Subordinate courts are also required to draft and notify its rules for prevention of sexual harassment in court premises, as per Supreme Court's directions of 2013, but Regulation, 2026 does not cover them
In compliance of the directions of the 3-Judge Bench of Supreme Court, in the order dated July 17, 2013 passed in Ms. Binu Tamta vs. High Court of Delhi & Ors. Writ Petition (Civil) No. 162 of 2013, the Patna High Court has approved and adopted a 12-page long “High Court of Judicature at Patna Gender Sensitization & Sexual Harassment of Women (Prevention, Prohibition and Redressal) Regulation, 2026”. It was published by the order of Dr. R. K. Singh-I, Registrar General I/c, Patna High Court in the Bihar Gazette on July 31, 2026. It has come into effect from August 1, 2026.
The Regulation 4 of the Regulation, 2026 provides for constitution of High Court of Judicature at Patna Gender Sensitization and Internal Complaint Committee to address any complaints made with regard to sexual harassment at the Patna High Court. The Chief Justice of the High Court by an order in writing, shall constitute a committee to be known as the Patna High Court Gender Sensitization and Internal Complaint Committee (PHCGSICC) which shall consist of not less than 4 members and shall include one judge preferably senior most women judge of the High Court, who shall be the Chairperson of the Committee to be nominated by the Chief Justice of High Court. It shall have one female member of any of the Bar Association of the High Court with at least 10 years of membership of the Bar Association concerned to be nominated by the Chief Justice of the High Court. Not less than 2 female members from amongst employees in the service of the High Courtto be nominated by the Chief Justice of High Court. Out of two female members one female member shall be an officer not below the rank of the District Judge and other female member shall be an officer not below the rank of Deputy Registrar and any other member that the Chief Justice of High Court of Judicature at Patna may deem fit to nominate. It shall be ensured that the majority of the members of the PHCGSICC shall be women members. The Chairperson/ Presiding Officer and every member of the Internal Complaint Committee shall hold office for such a period, not exceeding 3 years from the date of their nomination or as may be specified by the Chief Justice of the High Court.
At present, the website of the Court states that Patna High Court's Prevention of Sexual Harassment at Workplace Committee comprises of the Acting Chief Justice Sudhir Singh and Justice Soni Shrivastava. It is apparent that the committee is yet to be constituted under Section 4 of the Regulation 2026, which came into force on August 1, 2026.
The preamble of the Regulation, 2026 reads: "Whereas Gender Discrimination and Sexual Harassment results in violation of the fundamental rights of a woman to equality under Article 14 and 15 of the Constitution of India and her right to life and live with dignity under Article 21 of the Constitution of India and right to practice any profession or to carry on any occupation, trade or business which includes a right to safe environment free from Sexual Harassment under Articles 19(1) (g) of the Constitution of India; and Whereas sensitization against Discrimination on basis of gender and the protection against Sexual Harassment and the right to work and live with dignity are universally recognized human right by International Conventions and Instruments such as Convention on the Elimination of all Forms of Discrimination against Women, which has been ratified on the 25th June, 1993 by the Government of India; and whereas it is expedient to make provisions for giving effect to the Convention for Protection of Women against Sexual Harassment at High Court of Judicature at Patna precincts;Whereas Now these Regulations are being published as a comprehensive code for prevention of sexual harassment of women within the precincts of the High Court of Judicature at Patna and for redressal of any complaints that may be lodged in the High Court of Patna."
Besides the preamble, the Regulation, 2026 has five chapters and 15 Regulations. Chapter-I provides the title, extent and commencement and definitions. Chapter-II provides for the constitution of the Gender Sensitization & Internal Complaints Committee. Chapter-II provides for complaint of sexual harassment, conciliation, inquiry into complaint, inquiry report, punishment for false or malicious complaint and false evidence, orders on inquiry report, prohibition of publication or making known contents of complaints and inquiry proceedings, penalty for publication or making known contents of complaints and inquiry proceedings and appeal. Chapter-IV empowers Patna High Court Gender Sensitization and Internal Complaint Committee (PHCGSICC) and its duties. Chapter-V deals with confidentiality, protection of action taken in good faith and regulations not in derogation of any other law. The provisions of these Regulations shall be in addition to and not in derogation of the provisions of any other law for the time being in force. The provisions of the present Regulations shall not bar any Court from taking cognizance of any offence punishable under any other enactment or law.
Section 2 (a) states that “'aggrieved woman' means, in relation to the High Court of Judicature at Patna 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 High Court of Judicature at Patna precincts".
Section 2 (g) states that “'High Court of Judicature at Patna precincts' means the whole premises of the High Court of Judicature at Patna including the court block, open grounds, parking, chamber blocks, libraries, canteens, bar-rooms, health centers and/or any other part of the premises under control of the Hon’ble Chief Justice of the High Court of Judicature at Patna."
Section 2 (i) states "'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; or (ii) a demand or request for sexual favours; or (iii) making sexually coloured remarks; or (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 High Court of Judicature at Patna 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 favor especially 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-vernal 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."
The Regulation, 2026 was long due. The Regulation does not provide for publication of the annual report of the committee constituted under its provisions. The earlier committee could not publish its annual reports.
The Regulation, 2026 does not provide for adoption of similar regulation for subordinate courts under the High Court's jurisdiction. These courts are also required to comply with the Supreme Court's directions. It is apparent that the Regulation, 2026 has drawn lessons from the Gender Sensitization & Sexual Harassment of Women at the Supreme Court of India (Prevention, Prohibition & Redressal) Regulations, 2013 framed pursuant to Supreme Court's direction dated July 17, 2013. It is not framed under the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013.
The filing of the writ petition by Ms. Tamta had led to the question of the formation of a Committee as suggested by the Supreme Court in Vishaka & Ors. vs. State of Rajasthan & Ors. 1997(6) SCC 241. This had led to the further suggestions regarding framing of proper Regulations in regard to gender sensitisation and to prevent sexual harassment of women at the Supreme Court of India and in other courts as well.
By its order dated April 23, 2013, Supreme Court had constituted a sub-Committee with Fali S. Nariman, senior Advocate, as is Chairperson to look into the reports submitted by Ms. Asha Menon in her capacity as Member Secretary of the National Legal Services Committee 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. Such a Report was submitted before the Court in its draft form and after thorough discussion, the Committee was requested to make certain additions and alterations. Subsequent to that the Regulations referred to as - The Gender Sensitisation & Sexual Harassment of Women at the Supreme Court of India (Prevention, Prohibition and Redressal) Regulations, 2013 was placed before the Court in its final form. The said Regulations were also considered by the Attorney General, as also Sidharth Luthra, the Additional Solicitor General. All the counsel were agreeable that the Regulations, in their present form, may be accepted and appropriate orders may be passed thereupon.
The Supreme Court observed: "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. 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."
Notably, one of the prayers in the writ petition was for issuance of a mandamus to Secretary General, Supreme Court of India 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 court directed that these prayers must be followed in its essence and spirit by all the courts concerned.
Notably, the Supreme Court Gender Sensitization and Internal Complaints Committee (ICC) too is yet to re-start the publication of its annual reports.
