Kerala High Court Quashes ICC Proceedings, Cites Lack of Sexual Harassment Allegations Under POSH Act
Safiya Malik
The Kerala High Court has set aside the proceedings initiated by the Internal Complaints Committee (ICC) of Kerala State Financial Enterprises Ltd. (KSFE), ruling that the complaint against the petitioner did not meet the definition of sexual harassment under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act). The court found that the allegations in the complaint did not fall within the scope of Section 2(n) of the Act and held that the ICC lacked jurisdiction to proceed with the case.
The petitioner, a manager at KSFE, Vikas Bhavan Branch, Thiruvananthapuram, filed a writ petition challenging the notice issued by the ICC, which was based on a complaint filed by the third respondent. The dispute originated from a memo issued by the petitioner on May 31, 2024, to eight junior female employees for not achieving their assigned targets in chit fund canvassing. The employees were directed to furnish an explanation within seven days. When no satisfactory responses were received, the petitioner reported the matter to higher authorities on June 19, 2024.
On June 20, 2024, the third respondent, who was not employed in the petitioner’s branch, entered the petitioner’s office along with members of a political union without prior permission. The petitioner alleged that the third respondent and others forcibly entered his cabin, attempted to seize his mobile phone, and created a hostile atmosphere. The petitioner lodged a police complaint on June 21, 2024, detailing the alleged misconduct of the third respondent and others.
Following this incident, the third respondent filed a complaint with the ICC, alleging that when she entered the petitioner’s office to discuss the memo issued to the employees, the petitioner attempted to record a video of her using his mobile phone and used obscene language in front of others. She claimed that his behavior was offensive and requested strict action. The ICC issued a notice to the petitioner on July 8, 2024, initiating an inquiry into the complaint.
The Kerala High Court examined the legal definition of sexual harassment under Section 2(n) of the POSH Act, which includes:
- Physical contact and advances.
- A demand or request for sexual favors.
- Making sexually colored remarks.
- Showing pornography.
- Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.
The court noted that the complaint filed by the third respondent did not contain allegations that fell within these categories. The judgment stated: “The complaint does not allege physical contact, advances, or any request for sexual favors. There are no allegations of making sexually colored remarks, showing pornography, or any other conduct of a sexual nature.”
The court further observed that the primary allegation was that the petitioner attempted to record the complainant’s video and used offensive language. The judgment recorded: “Even if the complaint is accepted in its entirety, the only accusation is that the petitioner used offensive language and attempted to record a video. These actions, while potentially inappropriate, do not constitute sexual harassment as defined under the Act.”
Additionally, the court noted that the complainant was not an employee of the petitioner’s branch and had entered his office without prior permission. The judgment stated: “The jurisdictional requirement for invoking the provisions of the POSH Act is absent in this case, as the complaint does not pertain to workplace sexual harassment as defined by law.”
Based on these findings, the Kerala High Court issued the following directives:
- The ICC’s notice to the petitioner, issued on July 8, 2024, is set aside.
- The ICC is barred from proceeding further in the matter, as the complaint does not meet the statutory definition of sexual harassment.
- The writ petition is allowed, and all pending proceedings before the ICC in connection with the complaint are quashed.
The court concluded: “Since the complaint does not disclose allegations that fall within the scope of sexual harassment under Section 2(n) of the POSH Act, the ICC lacks jurisdiction to proceed with the matter. The impugned notice is, therefore, set aside.”
Case Title: xxx vs The Kerala State Financial Enterprises Ltd.& Anr.
Case Number: WP(C) No. 24867 of 2024
Bench: Justice Dinesh Kumar Singh
[Read/Download order]
