Kerala High Court Rolls Out Robust Shield Against Sexual Harassment on Its Premises

In a significant step towards fostering a gender-just judiciary , the High Court of Kerala has notified the Gender Sensitisation & Sexual Harassment of Women at the High Court of Kerala (Prevention, Prohibition and Redressal) Regulations, 2026 . Published in the Kerala Gazette on March 10 and 17, 2026 , these regulations come into force on March 23, 2026 , as announced by Chief Justice via Registrar General G. Gopakumar. Aimed at women lawyers, litigants, and others in court precincts—excluding staff covered by the POSH Act —these rules create a dedicated redressal framework, fulfilling long-standing Supreme Court directives.

From Vishaka to Kerala: Building on Supreme Court Foundations

The regulations draw directly from landmark precedents like Vishaka v. State of Rajasthan (1997), which mandated workplace protections against sexual harassment to uphold Articles 14, 15, 19(1)(g), and 21 of the Constitution . They also reference Medha Kotwal Lele v. Union of India (2013), emphasizing education and swift grievance handling by bar bodies and courts. Prompted by Binu Tamta v. High Court of Delhi , a committee drafted these as a " comprehensive code " for the court's precincts—spanning court blocks, libraries, canteens, and parking areas.

As noted in related reports, the move ensures a safe working environment for women lawyers and litigants , addressing gaps in judicial spaces not fully covered by the 2013 POSH Act .

Anatomy of the New Guardian: The GSICC Takes Shape

At the heart is the High Court Gender Sensitisation and Internal Complaints Committee (GSICC) , constituted by the Chief Justice with 7-13 members, ensuring a women majority . Composition includes: - 1-2 judges (one as Chairperson) - Senior advocates and association nominees - Representatives from women lawyers' federation and clerks' association - Outside experts from women & child welfare - A Deputy Registrar as Member-Secretary

Members serve two-year terms, with quarterly meetings and strict quorum rules. The GSICC handles policy, awareness programs (workshops, posters, volunteers), crisis mediation, and complaints—submitting annual reports to the Chief Justice.

Complaint to Closure: A Streamlined Path to Justice

Any " aggrieved woman " (broadly defined, excluding certain employees) can file within three months via the Member-Secretary. The GSICC forms a three-member Internal Sub-Committee (women-majority, with outsider) for a 90-day fact-finding inquiry, wielding civil court powers like summoning witnesses.

Post-inquiry, the full GSICC recommends to the Chief Justice, who decides on remedies: from admonition and entry bans (up to one year) to criminal referrals or Bar Council actions. Interim reliefs protect complainants during probes, with violations striking off defenses. Confidentiality is paramount—no public disclosure of victim identities.

Malicious complaints trigger action, but only after inquiry proves intent.

Voices from the Regulations: Pivotal Pronouncements

"WHEREAS gender discrimination and sexual harassment result in violation of the fundamental right of a woman to equality guaranteed under Articles 14 and 15... and right to a safe environment, free from sexual harassment under Article 19(1)(g)."

"“ Sexual harassment ” includes... physical contact and advances; a demand or request for sexual favours;... any other unwelcome physical, verbal or non-verbal conduct of sexual nature."

"No woman shall be subjected to sexual harassment at the High Court precincts."

"GSICC shall ensure prominent publicity of the Policy... organize programmes for gender sensitisation through workshops, seminars, posters..."

These underscore proactive prevention alongside redressal.

A Landmark for Judicial Workspaces: Implications Ahead

The Chief Justice's orders bind parties, with delegation possible but subject to approval. Backed by funds, annual reporting, and volunteer networks, the regulations override POSH Act exclusions but complement other laws.

This framework not only empowers women in Kerala's judiciary but sets a model for other courts, promoting dignity and equality. By institutionalizing sensitisation and swift justice, it transforms precincts into safer havens, potentially inspiring nationwide reforms.