In a recent ruling, the Madras High Court has made it clear that under the Prevention of Sexual Harassment (PoSH) Act, any act or behavior that makes a woman feel uncomfortable or is perceived by her as unwelcome will be considered sexual harassment, regardless of the perpetrator's intent. The court emphasized that the focus should be on the impact of the act on the victim rather than the alleged intentions of the individual involved.
Justice RN Manjula, delivering the judgment, explained that the PoSH Act prioritizes the act itself, rather than the intentions behind it. "The definition of 'sexual harassment' as seen from the PoSH Act has given significance to the act than the intention behind the same. In the event of such actions getting reported as a criminal offence, then the prosecution may be expected to prove the intention also," Justice Manjula stated.
The case revolved around allegations made by three women employees against N. Parthasarathy, a Service Delivery Manager at HCL Technologies, who was accused of unwelcome physical and verbal contact. One complainant claimed that Parthasarathy repeatedly hovered too close to her while she was seated at her desk. Another woman alleged he asked her intrusive questions about her physical measurements, while a third reported that he inquired about her menstrual cycles.
The court further reiterated the "reasonable woman standard" in assessing such complaints, emphasizing that the actions should be viewed from the perspective of how a woman perceives them. Justice Manjula highlighted a key point: "If something is not received well and it is inappropriate and felt as an unwelcome behaviour affecting the other sex, namely the women, no doubt it would fall under the definition of 'sexual harassment.'"
The Court also highlighted that employees, particularly those in positions of authority, must be mindful of how their actions affect others. The ruling emphasized that decency in workplace interactions is not defined by the harasser’s understanding of what is appropriate but by how the other gender perceives those actions.
In this case, Parthasarathy denied the allegations, claiming his actions were part of his supervisory duties. However, the Internal Complaints Committee (ICC) at HCL found his conduct inappropriate and recommended actions such as a pay cut and reassignment to a non-supervisory role. Despite this, the Principal Labour Court had previously overturned the ICC's findings, citing concerns about procedural fairness and denying access to CCTV footage.
The Madras High Court, however, found that the ICC had conducted a fair and reasonable inquiry, and the Labour Court’s decision to override its findings was erroneous. The Court firmly upheld the importance of maintaining privacy, secrecy, and safety for the victims in such cases, acknowledging that the fairness formula in sexual harassment inquiries can be flexible depending on the nature of the complaint and the workplace involved.
"It has been already stated that the respondent's act has caused a feeling of embarrassment and discomfort in the mind of complainants," the Court reaffirmed, emphasizing that the impact on the victims was paramount. In light of this, the Court quashed the Labour Court’s decision and upheld the ICC's recommendations, ensuring accountability for inappropriate behaviour in the workplace.
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