Kerala HC Establishes New Regulations to Prevent Court Harassment

Kerala HC Establishes New Regulations to Prevent Court Harassment.webp

Kochi, March 18 The Kerala High Court has issued regulations to prevent sexual harassment and ensure gender sensitivity within its premises.

The "Gender Sensitisation and Sexual Harassment of Women at the High Court of Kerala (Prevention, Prohibition and Redressal) Regulations, 2026," was published in the state's official gazette on March 17.

The regulations, which aim to prevent sexual harassment of women within the High Court premises and address any complaints that may be lodged, will come into effect on March 23, according to the notification.

The regulations provide for the formation of a Gender Sensitisation and Internal Complaints Committee (GSICC) comprising 7 to 13 members, including one or two judges, one of whom will be the chairperson of the panel. There will also be one or two advocates with at least 20 years of membership in the Kerala High Court Advocates' Association (KHCAA), including at least one woman.

In addition, the KHCAA can nominate one or two lawyers who are members for at least 10 years, with one of them being a woman. One woman member each from the Kerala Federation of Women Lawyers and the Kerala High Court Clerks' Association will also be included.

Furthermore, the Chief Justice can nominate one or two persons from the Women and Child Development Department or an NGO with experience in the field of social justice, women empowerment, and/or gender justice, and one of them must be a woman.

"The term of each member of the GSICC will be for a period of two years, provided that no member shall be nominated for more than two consecutive terms," it said, adding that the committee shall meet at least once in three months and whenever necessary.

The GSICC will also be responsible for formulating policies and their implementation regarding gender sensitivity and prevention and redressal of sexual harassment in the High Court.

The regulations also define what constitutes sexual harassment, which includes physical contact and advances, a demand or request for sexual favours, making sexually coloured remarks, showing or exhibiting pornography and/or sexually explicit material by any means, and sending undesirable sexually coloured messages.

In addition to these, other acts of sexual harassment include stalking or persistently following the aggrieved woman, voyeurism, including overt or tacit observation by the accused through any means, and any conduct whereby the accused 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 as an incentive or a natural result of submitting to his insinuations/demands.

Additionally, any implied or explicit promise of preferential or detrimental treatment in her career or employment, a threat about her present or future career or employment, interference with her work or creating an intimidating or offensive or hostile work environment, or any treatment having a sexual colour or content likely to affect her emotional and/or physical health or safety, will also be considered as sexual harassment, according to the regulations.

It also states that upon receiving the inquiry report, recommendations of the GSICC, and any representations, the Chief Justice shall afford an opportunity of hearing to the parties and may then pass appropriate orders.

The provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 shall override these Regulations, and the GSICC shall have no jurisdiction to entertain complaints that fall under the provisions of the said Act, it said.
 
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