In a significant turn of events, the Madras High Court has recently made a clarification over the unwelcoming and inappropriate behavior at the workplace. The court explained that such behavior adversely affects the women. This act will be held as sexual harassment under the sexual harassment of women at the workplace act of 2019 (Prevention, Prohibition, and Redressal).
What Justice RN Manjula Said?
“Unwelcome behavior at the workplace is sexual harassment irrespective of the harasser’s intent,” Justice RN Manjula said.
“If something is not received well, and its appropriateness is felt as unwelcoming behavior affecting the other sex, namely the women, no doubt it would fall under the definition of sexual harassment,” the High Court added, citing a US court judgment.
Justice RN Manjula of the Madras High Court recently emphasized that under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act (PoSH Act), the focus is on the act of sexual harassment itself, rather than the intention behind it.
She highlighted that any inappropriate or unwelcome behavior affecting women is considered sexual harassment, regardless of the perpetrator’s intent.
“It is the fundamental discipline and understanding with which employees of different genders are expected to interact with each other where decency is the yardstick and nothing else. While speaking about decency, it is not the decency that the offender thinks within himself but how he makes the other gender feel about his actions,” Justice Manjula said.
“The standard of reasonableness is not the standard of a reasonable man but the standard of a reasonable woman, she further clarified.
Recent case of sexual harassment
This is to be noted that Justice Manjula of the Madras High Court made important observations about sexual harassment while overturning a decision by a labor court. The labor court had previously dismissed the findings of the Internal Complaints Committee (ICC) of HCL Technologies, which had found a senior employee guilty of sexual harassment based on complaints from three women employees.
In this case, the senior employee had claimed that his actions, such as standing close behind the women while they worked and touching their shoulders, were part of his supervisory role. However, the court ruled that these actions were inappropriate and constituted sexual harassment.
Justice Manjula’s ruling reinforces that the feelings and perceptions of the person experiencing the behavior are what matter most in determining whether an act is considered sexual harassment.
Kanishka Malhotra is a seasoned journalist with a deep passion for reporting and uncovering the truth. With a specialization in research and investigative Journalism, she has covered wide range of topics related to social issues, travel, lifestyle, technology, Entertainment and much more. She believes to express and share her creativity to the world through words. With relentless pursuit of knowing and uncovering the truth, Kanishka continues to leave a mark in the world of journalism.
Comments