Mere accidental physical contact not sexual harassment says Delhi HC

The Delhi High Court in a recent judgment has observed that mere accidental physical contact, even though unwelcome, would not amount to sexual harassment..The judgment was delivered in the case of Shanta Kumar v. The Council for Scientific and Industrial Research, wherein the petitioner had challenged the proceedings conducted by the Complaint Committee constituted to examine the charges of sexual harassment levelled by her..The petitioner had alleged that while she was working at the laboratory, one of her seniors entered and pushed her out of the laboratory and then locked the door. She also alleged that he was shouting and using derogatory language against another colleague and the SC/ST community..Since the expression ‘sexual harassment’ had not been used by the petitioner in her noting, clarification was sought from her as to whether the complaint involved harassment of a sexual nature. In response, the petitioner sent a letter alleging that she had been subjected to “all kinds of harassment including sexual harassment”..The Committee then examined the complaint made by the petitioner, concluding that the complaint was not of any sexual harassment but was a case of altercation in the background of the uncongenial environment prevailing in the division..Appearing for the petitioner, Advocate Rakesh Kumar submitted that any unwelcome physical contact would amount to sexual harassment and the Complaint Committee had erred in not appreciating the same..The Single Judge Bench of Justice Vibhu Bakhru observed that,.“Undoubtedly, physical contact or advances would constitute sexual harassment provided such physical contact is a part of the sexually determined behaviour. Such physical contact must be in the context of a behaviour 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 further stated that although the Complaint Committee had accepted that there was evidence to show that the senior had held the arm of the petitioner, it had concluded that the same was not a sexually determined behaviour..The Bench reiterated that all physical contact cannot be termed as harassment of a sexual nature and only physical contact or advances which are in the nature of “unwelcome sexually determined behaviour” would amount to sexual harassment..The Court, therefore, dismissed the petition, holding that it does not find the conclusion of the Complaint Committee to be perverse or without application of mind..Read Judgment:.Click here to download the Bar & Bench Android App