The Lawxy Times
Supreme Court Faces Scrutiny Over Alleged Sexual Harassment of Women Judges
On 1 September 2026 the Supreme Court was publicly scrutinised after Senior Advocate IndiraโฏJaising disclosed multiple complaints of sexual harassment by male judges against women judges during the 29th D.S.โฏBorkar Memorial Lecture. The disclosure clarifies that the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,โฏ2013 applies to the judiciary. Women judges in district and high courts can now invoke the Actโs complaint mechanisms, making the judiciary liable for nonโcompliance. It limits the defence that hierarchical court customs are exempt from workplaceโharassment 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 civilโsociety 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,โฏ2013
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 statutoryโcompliant Internal Complaints Committees
How Does This Affect You?
Previously, it was uncertain whether the workplaceโharassment framework extended to the internal hierarchy of courts. The public disclosures have now confirmed that the Actโs provisions are applicable to judges and court staff. Consequently, women judges can pursue statutory remedies, and judicial administrations must ensure compliance with the Actโs procedural obligations, creating a clearer liability landscape for nonโcompliance.
For Lawyers & Advocates
Advise women judges to lodge complaints with an Internal Complaints Committee under Sectionโฏ4 of the Act, ensuring the committee includes at least one member from a recognised womenโs 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 Actโs evidentiary standards.
Counsel high courts and the Supreme Court on constituting ICCs that meet the statutory composition, referencing the Actโs requirement for a minimum of one external expert from a womenโs NGO.
Prepare amicus briefs for any PIL seeking detailed judicial guidelines, citing the Actโs preventive and remedial provisions as the legal basis for mandatory internal mechanisms.
Update lawโfirm client handbooks to incorporate a stepโbyโstep protocol for reporting harassment within the judiciary, aligning internal timelines with the Actโs 90โday investigation period.
For Law Students
This case illustrates how courts interpret statutory definitions of โworkplaceโ to encompass quasiโgovernmental 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 โworkplaceโ under the Act
Genderโsensitive 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 policyโoriented judgments
Comparable cases are Vishakaโฏv.โฏState of Rajasthanโฏ(1997) and M.โฏS.โฏRaghavendraโฏv.โฏState of Karnatakaโฏ(2020). Comparing them highlights how the courts have progressively expanded the ambit of protective statutes from traditional workplaces to broader publicโservice environments.
For Businesses
Corporate legal departments must audit their harassment policies to ensure they mirror the Actโs ICC composition requirements, lest they face liability when representing judicial clients.
Law firms handling matters for judges should embed a statutoryโcompliance checklist in their clientโonboarding 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 โworkplace.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 Courtโs scheduled hearing on a PIL seeking detailed harassmentโredress guidelines in earlyโฏ2027 for further procedural clarifications.
Inโhouse counsel should review and, if necessary, revise their harassmentโpolicy frameworks before the next statutory compliance audit deadline in Marchโฏ2027.
Source: Sexual Harassment Is Judiciary's Dirty Secret; Many Women Judges Face It : Indira Jaising

