New Delhi, Nov 2: In a verdict which could trigger a larger debate, the Delhi High Court has refused to classify every “unwelcome physical contact” as sexual harassment.
Hearing an appeal challenging clean chit given to an employee of Council of Scientific and Industrial Research (CSIR) in a sexual harassment case, the high court said that “all physical contact cannot be termed as sexual harassment and only a physical contact or advances which are in the nature of an “unwelcome sexually determined behaviour” would amount to sexual harassment.”
The appealant had accused a colleague of sexual harassment, saying he had “held her hand and pushed her out of the laboratory”.
Justice Vibhu Bakhru, in his ruling, said that an accident physical contact can not be seen as a case of sexual harassment.
“Undoubtedly, physical contact or advances would constitute sexual harassment provided such physical contact is a part of the sexually determined behavior. Such physical contact must be in the context of a behavior which is sexually oriented. Plainly, a mere accidental physical contact, even though unwelcome, would not amount to sexual harassment. Similarly, a physical contact which has no undertone of a sexual nature and is not occasioned by the gender of the complainant may not necessarily amount to sexual harassment,” the court’s verdict stated.
“This Court does not find that the said conclusion to be perverse or without application of mind as was contended on behalf of the petitioner. This Court finds no merit in the present petition. The same is, accordingly, dismissed,” Justice Bakhru said in his judgment.
A woman employee of CSIR had accused a colleague scientist of sexually harassing her. In her complaint the woman claimed that her male colleague stormed inside the laboratory, held her hand, snatched her testing sample.
