On 22nd January 2025, the Madras High Court has made it clear that under the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013 any act or behaviour that makes a woman  feel uncomfortable or is perceived by her as unwelcome will be considered as sexual harassment, regardless of the wrongdoer’s intent. The bench of   R.N. Manjula observed that decency is not determined by what an individual perceives as appropriate but by how their actions impact the other gender.  

Facts of the Case: 

The case pertains to a 2017 complaint against a Service Delivery Manager at HCL Technologies, alleging multiple instances of sexual harassment. The allegations of the complaint stated that the Respondent had indulged in unwelcome physical contact, asked inappropriate personal questions, and created a hostile work environment for the female employees. The Internal Complaints Committee (ICC), constituted under the POSH Act, found the Respondent guilty of misconduct. 

Recommendations of ICC:  

The recommendations of ICC included a series of disciplinary measures, such as stripping the Respondent of supervisory responsibilities, confining his role to India, and denying him pay raises or benefits for two years. These recommendations aimed to ensure the safety and dignity of the company’s female employees.  

Labour Courts Decision: 

However, the Respondent appealed to the Labour Court, alleging that ICC did not follow the due process, which resulted in procedural violations. The Labour Court accepted his arguments that the non-disclosure of CCTV footage and the absence of cross-examination opportunities rendered the inquiry unfair. Thus, the court set aside the ICC’s findings in December 2019.  

Madras High Court Verdict: 

Challenging this decision when HCL Technologies moved the Madras High Court, the Court had quashed the Principal Labour Court’s order that had invalidated the findings of the ICC on allegations of workplace sexual harassment. The High Court criticized the Labour Court’s approach, stating that it had failed to appreciate the nuances of workplace harassment matters and highlighted that in such cases, the perception of the victim holds more significance than the intent of the accused. Finally, the High Court upheld the recommendations made by the ICC and emphasized the importance of a fair but context-sensitive inquiry process in such cases. 

Credits: Vasantha Kotagiri