6 days ago
India’s Judiciary Faces Renewed Calls for Independent Harassment Mechanisms
The article says some women judges have reported harassment by senior colleagues.
Indira Jaising described these allegations as a long-standing problem in the judiciary.
She also gave examples of women judges allegedly being pressured to attend or perform at events.
Another senior lawyer, S. Muralidhar, said similar problems are growing.
Some individual accusations were disputed, and one important allegation was not upheld by an inquiry.
The article argues that judges may fear reporting harassment because senior judges can influence their careers.
It says the judiciary’s internal complaint system may not feel independent enough.
The proposed answer is a confidential body outside the accused person’s immediate control.
The article also says reforms should protect both complainants and judicial independence.
Senior Advocate Indira Jaising said sexual harassment remains a “dirty secret” within India’s judiciary at the 29th D.S. Borker Memorial Lecture.
Jaising described allegations involving women judges being pressured to perform ceremonial or social duties, including dancing at a judge’s anniversary party.
Senior Advocate S. Muralidhar also referred to growing instances of sexual innuendo and harassment directed at women judges by senior male colleagues.
The article notes that some allegations were contested, including a 2014 matter whose central allegation was cleared by a Rajya Sabha-appointed inquiry committee in 2017.
The proposed reforms include an independent confidential complaints body, less concentrated administrative power, and safeguards that preserve judicial independence.
- Who
- Senior Advocate Indira Jaising raised the concerns, supported by remarks from Senior Advocate S. Muralidhar; the concerns involve women judges and senior judicial colleagues.
- What
- The discussion concerned alleged sexual harassment and coercive workplace practices in India’s higher judiciary, and the need for independent complaint mechanisms.
- Where
- The remarks were made at the D.S. Borker Memorial Lecture in India; the specific locations of the alleged incidents are not established in the article.
- When
- The latest remarks were made at the 29th D.S. Borker Memorial Lecture and reported by LiveLaw on September 1; the article places them in 2026.
- Why
- The article argues that concentrated administrative power and reliance on in-house procedures can discourage complaints and permit harassment to remain unaddressed.
Reform advocates
Institutional-caution advocates
How complaints should be handled
Reform advocates
A dedicated, confidential committee independent of the accused judge’s immediate administrative hierarchy is needed to make reporting credible.
Institutional-caution advocates
Complaints against judges require safeguards against misuse, particularly where allegations could affect adjudication or judicial appointments.
Role of current in-house procedures
Reform advocates
A system led by sitting judges assessing colleagues and superiors may discourage complainants and lacks sufficient independent investigation.
Institutional-caution advocates
Judicially controlled procedures can help preserve judicial independence and avoid placing judges under an ordinary employment-complaints process.
Administrative power
Reform advocates
Distributing control over postings, promotions, evaluations and continuation in service could reduce coercive pressure on subordinate judges.
Institutional-caution advocates
Any restructuring must retain effective judicial administration and avoid weakening legitimate supervisory authority.
Key facts
- Speaker
- Senior Advocate Indira Jaising, identified in the article as India’s first woman Additional Solicitor General and first woman Senior Advocate at the Bombay High Court.
- Lecture
- 29th D.S. Borker Memorial Lecture, themed “My Vision of India: 2047 A.D.”
- Additional speaker
- Senior Advocate S. Muralidhar spoke of growing instances of sexual innuendo and harassment involving women judges.
- Earlier controversy
- An Additional District and Sessions Judge in Gwalior resigned in 2014 after alleging harassment by her administrative judge, according to the article.
- Inquiry outcome
- A Rajya Sabha-appointed inquiry committee cleared the judge connected to that specific allegation in December 2017.
- Proposed mechanism
- A dedicated, confidential and functionally independent committee for harassment complaints from judicial officers.
- Proposed safeguard
- The article recommends distributing administrative control over subordinate judges’ careers across a panel rather than concentrating it in one individual.
Quotes
An unnamed High Court judge
A High Court judge whom Jaising said invited a woman judge to his wedding anniversary party
“the dirty secret of the judiciary of India. No one wants to talk about it.”
thehansindia.com
“dance on an item number”
thehansindia.com
Sources
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