Right to right: Whatever the intentions are, action is important … High Court imposed unwanted behavior in office sexual harassment

New Delhi : Senior officer of a well -known tech company. Serious allegations against 3 women working in the same office. Accused of sexual harassment at the workplace. The Internal Complaint Committee (ICC) investigates. The allegations find true but the Labor Court in its order overturns the ICC’s decision. Now the High Court has turned the decision of the Labor Court and made it clear that whatever the intention is, action is more important. In this episode of ‘Haq Ki Baat’, we know whether this is the case and what the High Court has said in its order. The case is related to sexual harassment at the workplace. 3 women employees of HCL Technology accused one of her seniors of unwanted behavior. The women had filed a complaint against that senior at the Internal Complaint Committee (ICC). She alleged that when she works, her senior stands very close to her. Touches their shoulders and insist on joining hands.

The senior who was accused argued in his/her defense that his/her intention was not to make women uncomfortable. he/she used to stand behind him/her only to monitor the work of his/her subordinates. his/her job is to monitor their functioning without disturbing their subordinates. he/she was only doing his/her duty. The ICC held the person guilty but the Labor Court changed the decision.

The matter reached Madras High Court. The High Court overturned the Labor Court verdict, making the definition of sexual harassment at the workplace more clear and strong. The court said that ‘action’ is more important than ‘intention’. Justice RN Manjula said that whatever the intention of the harassment, someone’s unwanted behavior at the workplace is sexual harassment.

The High Court, citing the decision of an American court, said, “If something is not good, unfair and looks like unwanted behavior that affects the other gender, ie women, then there is no doubt that it is a doubt that it is sexual harassment Will come in the definition.

Justice Manjula said that according to the POSH (Prevention of Sexual Harassment) Act, more acts than intentions have been given importance in the definition of sexual harassment. he/she said, “This is basic discipline and understanding with which employees of different gender are expected to interact with each other where decency is the criteria and nothing else.”

The accused person said in his/her defense that since he/she had to monitor the work of his/her subordinates without disturbing them, he/she stood behind them and inspected their work. he/she denied any intention of sexual harassment. The High Court disagreed with this, saying, “The complainants had no misunderstanding before giving a complaint against him/her.”