Kerala High Court rolls out new rules to prevent sexual harassment on its premises

The Kerala High Court will ensure that no woman faces any form of sexual harassment, either inside or outside its premises. On Wednesday, the Chief Justice of the Kerala High Court notified the Gender Sensitisation & Sexual Harassment of Women at the High Court of Kerala (Prevention, Prohibition and Redressal) Regulations, 2026.

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

What is sexual harassment?
As per Regulation, 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 any treatment having a sexual colour or content likely to affect her emotional and/or physical health or safety.

Who is an aggrieved woman?
An aggrieved woman means a female of any age, whether or not employed by the High Court, who claims to have been subjected to sexual harassment by any person in the whole premises of the High Court, including the court block, open grounds, libraries, parking areas, etc. However, it would not include female employees of the High Court and the Advocate General's Office.

Internal committee panel
The HC also established a Gender Sensitisation and Internal Complaints Committee (GSICC) to address sexual harassment complaints and promote gender awareness within its premises. The GSICC will function for a term of two years, with members barred from serving more than two consecutive terms. The committee will comprise 7 to 13 members, with a majority being women. It will include judges, senior advocates, representatives from legal associations, government-linked or NGO experts in gender justice, and women officers from the High Court and Advocate General’s office.

The GSICC is tasked with framing and implementing policies on gender sensitisation, conducting awareness programmes, offering counselling and mediation, and ensuring timely redressal of complaints related to sexual harassment.

Complaint Process
Aggrieved women or their representatives may file written complaints within three months of the incident. Cases involving minors will be referred to authorities under the Juvenile Justice (Care and Protection of Children) Act, 2015.

Upon receiving a complaint, the GSICC will form an Internal Sub-Committee to conduct an inquiry within 90 days. A report with findings must be submitted within 10 days after completion. Both parties may challenge the findings before the Chief Justice within 15 days.

The Chief Justice will review the report, recommendations, and representations before issuing orders. Penalties may range from warnings and public admonition to restrictions on entry into court premises, communication bans, or recommendations for criminal or disciplinary action.

During inquiries, interim protections may be granted to safeguard the complainant. Non-compliance by the respondent may lead to closure of their defence.

Strict confidentiality norms prohibit disclosure of the complainant’s identity. However, the GSICC may recommend action against individuals filing malicious or false complaints, in accordance with applicable disciplinary rules.

The initiative aims to strengthen institutional mechanisms for addressing workplace harassment while fostering a safer and more inclusive environment within the High Court.
(With Live Law inputs)