Kerala High Court in X vs. Abraham Mathai & Ors. [WA 1622/2025] reiterated that PoSH proceedings cannot commence without a written complaint as required under Section 9 of the Act. The Court found that the complainant had not submitted a written complaint but only made oral statements after disowning an anonymous one. It noted that the employee was capable of filing a written complaint, as she had already approached various forums, including the Labour Court, police, and Women’s Commission. Further, the Court held that the allegations were in the nature of labour disputes and lacked any sexual element such as physical contact, demands for sexual favours, or sexually coloured remarks. Consequently, it clarified that hostile work environments or unfair labour practices without a sexual component do not fall within “sexual harassment” under the PoSH Act. The Court concluded that compliance with the statutory requirement of a written complaint is indispensable for initiating PoSH proceedings.
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