Disha Law Firm

Kerala High Court affirms – Any Form Of Sexual Approach Or Behaviour That Is Unwelcome Will Come Under The Definition Of ‘Sexual Harassment’

The bench comprising Justices AM Shaffique and P. Gopinath observed that any form of sexual approach or behaviour that is unwelcome will come under the definition of ‘sexual harassment’ under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

While upholding a single bench judgment [ Anil Rajagopal v. State of Kerala and Others [2017 (5) KHC 217]  the court held that the very concept of sexual harassment in a workplace against a woman should start from an express or implied sexual advance, sexual undertone or unwelcome behaviour which has a sexual tone behind it without which provisions of Act 2013 will not apply.