In the case of Apparel Export Promotion Council v. A.K Chopra
The supreme court while emphasizing on the the definition of what amounts to sexual harassment, upheld the dismissal of a superior officer of the Delhi based apparel export promotion council who was found guilty of sexually harassing a subordinate female employee at the workplace.
According to the court,
“Sexual harassment is a form of sex discrimination projected through unwelcome sexual advances, request for sexual favours and other verbal or physical conduct with sexual overtones, whether directly or by implication, particularly when submission to or rejection of such conduct by the female employee was capable of being used for affecting the employment of the female employee and unreasonably interfering with her work performance and had the effect of creating an intimidating or hostile work environment for her.”
“That in such cases, the courts must try to look at the broader implications and not deny justice to women based on narrow technicalities or dictionary meanings, the conduct of the respondent was indecent and hence amounted to sexual harassment.”
Supreme Court widened the scope of understanding of what constitutes as sexual harassment by ruling that physical contact was not essential for it to amount to an act of sexual harassment.
Takeaways for the Internal Committee
- It is important to understand the manner in which the court has expressed what can amount to sexual harassment. It’s not a narrow approach but a wide one.
- To always analyse the impact the situation has created for the complainant.
- To look at all cases of sexual harassment with the degree that the act violated someone’s integrity.
- A case of virtual or written sexual harassment should be dealt with the same seriousness as other heinous forms of sexual harassments.