Madras High Court's big statement, 'Unwanted behavior with women in the office is also sexual harassment'

While hearing a case, the Madras High Court said that unwanted behavior with women at the workplace also comes under the category of sexual harassment. Whatever the intention of the harasser, this is a criminal act, the court said. In fact, Justice R.N. Manjula pointed out that under the POSH Act, it is the act of sexual harassment that has been given primacy, not the intention behind the act.

The court said that unwanted behavior at the workplace is sexual harassment, whatever the intention of the harasser. Be it not well accepted, inappropriate, and creates a feeling that it is unwanted behavior affecting the other sex, i.e., women, then there is no doubt that it will come under the definition of sexual harassment. 'The court said citing a decision of the US court. The High Court added that the standard of reasonableness is a scale to be set by women and based on their feelings, not vice versa.

The Madras High Court said that it is the fundamental discipline and understanding with which employees of different sexes are expected to interact with each other, where decency is the criterion and nothing else. The court said that it is not the decency that the offender thinks within himself, but how he makes the other sex feel about his actions.

The whole matter is related to sexual harassment in the office. According to the information, 3 female employees of HCL Technologies had complained that their senior behaved unwantedly with them. Against this, these women had complained to the ICC. The women had said in their complaint that their senior stood very close behind them. The senior touches their shoulders and insists on shaking hands.

However, the senior also clarified the allegations against him and said that his intention was not to make the women uncomfortable. His job is to monitor the work of his subordinates. That is why he stands behind and watches the work. He used to do his work without disturbing anyone. In this case, the ICC declared the man guilty. It overturned the decision of the Labor Court, in which the senior was held guilty.

After the Labor Court, the entire matter reached the Madras High Court. In the entire case, the court further clarified the definition of sexual harassment and overturned the decision of the Labor Court. The court clearly said that action is more important than intention. The court said that whatever may be the intention of the harasser, unwanted behavior of anyone at the workplace is sexual harassment.