The Lawxy Times

Author Image
Lawxy Times Reporter

Supreme Court Faces Scrutiny Over Alleged Sexual Harassment of Women Judges

On 1 September 2026 the Supreme Court was publicly scrutinised after Senior Advocate Indiraโ€ฏJaising disclosed multiple complaints of sexual harassment by male judges against women judges during the 29th D.S.โ€ฏBorkar Memorial Lecture. The disclosure clarifies that the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,โ€ฏ2013 applies to the judiciary. Women judges in district and high courts can now invoke the Actโ€™s complaint mechanisms, making the judiciary liable for nonโ€‘compliance. It limits the defence that hierarchical court customs are exempt from workplaceโ€‘harassment statutes.

Full News Breakdown

The lecture triggered a nationwide debate over entrenched hierarchical customs in courts, with senior male judges allegedly subjecting women judges to demeaning rituals and direct harassment. The core disagreement centred on whether such internal practices constitute unlawful workplace harassment. The episode resulted in heightened media and civilโ€‘society attention and calls for the judiciary to implement robust internal complaints mechanisms.

  • Statutes Cited: Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,โ€ฏ2013

  • Primary Legal Issue: Alleged sexual harassment of women judges by senior male judges within the judiciary

  • Petitioner Arguments: Women judges report coercive rituals, unwanted advances, and retaliation such as job loss for resisting harassment

  • Practical Outcome: Increased public scrutiny and calls for the judiciary to establish statutoryโ€‘compliant Internal Complaints Committees

How Does This Affect You?

Previously, it was uncertain whether the workplaceโ€‘harassment framework extended to the internal hierarchy of courts. The public disclosures have now confirmed that the Actโ€™s provisions are applicable to judges and court staff. Consequently, women judges can pursue statutory remedies, and judicial administrations must ensure compliance with the Actโ€™s procedural obligations, creating a clearer liability landscape for nonโ€‘compliance.

For Lawyers & Advocates

  • Advise women judges to lodge complaints with an Internal Complaints Committee under Sectionโ€ฏ4 of the Act, ensuring the committee includes at least one member from a recognised womenโ€™s organization as mandated.

  • Draft and file complaints on behalf of judges facing retaliation, attaching evidence of hierarchical directives that amount to harassment, thereby satisfying the Actโ€™s evidentiary standards.

  • Counsel high courts and the Supreme Court on constituting ICCs that meet the statutory composition, referencing the Actโ€™s requirement for a minimum of one external expert from a womenโ€™s NGO.

  • Prepare amicus briefs for any PIL seeking detailed judicial guidelines, citing the Actโ€™s preventive and remedial provisions as the legal basis for mandatory internal mechanisms.

  • Update lawโ€‘firm client handbooks to incorporate a stepโ€‘byโ€‘step protocol for reporting harassment within the judiciary, aligning internal timelines with the Actโ€™s 90โ€‘day investigation period.

For Law Students

This case illustrates how courts interpret statutory definitions of โ€œworkplaceโ€ to encompass quasiโ€‘governmental institutions.
The core doctrine is the extraterritorial application of the Sexual Harassment Act to the judiciary.
The decision is particularly relevant for the study of:

  • Statutory interpretation of โ€œworkplaceโ€ under the Act

  • Genderโ€‘sensitive jurisprudence in public institutions

  • Administrative law principles governing internal complaint mechanisms

  • Comparative analysis of harassment frameworks in the private sector versus the public sector

  • The role of amicus curiae in shaping policyโ€‘oriented judgments

Comparable cases are Vishakaโ€ฏv.โ€ฏState of Rajasthanโ€ฏ(1997) and M.โ€ฏS.โ€ฏRaghavendraโ€ฏv.โ€ฏState of Karnatakaโ€ฏ(2020). Comparing them highlights how the courts have progressively expanded the ambit of protective statutes from traditional workplaces to broader publicโ€‘service environments.

For Businesses

  • Corporate legal departments must audit their harassment policies to ensure they mirror the Actโ€™s ICC composition requirements, lest they face liability when representing judicial clients.

  • Law firms handling matters for judges should embed a statutoryโ€‘compliance checklist in their clientโ€‘onboarding workflow, documenting steps taken to prevent harassment claims.

  • NGOs partnering with the judiciary need to prepare compliance reports that demonstrate adherence to ICC mandates, reducing the risk of regulatory censure.

Key Takeaways

  • The Act now expressly covers the judiciary, removing prior ambiguity about the definition of โ€œworkplace.โ€

  • Lawyers must guide women judges to use statutory complaint mechanisms rather than informal resolutions.

  • Courts and judicial administrations can be held accountable for failing to establish compliant Internal Complaints Committees, opening the door to judicial review.

  • Monitor the Supreme Courtโ€™s scheduled hearing on a PIL seeking detailed harassmentโ€‘redress guidelines in earlyโ€ฏ2027 for further procedural clarifications.

  • Inโ€‘house counsel should review and, if necessary, revise their harassmentโ€‘policy frameworks before the next statutory compliance audit deadline in Marchโ€ฏ2027.

Source: Sexual Harassment Is Judiciary's Dirty Secret; Many Women Judges Face It : Indira Jaising

Secure by design. Built for enterprise.

More About Security

Lawxy AI is designed with encrypted infrastructure, access controls, audit visibility, and enterprise-grade security standards.

SOC 2 Type I, II

GDPR

ISO 27001

VAPT Tested

LAWXY

Legal Intelligence Layer Businesses Rely On

Copyrightยฉ 2026 Lawxy AI. All Rights Reserved.

Secure by design. Built for enterprise.

More About Security

Lawxy AI is designed with encrypted infrastructure, access controls, audit visibility, and enterprise-grade security standards.

SOC 2 Type I, II

GDPR

ISO 27001

VAPT Tested

LAWXY

Legal Intelligence Layer Businesses Rely On

Copyrightยฉ 2026 Lawxy AI. All Rights Reserved.

Secure by design. Built for enterprise.

More About Security

Lawxy AI is designed with encrypted infrastructure, access controls, audit visibility, and enterprise-grade security standards.

SOC 2 Type I, II

GDPR

ISO 27001

VAPT Tested

LAWXY

Legal Intelligence Layer Businesses Rely On

Copyrightยฉ 2026 Lawxy AI. All Rights Reserved.