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An accidental physical contact, though unwelcome, would not amount to sexual harassment, says Delhi HC

Team SoOLEGAL 3 Nov 2017 12:27pm

An accidental physical contact, though unwelcome, would not amount to sexual harassment, says Delhi HC

The Delhi High Court has ruled that every unwelcome gesture of physical contact cannot be termed sexual harassment unless it is in the nature of a sexually oriented behaviour.

The aforesaid observation was made by Justice Vibhu Bakhru, also said that even an accidental physical contact, 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 said.

The observations by the bench came during the hearing of an appeal by a CRRI scientist challenging the clean chit given by the complaints committee and disciplinary authority to her former senior colleague, whom she had accused of sexual harassment.

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 allegation pertained to an incident of April 2005 when the man had entered the laboratory where the woman was working and had snatched samples from her hand, thrown the materials and pushed her out of the room.

The woman had contended that any unwelcome physical contact would amount to sexual harassment. [Inputs TOI]



Tagged: Delhi High Court   Accidental Physical Contact   Sexual Harassment   CRRI   CSIR  
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