ensure their enforcement at subordinate-court level, creating a uniform judicial framework against sexual harassment. No new substantive precedent is set, but the order operationalises the principles of Vishaka within the court system.
Order
1. This writ petition was filed by two learned advocates of this Court, Ms Binu Tamta and Ms Vibha Datta Makhija, for certain reliefs on the basis of a newspaper report, which had reported about an incident which occurred in the Delhi High Court, alleging that an employee of the High Court had been filming lady advocates in the chamber toilet.
2. The filing of the writ petition led to the question of the formation of a Committee as suggested by this Court in Vishaka v. State of Rajasthan (1997) 6 SCC 241. This led to the further suggestion that proper regulations be framed in regard to gender sensitisation and to prevent sexual harassment of women at the Supreme Court of India and in other courts as well. In our order dated 23-4-2013 WP (C) No. 162 of 2013, (2014) 13 SCC 257 (F2), (2014) 13 SCC 305, we had constituted a Sub-Committee with Mr Fali S. Nariman, learned Senior Advocate, as the Chairperson thereof, to look into the reports submitted by Ms Asha Menon in her capacity as Member-Secretary of the National Legal Services Authority and also to look into the draft rules prepared by Ms Vibha Datta Makhija and, thereafter, to submit a comprehensive set of draft rules on the basis of which orders could be passed.
3. Such a report was submitted WP (C) No. 162 of 2013, (2014) 13 SCC 257 (F3) before us in its draft form and after thorough discussion, the Committee was requested to make certain additions and alterations and now finally the Regulations referred to as, the “Gender Sensitisation and Sexual Harassment of Women at the Supreme Court of India (Prevention, Prohibition and Redressal) Regulations, 2013”, have been placed before us in its final form. The said Regulations have also been considered by the learned Attorney General, as also the learned Additional Solicitor General, Mr Sidharth Luthra. All the learned counsel are agreeable that the Regulations, in their present form, may be accepted and appropriate orders may be passed thereupon.
4. We too have gone through the Regulations and find them to be suitable to tackle the menace of sexual predation in the court precincts for the present. The same may require changes, if necessary, based on future experience.
5. We, accordingly, approve of and accept the aforesaid Regulations and direct the Supreme Court in its administrative jurisdiction to take note of the same and to arrange that the same are promulgated and given wide publicity. Copies of the same be sent to the different High Courts in the different States, so that they too may formulate their own regulations in the same manner, in order to contain harassment of women in court premises. The High Courts may also ensure that the same are implemented at the district level as well.
6. One of the prayers in the writ petition is for issuance of a mandamus to Respondent 4 and all the High Courts and subordinate courts to draft and notify its rules for prevention of sexual harassment in court premises, inter alia, providing for permanent internal committees with effective punishment powers of the delinquent, for providing safe working environment for women and matters ancillary thereto. The said prayer is, in fact, covered by the directions given hereinabove and may, therefore, be followed in its essence and spirit by all the courts concerned.
7. The writ petition is disposed of accordingly. What remains to be recorded is our appreciation, first to the two petitioners for having taken the initiative of bringing this matter to the notice of this Court, and then to Mr Fali S. Nariman and Mr Anand Grover, learned Senior Advocates, and the other members of the Committee, along with the learned Attorney General and the learned Additional Solicitor General, for extending their help and expertise in framing these Regulations, which we are certain will be acted by all concerned with the seriousness they deserve.
8. We also express our appreciation of Ms Asha Menon's efforts in providing necessary support as a member of the Committee towards the framing of these Regulations.
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