The Madras High Court has recently made an important remarks related to sexual harassment at the workplace. The court extended the definition of sexual abuse in offices during the hearing of a case. The court said that the person’s behavior is more important than the intention of the person in the harassment case. Justice RN Manjula said during the hearing, “The unwanted behavior at the workplace is equal to sexual harassment, irrespective of this, no one has intention behind it.” The High Court also cited the decision of an American court in this judgment.
The comment was made by canceling an order of the Labor Court, in which the Internal Complaint Committee (ICC) of HCL Technologies rejected the allegations leveled against a senior employee. Three women employees had alleged that the said employee misused his post and stood behind them during their work and touched their shoulders and tried to shake hands. However, the accused denied the allegations, saying that he was only on a supervisory post and he was just looking at his work, there was no intention of sexually assaulting him.
The court rejected the arguments of the accused, saying, “If a woman finds unwanted or uncomfortable with something, there is no doubt that it will come under the definition of sexual harassment.” Justice Manjula said that the POSH Act has given priority to man’s behavior more than intentions in the definition of sexual harassment. The court also said, “Fundamental discipline and understanding is that employees of different sexes should treat each other with decency.”
