Kerala High Court Brings Regulations To Curb Sexual Harassment Of Women At High Court

The Regulations will come into effect from March 23, 2026.

Definition of Sexual Harassment

As per Regulation 2(m), sexual harassment includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication) committed within the High Court precincts namely:

1. physical contact and advances;
2. a demand or request for sexual favours;
3. making sexually coloured remarks;
4. showing or exhibiting pornography and/or sexually explicit material by any means;
5. sending undesirable sexually coloured oral or written messages, text messages, e-mail messages, or any such messages by electronic, manual or other means;
6. stalking or consistently following aggrieved woman;
7. voyeurism including overt or tacit observation by the Respondent by any means of the aggrieved woman in her private moments;
8. any conduct whereby the Respondent takes advantage of his position and subjects the aggrieved woman to any form of sexual harassment and seeks sexual favours especially while holding out career advancements whether explicitly or implicitly, as an incentive or a natural result of submitting to the insinuations/ demands of the Respondent;
9. any other unwelcome physical, verbal or non- verbal conduct of sexual nature;
10. implied or explicit promise of preferential treatment in her career or employment;
11. implied or explicit threat of detrimental treatment in her career or employment;
12. implied or explicit threat about her present or future career or employment;
13. interference with her work or creating an intimidating or offensive or hostile work environment for her, or
14. any treatment having a sexual colour or content likely to affect her emotional and/or physical health or safety.

Aggrieved woman

Aggrieved woman means a female of any age whether or not employed by the High Court and who claims to have been subjected to sexual harassment by any person in the High Court precincts. However, it would not include female employees of the High Court and the Advocate General's Office.

High Court precincts

The High Court precincts means the whole premises of the High Court including the Court Block, open grounds, parking areas, old and new buildings including Ram Mohan Palace, libraries, canteens, Bar Association halls/rooms, health centers and/or any other part of the premises and/or offices under the control of the Chief Justice.

Internal Complaints Committee

There shall be a Kerala High Court Gender Sensitisation and Internal Complaints Committee (GSICC), which will have the duty of sensitizing the public regarding gender issues and of addressing complaints regarding sexual harassment at the High Court premises.

The GICC constituted shall be for a term of 2 years and no member can be nominated for more than two consecutive terms.

Constitution of GICC

The GICC shall have 7 to 13 members, and the majority of which must be women members. It shall include as far as practicable:

1. one or two High Court judges;
2. one or two advocates with at least 20 years of membership in the Kerala High Court Advocates' Association (KHCAA);
3. one or two members nominated by the KHCAA, with membership of at least 10 years, one of whom shall be a woman;
4. one woman member nominated by the Kerala Federation of Women Lawyers;
5. one woman member nominated by the Kerala High Court Clerks' Association;
6. at least one and at the most two outside members to be nominated by the Chief Justice, who are associated with the Department of Women and Child of Government of Kerala or non-government organization having experience in the field of social justice, women empowerment, and/or gender justice, out of whom at least one member shall be a woman;
7. one woman officer in the service of the High Court not below the rank of Deputy Registrar to be nominated by the Chief Justice, who shall function as the Member Secretary of the GSICC;
8. one woman officer not below the rank of Under Secretary in the service of the Advocate General's office nominated by the AG;
9. any other member that the Chief Justice may deem fit to nominate.

Functions of GSICC

The functions of the GSICC include:

1. frame policy with regard to gender sensitisation and prevention and redressal of Sexual Harassment in the High Court and implement the same;
2. take steps for gender sensitization and orientation;
3. provide counselling and mediation to aggrieved women;
4. complaint redressal.

The GSICC shall have other duties and powers, which are provided under Regulations 16 and 15.

Complaint

An aggrieved woman or her legal heir or other person directly concerned with her interests may make a complaint in writing within 3 months of the date of the incident of sexual harassment or the date of the last incident if there were a series of incidents.

Complaints involving minors

If the complaints where the respondent is a minor, the GSICC shall forward the complaint to the appropriate authority under the Juvenile Justice (Care and Protection of Children) Act, 2015.

Inquiry, Internal Sub-Committee and Inquiry Report

After receiving the complaint and prima facie being satisfied that the same falls within the purview of the Regulations, the GSICC shall constitute an Internal Sub-Committee to conduct a fact-finding inquiry, which has to be concluded within 90 days.

The Sub-Committee has to hear and duly record the statements of the aggrieved women, the Respondent and any other person that the parties wish to examine and prepare a Report with its findings within 10 days of completion of enquiry. The copies of the report along with the GSICC's recommendations are to be furnished to the parties.

Representation by parties

After receiving the Inquiry Report and the GSICC's recommendation, the aggrieved woman and the respondent may make written representation before the Chief Justice within 15 days, setting out the objections, if any, to the findings of the Internal Sub-Committee or the recommendations of the GSICC, along with supporting grounds and materials.

Chief Justice to Pass Orders

On receiving the Inquiry Report, the GSICC's recommendations and the parties' representation(s), the Chief Justice may pass appropriate after hearing the parties. This may include exoneration of the Respondent or punishment or remedial measures.

Punishment / Remedial Measures

The punishment or remedial measures that be ordered by the Chief Justice may include but be not limited to:

1. admonition;
2. admonition with publication of the same in the High Court precincts and website;
3. prohibition from harassing the victim in any manner including, but not limited to, prohibition from communicating with her through electronic means, physical means, or any other mode for a specified period;
4. debarment of entry into the High Court precincts for a specified period extending up to 1 year;
5. recommendation for filing of a criminal complaint and/or a complaint before the disciplinary authority (including the Bar Council) concerned.

Interim measures

During pendency of inquiry, the GSICC may recommend interim measures to the Chief Justice, who may pass orders required for the personal safety and for safeguarding the dignity of the aggrieved woman, which shall be binding on the parties.

In case the Respondent disobeys, defies or violates the order, the GSICC shall close and/or strike off the defence of the Respondent and forward its recommendations and report to the Chief Justice after giving an opportunity to the respondent to explain regarding the alleged disobedience, defiance or violation of the order.

Confidentiality

The Regulation prohibits any person from revealing the name of the aggrieved woman or from disclosing any facts which can lead to her being identified.

Malicious, false or frivolous complaints or false evidence

If found that the allegation is malicious or the complainant has made the complaint knowing it to be false or if the complainant/witness have produced a forged or misleading document, the GSICC may recommend to the employer or the disciplinary authority concerned in accordance with the provisions of the service rules or rules related to discipline applicable to her/him/them.

Where no such rules exist, GSICC may recommend to the Chief Justice to take appropriate action.

Click to Read/Download Regulations