Introduction
The Bombay High Court quashed a sexual harassment case against an HDFC Bank employee. It is ruled that his comments and song about a colleague’s hair did not amount to sexual harassment under the PoSH Act, 2013. The court found no intent to harass and noted that the complainant did not initially perceive the remarks as harassment.
Case Background
The case involved Vindo Kachave, an HDFC Bank employee. He was accused of sexual harassment during a training session on June 11, 2022. The complainant alleged that Kachave commented on her hair and sang a song about it. This was making her uncomfortable. She later cited a second incident from June 25, 2022. Kachave made a remark about a male colleague’s relationship status. The Internal Complaints Committee (ICC) found him guilty, leading to the case reaching the Bombay High Court.
Petitioner’s Stance
Kachave, represented by advocate Sana Raees Khan, argued that his comment was lighthearted. It aimed at making the complainant comfortable. He noticed she was frequently adjusting her hair. He jokingly said, “You must be using a JCB to manage your hair,” followed by a few lines from the song Yeh Reshmi Zulfe.
Khan further contended that Kachave had informed all participants before the session that he would use humor to create a relaxed environment. Additionally, WhatsApp messages exchanged after the session showed Kachave motivating the complainant, who expressed gratitude.
Court’s Ruling:
Justice Sandeep Marne ruled that the comment and song did not indicate any intent of sexual harassment. The complainant did not initially consider the remarks as harassment, further weakening the case. The court ruled that the allegations, even if true, did not meet the legal standard for sexual harassment.
Regarding the second incident, where Kachave asked a male colleague if he was texting his girlfriend and joked, “Kyu tumhara machine kharab hai kya?” the court found no basis for sexual harassment claims. Justice Marne highlighted that the remark was directed at a male employee, not the complainant.
Final Verdict
The court ruled that neither incident amounted to sexual harassment under the PoSH Act, 2013. The ICC’s findings against Kachave were quashed, clearing him of all charges.
