No Sexual Harassment Allegation : No IC Jurisdiction

May 1, 2025

While the PoSH Act provides critical protection against gender-based "sexual harassment" at the workplace to an "aggrieved woman," it should not be extended to include alleged harassing conduct that is devoid of any sexual connotation.

In a recent judgment1, the Kerala High Court has held that if the complaint discloses no allegations of sexual harassment, the Internal Complaints Committee would generally lack jurisdiction to proceed.

Statutory definition of “sexual harassment”:

Section 2(n) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act (PoSH Act), 2013 defines “sexual harassment” as including:

“any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely: –

(i) physical contact and advances; or

(ii) a demand or request for sexual favours; or

(iii) making sexually coloured remarks; or

(iv) showing pornography; or

(v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature;”

Brief Facts

Issuance of Memo to Staff :

On 31.05.2024, the petitioner – alleged harasser...

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