Delhi High Court has ruled that any unwelcomed or accidental physical contact without undertones of a sexual nature doesn’t amount to sexual harassment.
The High Court was making a ruling in the case of a former CRRI scientist with regard to a complaint of an ex-colleague against him, giving him a clean chit. Times of India has reported that HC ruled that there should be context while defining a physical contact as sexual in nature.
Physical contact or advances would constitute sexual harassment if such physical contact is part of the sexually determined behaviour. Such physical contact must be in the context of a behaviour which is sexually oriented. A mere accidental physical contact, even though it may be unwelcomed, 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," Justice Bakhru noted.
In the case of the scientists, both were working in the Central Toad Research Institute (CRRI). In her complaint, the woman had mentioned an incident that happened in April 2005. She alleged that the male scientist had come into the laboratory where she was working and grabbed her arm to snatch some samples from her and threw them on the floor. She also said that the man had pushed her out of the room and maintained that this act was an unwelcomed physical contact that would amount to sexual harassment.
But the internal complaints committee concluded that "it was a case of altercation in the background of the uncongenial environment prevailing in the division." HC saw substance in the stand of the committee and agreed 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."
Also read
