CHENNAI: The Madras High Court has held that any inappropriate behaviour that harms women shall be considered sexual harassment irrespective of the intent behind such acts, under the Sexual Harassment of Women at Workplace (PoSH) Act.
“The definition of “sexual harassment” as seen from the PoSH Act has given significance to the act than the intention behind the same. In the event of such actions getting reported as a criminal offence, then the prosecution may be expected to prove the intention also,” Justice RN Manjula said in the order pronounced on Wednesday.
The observations were made while quashing an order of the principal labour court, which nullified the recommendations of the Internal Complaints Committee (ICC) of HCL Technologies in connection with the action initiated against N Parthasarathy, who served as service delivery manager following complaints lodged by three women employees regarding sexual harassment.
One employee levelled charges of unwelcome physical contact by hovering closer to her while another employee stated that he had verbally harassed her by repeatedly asking her physical measurements. The third complainant alleged that he had asked her about her menstrual cycles.
However, Parthasarathy had contended that he had made the gestures as part of his supervisory role’s nature. After inquiring into the complaints, the ICC recommended a cut in pay hike and related benefits for two years and to place him in a non-supervisory role. The principal labour court in Chennai had set aside these recommendations.
Justice Manjula noted that the ICC appears to have been sensitive and reasonable in its approach and as the inquiry is a quasi-judicial one, it is sufficient to reach a logical conclusion based on the materials relevant to the issue.