The Maharashtra State Commission for Women (MSCW) has welcomed the suspension of M.T. Gaikwad, but has also said it will seek a report from the High Court on whether there was an Internal Complaints Committee (ICC) as mandated by the legislation against sexual harassment at workplace.
“This is a positive and unprecedented step taken by the Registrar-General of the Bombay High Court. This sends a very strong message to the judiciary,” said Shomita Biswas, Member-Secretary of MSCW. Susieben Shah, chairperson of the Commission, too applauded the move.
But activists have claimed that the procedural lapses may hamper the case and give benefit to the accused.
“While the move of suspending the judge is welcome, the court has clearly not followed the new law against sexual harassment or the Visakha guidelines. According to the law, the complaint should be investigated by an ICC which has to consist of an external member as well. But here, only a single judge has conducted preliminary inquiry,” Anagha Sarpotdar, an expert and activist working in the field of sexual harassment at workplace, said.
“If the High Court does not follow the rule of the land, who will? The court administration has clearly initiated action as per procedures existent before 1997. This is in gross violation of natural justice,” she said.
