The Kerala High Court has clarified that oral complaints cannot replace the mandatory written complaints required under the Prevention of Sexual Harassment (PoSH) Act, 2013. The judgment reinforces procedural requirements aimed at ensuring fair and transparent inquiry processes in sexual harassment cases at the workplace.
Background:
The PoSH Act mandates that complaints of workplace sexual harassment be submitted in writing to the Internal Complaints Committee (ICC) or the Local Complaints Committee (LCC). In a recent case, the court examined whether an oral complaint could trigger proceedings under the Act. The petitioner contended that oral grievances should suffice in initiating action against alleged harassment.
Court’s Rationale:
The Kerala High Court ruled that the Act explicitly requires complaints to be in writing to ensure clarity and to facilitate a structured inquiry process. It observed that bypassing this requirement could lead to ambiguities and procedural inconsistencies, potentially affecting both the complainant and the accused.
Existing Measures:
The PoSH Act provides a framework for handling workplace harassment cases, including guidelines for filing complaints, conducting inquiries, and ensuring confidentiality. The insistence on written complaints is designed to create a clear record and avoid misunderstandings during the resolution process.
Conclusion:
The Kerala High Court’s decision underscores the importance of adhering to statutory procedures under the PoSH Act. By emphasizing written complaints, the court aims to uphold the integrity of the grievance redressal process, ensuring justice for victims while safeguarding the rights of the accused.