The Calcutta High Court ruled that terms like “baby” and “sweety,” while inappropriate, are not always considered sexual harassment. The court emphasized that such expressions may be common in certain social settings and do not always carry sexual connotations. The case also highlighted the risk of applying a “reverse bias” against male accused in sexual harassment cases.
Justice Sabyasachi Bhattacharyya, while delivering the judgment, noted that the incident in question did not involve any inappropriate behavior like peeping or staring in compromising situations. The court remarked that “staring” has different interpretations and doesn’t always amount to sexual harassment under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.
The court further noted that when the petitioner expressed discomfort over the terms “baby” and “sweety,” the respondent stopped using them. While these terms were deemed inappropriate by the Internal Complaints Committee (ICC), the court said they do not always have a sexual undertone.
On the issue of “reverse bias,” the court warned that in sensitive cases like sexual harassment, there must be a balance. Overprotection of complainants could lead to misuse of the law, creating challenges for genuine and competent women in workplaces, rather than solving the issues.
In this case, the petitioner, a former Deputy Commandant in the Coast Guard, alleged sexual harassment by her superior officer. The ICC dismissed her complaint after hearing both sides. The court found discrepancies in the petitioner’s behavior and noted that she had previous charges of misconduct and psychological issues. The court ruled that these factors suggested the allegations may have been an afterthought to avoid disciplinary action.
Ultimately, the Calcutta High Court upheld the ICC’s decision, clearing the respondent of the sexual harassment charges.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
