The Madras High Court has given a significant ruling in the context of the Protection of Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (PoSH Act). The court has emphasized that “action” matters more than “intent” in cases of sexual harassment, making the Act more effective in preventing and addressing such incidents. This reading of the Act is significant, as intent is often difficult to define and prove.
The High Court quashed a labour court’s order that had overturned the findings of an internal committee and instead relied on the intentions of the harasser. The court held that unwelcome behavior in the workplace, regardless of the harasser’s intent, constitutes sexual harassment. The court cited the US Supreme Court’s judgment in Joseph Oncale vs Sundowner Offshore Services, Inc. (1998), which stated that the standard of reasonableness in such cases is that of a reasonable woman, not a reasonable man.
The High Court’s judgment highlights the importance of considering the perspective of a reasonable woman in determining what constitutes sexual harassment. The court stated that the definition of sexual harassment under the PoSH Act focuses on the act itself, rather than the intention behind it. The court added that the standard of reasonableness would be that of a reasonable woman, not a reasonable man.
The case involved three women employees who had filed complaints against their supervisor, who had allegedly abused his supervisory role and harassed them by standing closely, touching their shoulders, and insisting on handshakes. The supervisor claimed that he had no intention to harass them, but the High Court held that the act itself was sufficient to constitute sexual harassment, regardless of his intentions.
The High Court’s emphasis on the importance of “action” over “intent” is significant and has given teeth to the PoSH Act. The Act, which was passed in 2013, aims to prevent and address sexual harassment in the workplace. This ruling will likely have a positive impact on the working lives of women and create a safer and more respectful work environment.