Prevention Of Sextual Harassment
Guideline to protect the identities of parties. ” Prevention Of Sextual Harassment”.
Bombay High Court –
P Vs A and others –
Single hudge justice Goutam Patel noted that there are no established guidelines governing the field, and therefore, proceeded to set out a working protocol to govern hearings and cases for management to protect the identity of parties even from accidental disclosure in proceedings under the Act.
Protocols to be followed while filing pleadings –
No personally identifiable information is to be retained by the registry when any document is filed. For verification of identity, the registry is to ask for the production of an identity document, but no copy of any cush document is to be retained on file by the registry. Titles are to be anonymized in all further affidavits or documents by the parties. None other than the Advocate on record with a current vakalatnama would be permitted to inspect pleadings.
Protocol to be followed during the hearing of such cases –
All hearings will only be in chambers or cameras through physical hearing no online or hybrid hearings will be allowed. Only advocates and litigants will be permitted to attend hearings support staff like clerks, peons, etc have to leave the courtroom.
Restrictions to be followed for uploading or granting access to orders –
Order sheets are not to have names of parties or witnesses, neither in titles nor in the body of the order. Orders on merits will not be uploaded. All others and judgments will be delivered in private, that is to say, not pronounced in open court but only in chambers or cameras. The certified copy section of the court will not raise objections seeking long titles in the applications for a copy of the order, and as far as required, parties to function on an authenticated copy.
Media disclosure forbade –
Parties and advocates are ” forbidden from disclosing the contents of any order, judgment or filling to the media or publishing any such material in any mode or fashion by any means, including social media, without specific leave of the court”.
The breach will lead to contempt –
The prohibition on publishing the names, addresses, or other personal information of the parties is absolute.
