The Bombay High Court has ruled that commenting on the length and volume of a woman’s hair does not amount to sexual harassment under the law. The verdict comes in a case where a private bank employee was penalized for making a lighthearted remark about a colleague’s long hair.
Justice Sandeep Marne, in his judgment, set aside the findings of the Internal Complaints Committee (ICC) and the Industrial Court, ruling that the comment in question did not constitute sexual harassment.
The Case Background
The case involved Vinod Narayan Kachave, an Associate Regional Manager at a private bank, who was accused of sexually harassing a female colleague during a training session on June 11, 2022. The complainant alleged that Kachave made an inappropriate comment about her long hair, saying, “You must be using a JCB to manage your hair.”
In response, Kachave claimed that his remark was a lighthearted joke to ease the complainant’s apparent discomfort as she repeatedly adjusted her hair. He also sang a few lines from the song “Yeh Reshmi Zulfe”, attempting to further lighten the mood. The complainant, however, expressed her disapproval at the time.
A month later, after resigning from her position, she filed a formal complaint with the bank’s HR department. Following an inquiry, the ICC found Kachave guilty of sexual harassment, leading to his demotion. Kachave challenged the decision before the Industrial Court in Pune, which upheld the ICC’s findings. This prompted him to move the High Court.
Court’s Observations
Justice Marne, while ruling in favor of Kachave, found the ICC’s report to be vague and lacking in substantial analysis. He noted:
“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 also pointed out inconsistencies in the complainant’s reaction and the timing of her complaint. It highlighted that the complainant maintained a professional relationship with Kachave after the incident and only reported it after resigning from her job.
“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,” the Court ruled.
Further, the Court criticized the ICC’s findings, stating:
“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.’”
Final Verdict
Setting aside the Industrial Court’s ruling and the ICC report, the High Court concluded that Kachave’s comments did not amount to sexual harassment.
This ruling underscores the importance of intent and context in cases of workplace harassment, reinforcing that not all remarks, even if unwelcome, necessarily qualify as sexual misconduct under the law.
Case: Vinod Narayan Kachave vs The Presiding Officer (ICC) and Anr – Available on LAWFYI.IO
