The Bombay High Court recently ruled that making a comment about a woman’s hair and singing a song related to it does not constitute sexual harassment under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Rules, 2013. The court quashed a case filed against an HDFC Bank employee under the PoSH Act.
Justice Sandeep Marne, while delivering the judgment, stated that the conduct of the accused, Vindo Kachave, does not amount to sexual harassment.
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“Considering the nature of the comment allegedly made by the Petitioner towards the complainant, it becomes difficult to believe that the same was made with an intent of causing any sexual harassment to the complainant. She herself never perceived the comment as sexual harassment when it was made,” observed Justice Marne in the order dated March 18.
Background of the Case
The petitioner, represented by advocate Sana Raees Khan, was conducting a training session on June 11, 2022. During the session, he noticed that the complainant was frequently adjusting her hair and appeared uncomfortable due to its length and volume. In a lighthearted manner, he commented, “You must be using a JCB to manage your hair” and subsequently sang a few lines from the song Yeh Reshmi Zulfe.
According to the petitioner, his intention was not to offend but to lighten the mood of the training session. He had also informed the attendees beforehand that he would be making jokes to create a relaxed atmosphere.
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Furthermore, Justice Marne took note of a WhatsApp exchange between the petitioner and the complainant after the incident, which indicated that the petitioner was encouraging the complainant regarding her performance, and she had expressed gratitude in response.
“Even if the allegations regarding the first incident are accepted as proven, it is difficult to hold that the petitioner committed any act of sexual harassment,” the judge ruled.
The Second Allegation
In another session on June 25, 2022, the petitioner noticed a male employee using his phone during training. He jokingly asked if the employee was chatting with his girlfriend. When the employee denied having a girlfriend, the petitioner responded, “Kyu, tumhara machine kharab hai kya?” (Why, is your machine not working?).
The complainant later stated that she felt uncomfortable with this remark and cited it as another instance of sexual harassment.
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However, Justice Marne dismissed this claim, reasoning that:
“The allegations do not indicate the presence of the complainant when the remark was made. The remark was not directed against her but towards another male employee. Therefore, it is difficult to believe that the conduct described in the second incident would cause any sexual harassment personally to the complainant.”
With these observations, the bench quashed the Internal Complaints Committee (ICC) report against the petitioner.
Appearance:
Advocates Sana Raees Khan, Juhi Kadu and Sanskriti Yagnik appeared for the Petitioner.
