The Bombay High Court recently held that commenting on the length and volume of a woman's hair does not amount to sexual harassment [Vinod Narayan Kachave v The Presiding Officer (ICC) and Anr]..A Single Bench of Justice Sandeep Marne was hearing a plea by a man who is alleged to have told a fellow employee with long hair that she "must be using a JCB" to manage her hair.The Court observed that it was "difficult to believe" that this comment intended to cause sexual harassment..According to the petitioner, Vinod Kachave, an employee of a private sector bank, the incident occurred during a training session on June 11, 2022. Kachave noticed that the complainant seemed uncomfortable and was frequently adjusting her long hair. To lighten the mood, Kachave, who was conducting the session, is said to have jokingly commented, “You must be using a JCB to manage your hair.” To make the complainant feel more at ease, he also sang a few lines from the song "Yeh Reshmi Zulfe." The complainant, however, expressed her disapproval of the remark, stating that she did not like it..In July 2022, shortly after the incident, the complainant resigned from her position and filed a formal sexual harassment complaint with the bank’s Human Resources department. As a result, Kachave was demoted from his position as Associate Regional Manager to Deputy Regional Manager on October 1, 2022. The Internal Complaints Committee (ICC) conducted an investigation and, on October 30, submitted its report, finding Kachave guilty of sexual harassment. Kachave then appealed the decision before the Industrial Court in Pune, which dismissed his plea. This led him to further appeal the decision before the Bombay High Court..Kachave's counsel, Advocate Sana Raees Khan, argued that there was no intent to harass the complainant, especially since the complainant did not express any discomfort at the time. The relationship between the complainant and Kachave remained positive afterwards, the counsel further argued. She highlighted that even if the allegations were accepted, they did not qualify as sexual harassment under the law..Justice Marne eventually granted Kachave relief. The Court noted that the ICC's findings against him were vague."Considering the nature of the comment allegedly made by the Petitioner towards the complainant, it becomes difficult to believe that the same was made with an intent of causing any sexual harassment to the complainant," the Court held. Furthermore, the Court observed that the complainant herself did not perceive the comment as harassment when it was made and maintained a professional relationship with Kachave after the incident..The Court also commented on the lack of a detailed examination of the evidence in the ICC’s report. "The ICC has merely made vague recommendations by recording a general finding that ‘all serious allegations were confirmed by multiple witnesses that were interviewed by the committee,'" the Court found. Justice Marne emphasized that the ICC report did not adequately discuss whether the allegations truly amounted to sexual harassment.The Court also questioned the timing of the complaint, pointing out that it was made only after the complainant tendered her resignation."Ms. Khan would in fact suggest that the complaint of sexual harassment was made immediately after tendering of resignation by the complainant," the Court noted..Ultimately, Justice Marne ruled that even if the allegations were true, no case of sexual harassment was made out against Kachave. "Even if the allegations are taken as proved, no case of sexual harassment of the complainant was made out in the light of peculiar facts and circumstances of the present case. In my therefore, the impugned judgment and order passed by the Industrial Court is indefensible and liable to be set aside," the Court ruled. It set aside the findings of the Industrial Court and the ICC report, ruling that the petitioner’s comments regarding the complainant’s hair did not constitute sexual harassment..Advocate Sana Raees Khan along with advocates Juhi Kadu and Sanskriti Yagnik appeared for the petitioner, Vinod Kachave. .[Read Order]
The Bombay High Court recently held that commenting on the length and volume of a woman's hair does not amount to sexual harassment [Vinod Narayan Kachave v The Presiding Officer (ICC) and Anr]..A Single Bench of Justice Sandeep Marne was hearing a plea by a man who is alleged to have told a fellow employee with long hair that she "must be using a JCB" to manage her hair.The Court observed that it was "difficult to believe" that this comment intended to cause sexual harassment..According to the petitioner, Vinod Kachave, an employee of a private sector bank, the incident occurred during a training session on June 11, 2022. Kachave noticed that the complainant seemed uncomfortable and was frequently adjusting her long hair. To lighten the mood, Kachave, who was conducting the session, is said to have jokingly commented, “You must be using a JCB to manage your hair.” To make the complainant feel more at ease, he also sang a few lines from the song "Yeh Reshmi Zulfe." The complainant, however, expressed her disapproval of the remark, stating that she did not like it..In July 2022, shortly after the incident, the complainant resigned from her position and filed a formal sexual harassment complaint with the bank’s Human Resources department. As a result, Kachave was demoted from his position as Associate Regional Manager to Deputy Regional Manager on October 1, 2022. The Internal Complaints Committee (ICC) conducted an investigation and, on October 30, submitted its report, finding Kachave guilty of sexual harassment. Kachave then appealed the decision before the Industrial Court in Pune, which dismissed his plea. This led him to further appeal the decision before the Bombay High Court..Kachave's counsel, Advocate Sana Raees Khan, argued that there was no intent to harass the complainant, especially since the complainant did not express any discomfort at the time. The relationship between the complainant and Kachave remained positive afterwards, the counsel further argued. She highlighted that even if the allegations were accepted, they did not qualify as sexual harassment under the law..Justice Marne eventually granted Kachave relief. The Court noted that the ICC's findings against him were vague."Considering the nature of the comment allegedly made by the Petitioner towards the complainant, it becomes difficult to believe that the same was made with an intent of causing any sexual harassment to the complainant," the Court held. Furthermore, the Court observed that the complainant herself did not perceive the comment as harassment when it was made and maintained a professional relationship with Kachave after the incident..The Court also commented on the lack of a detailed examination of the evidence in the ICC’s report. "The ICC has merely made vague recommendations by recording a general finding that ‘all serious allegations were confirmed by multiple witnesses that were interviewed by the committee,'" the Court found. Justice Marne emphasized that the ICC report did not adequately discuss whether the allegations truly amounted to sexual harassment.The Court also questioned the timing of the complaint, pointing out that it was made only after the complainant tendered her resignation."Ms. Khan would in fact suggest that the complaint of sexual harassment was made immediately after tendering of resignation by the complainant," the Court noted..Ultimately, Justice Marne ruled that even if the allegations were true, no case of sexual harassment was made out against Kachave. "Even if the allegations are taken as proved, no case of sexual harassment of the complainant was made out in the light of peculiar facts and circumstances of the present case. In my therefore, the impugned judgment and order passed by the Industrial Court is indefensible and liable to be set aside," the Court ruled. It set aside the findings of the Industrial Court and the ICC report, ruling that the petitioner’s comments regarding the complainant’s hair did not constitute sexual harassment..Advocate Sana Raees Khan along with advocates Juhi Kadu and Sanskriti Yagnik appeared for the petitioner, Vinod Kachave. .[Read Order]
