Ritika, is a senior analyst at a financial firm. She has been feeling uncomfortable around her colleague Aman lately. He frequently makes remarks about her appearance and often touches her shoulder while speaking. Despite her discomfort, Aman insisted that he was just being friendly and had no ill intentions.
One day, after a particularly awkward encounter, Ritika decided to file a complaint with the company’s Internal Committee (IC). During the inquiry, Aman defended himself, stating that his behaviour was friendly and not intended to harass or offend. Some colleagues even vouched for Aman’s character, suggesting that Ritika might have misunderstood his actions. Confused and anxious, Ritika feared that her concerns would be dismissed.
A similar issue was addressed by the Madras High Court in HCL Technologies Ltd. vs. N.Parsarathy where the Court held that the intent of the respondent is not a determining factor in cases of workplace sexual harassment. The Court emphasised that it is the perception of the aggrieved woman that matters, not the intention of the accused. Unwelcome behaviour that causes discomfort or apprehension qualifies as sexual harassment, irrespective of whether the perpetrator intended to harass.
This judgment is crucial as it underscores the importance of focusing on the impact of the behaviour rather than the intent behind it. It aligns with the fundamental objective of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (PoSH Act), which aims to safeguard the dignity and safety of women at work.
How Can Organisations Address Unwelcome Behavior Effectively?
Ritika’s experience highlights the need for organisations to address the subjective nature of harassment. Here are key steps organisations should take:
- Educating Employees on Workplace Etiquette
Organisations must conduct regular training sessions to clarify that harassment is determined by how the behaviour is perceived, not the intent behind it. This helps prevent dismissive attitudes toward complaints. - Focusing on the Impact During Inquiry
IC members should be trained to focus on the complainant’s perspective rather than the accused’s intent while assessing complaints. This ensures that the complainant’s feelings of discomfort are given due importance. - Promoting a Respectful Work Environment
Encouraging open discussions about personal boundaries and respectful conduct can help create a more considerate and inclusive workplace.
By incorporating these measures, organisations can align with the PoSH Act’s core principle of prioritising the safety and comfort of individuals over the subjective intent of the accused. Upholding this standard reinforces a workplace culture that truly values respect and inclusivity.
For more insights into PoSH compliance and creating a respectful workplace, contact Serein at hello@serein.in.