First step is the IC must study and conduct its own enquiries and discussions with the complainant to ensure that it is a matter of sexual harassment. Because not all the complaints will be sexual harassment.
Following judgement is the judicial view:
“All unwelcome physical contact will not sexual harassment.
Compliant & accused both were working in same establishment. Accused entered the Lab room of complainant, snatched the material in the hands of the complainant, threw the material and pushed her out of room. Complainant took this as an unwelcome physical contact and amounted to sexual harassment. The Complaint Committee enquired into the complaint and concluded that it was a case of altercation in the background of uncongenial environment prevailing there and it was not a sexually determined behaviour .The High Court upheld the decision of the CC.”
Shantha Kumar Vs CDIR &othrs.2018 LLR 8Del.HC.
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