Beyond POSH: High Court notifies Anti-Sexual Harassment Regulations, extends protection to Lawyers, Litigants

The Kerala High Court has introduced a comprehensive regulatory framework to address sexual harassment within its premises, creating a formal redressal system for women lawyers, litigants, and visitors. The move strengthens institutional safeguards and fills a critical gap by extending protection beyond regular employees, signalling a proactive step toward safer court environments.

Framed in line with the principles laid down in Vishaka Guidelines, the newly notified regulations establish a mechanism to address complaints arising within court precincts. The framework was designed to cover women who were previously outside the scope of workplace protection laws, including visiting advocates and litigants.

It defines sexual harassment broadly to include physical advances, unwelcome remarks, stalking, coercion linked to professional benefits, and creation of a hostile environment. While existing employees remain governed by internal committees under service rules and the POSH regime, the new rules specifically target gaps affecting non-employee stakeholders interacting with the court system.

The regulations mandate the constitution of a Gender Sensitisation & Internal Complaints Committee (GSICC), comprising a majority of women and including judges, advocates, and external members, to handle complaints and promote awareness. The framework ensures time-bound inquiry, confidentiality, and victim protection, while empowering authorities to impose measures ranging from warnings to restricting access to court premises.

Emphasising the objective of the framework, the regulations recognise sexual harassment as “any unwelcome physical, verbal or non-verbal conduct of a sexual nature” within court precincts. The Chief Justice retains final authority to act on findings, including recommending disciplinary or criminal action where necessary.