Kerala High Court Advocates Association passes resolution to constitute ICC for sexual harassment complaints

Members of the Kerala High Court Advocates' Association (KHCAA) on Tuesday unanimously passed a resolution to constitute an Internal Complaints Committee (ICC) to deal with sexual harassment complaints in accordance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act)..At the Extra Ordinary General Body Meeting that was held earlier today, KHCAA President Rajesh Vijayan commenced his address by stating that the Executive Committee members are unanimous and steadfast in their support for the proposal to constitute an ICC.He further pointed out that the Supreme Court, in Medha Kotwal Lele v. Union of India, had directed the Bar Council of India to frame rules within two months taking into account the guidelines already laid down in Vishakha v State of Rajasthan..Speaking to Bar & Bench, KHCAA Joint Secretary SK Adithyan confirmed the news."It was unanimously resolved by General Body of the KHCAA. It was further resolved to constitute a committee to study the resolution and propose amendments to the byelaws of the Association.".The resolution, proposed by Advocate Boby M Sekhar and 117 others, brings to light the fact that the number of female lawyers and the contribution of women in the legal field have increased substantially over the years. However, women in the legal profession face the same hurdles as in any other workplace, which includes sexual harassment and abuse.The POSH Act mandates the constitution of an ICC at the institutional level for prevention, prohibition and redressal of sexual harassment at the workplace. The ICC has the power to initiate settlements between the parties through conciliation proceedings and if not settled, to initiate an inquiry into the matter."Having regard to the Constitutional right of gender equality and right to practice profession, it is imperative to formulate a mechanism which aims at prevention of sexual harassment of women in legal profession," the resolution stated.It was contended that even though the KHCAA was formed to protect and serve the interests of the legal fraternity, no effective steps have been taken till date for formation of a permanent ICC, which could address the grievances of women lawyers.In the circumstances, it was proposed that the KHCAA may pass a resolution in the following manner :Resolve to formulate and constitute an Internal Committee as contemplated under POSH Act to address the complaint of sexual harassment against women members and other aggrieved women in its precincts;Resolve that a comprehensive mechanism be formulated for inquiry into allegations of sexual harassment and to take appropriate disciplinary action against the members who are found guilty; andResolve and authorize the Executive Committee of KHCAA to make necessary changes and amendments in the Rules and Regulations, 1971 of the Kerala High Court Advocates Association for the effective implementation of the different provisions of POSH Act.