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In an Appeal filed before the Delhi High Court challenging the clean chit given by the complaint committee and as well as the disciplinary authority to an employee of the council of scientific and Industrial Research accused of sexual harassment, the court has held that all physical contact cannot be termed as sexual harassment and only a physical contact or Advances which are in nature of an unwelcome sexually determined behavior “would amount to sexual harassment”.
In the case of case of Shanta Kumar vs. Council of Scientific and Industrial Research, the Appellant had contended that Respondent had held her hand and pushed her out of the laboratory which amounted to sexual harassment. Earlier the internal committees has given clean chit to the accused.
The committee exonerated the respondent concluding that the incident did not amount to sexual harassment but involved alteration in the back ground of the uncongenial environment.
The appellant contended that any unwelcome physical contact should be categorized as sexual harassment but the court did not agree with the appellant contention. The court concluded that although the said Incident may be case of harassment as is deplorable, the same would not qualify as sexual harassment.
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