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 woman employee contended in the High Court that any unwelcome physical contact should be categorised as sexual harassment.
"... All physical contact can not be termed as sexual harassment and only a physical contact or advances which are in the nature of an "unwelcome sexually determined behaviour" would amount to sexual harassment", Justice Vibhu Bakhru said in a judgment pronounced on Tuesday. Both of them were working in the Central Road Research Institute (CRRI) which is a part of the Council of Scientific and Industrial Research (CSIR).
The committee concluded that the man might have held the woman's arm and thrown material from her hand in a fit of anger, adding that although the said incident may be a case of harassment and was deplorable, the same would not qualify as a sexual harassment.
Kumar had claimed that the respondent held her arm and any unwelcome physical contact should be categorized as sexual harassment.
NY pickup terror suspect used to drive a much bigger rig
Several news outlets reported that Saipov has a Florida driver's license but that he might have been living in New Jersey. Saipov is being held in connection to the Tuesday afternoon attack near the World Trade Center memorial.
The Complaints Committee after examining her complaint had concluded that "it was a case of altercation in the background of the uncongenial environment prevailing in the division".
Rejecting the woman's appeal, HC ruled out her challenge to the constitution of the committee and the disciplinary authority, saying that there is no infirmity in their setup. "Such physical contact must be in the context of a behaviour which is sexually oriented".
The Delhi High Court, however, noted that "undoubtedly, physical contact or advances would constitute sexual harassment", but only if such a behaviour is part of a "sexually determined behaviour". The disciplinary authority had accepted the committee's report and in October 2009 gave a clean chit to the man.
Recently, a poll found that 37 per cent of people had experienced sexual harassment, ranging from inappropriate comments to sexual assault at work or a place of study.
- Retail sales disappoint again, staying flat in September
- Notable Two Hundred Day Moving Average Cross - FISV
- Les Warriors sans pitié pour les Spurs
- Appeals Court Rules Against Louisiana Gov. John Bel Edwards' LGBT Rights Order
- Wendy Williams Passes Out on Live Television
- Cesc Fabregas hails Jose Mourinho ahead of Chelsea's clash against Manchester United
- 'Don't Tweet Every Thought': Michelle Obama Calling Out Trump Twitter Tirades?
- Hapless 'burglar' mocked by police after getting stuck in shop's extractor unit
- Discovery Communications, Inc. (NASDAQ:DISCA) Touching Most Active List Today
- Paytm launches "Inbox" in-app messaging service to take on WhatsApp