Not all physical contact is sexual harassment, rules Delhi HC

The Delhi High Court on Thursday has refused to classify every "unwelcome physical contact" as sexual harassment.

The court observed this while hearing an appeal challenging clean chit given to an employee of CSIR accused of sexual harassment.

"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 court observd.

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.

In 1997, the Supreme Court in the case of Vishakha & Ors. v. State of Rajasthan, had set out the guidelines and norms for proper reporting and disposal of sexual harassment cases at work places. The case had also laid out an inclusive definition of sexual harassment that was later adopted as a norm in most of the private and public sector companies with an internal committee and grievance cell.

OneIndia News (with agency inputs)