The complainant resigned from her job in July 2022 and later filed a formal sexual harassment complaint with the bank’s Human Resources department. Based on this, Kachave was demoted from Associate Regional Manager to Deputy Regional Manager on October 1, 2022.
MUMBAI: The Bombay High Court ruled that making comments about a woman’s long hair does not amount to sexual harassment.
A Single Bench of Justice Sandeep Marne ruled in favor of Kachave and noted that the ICC’s findings were vague.
The Court stated
“Considering the nature of the comment allegedly made by the Petitioner towards the complainant, it becomes difficult to believe that the same was made with an intent of causing any sexual harassment to the complainant.”
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The case involved Vinod Kachave, an employee of a private bank, who had commented on a female colleague’s long hair.
He allegedly said that she “must be using a JCB” to manage her hair during a training session held on June 11, 2022.
He also sang a few lines from the song “Yeh Reshmi Zulfe” to make her feel comfortable. However, the woman did not appreciate the comment and expressed her disapproval, stating that she did not like it.
The complainant resigned from her job in July 2022 and later filed a formal sexual harassment complaint with the bank’s Human Resources department. Based on this, Kachave was demoted from Associate Regional Manager to Deputy Regional Manager on October 1, 2022.
An Internal Complaints Committee (ICC) was formed to investigate the matter. On October 30, 2022, the ICC submitted a report that found Kachave guilty of sexual harassment. He then appealed the decision before the Industrial Court in Pune, which dismissed his plea. This led him to challenge the decision before the Bombay High Court.
Kachave’s lawyer, Advocate Sana Raees Khan, argued that there was no intent to harass the complainant. She highlighted that the complainant did not react negatively at the time of the incident and even maintained a professional relationship with Kachave afterward.
She further argued that even if the allegations were considered true, they did not amount to sexual harassment under the law.
The Court also pointed out that the complainant did not initially see the comment as harassment and continued professional relations with Kachave after the incident. Additionally, it found that the ICC had not thoroughly examined the evidence.
“The ICC has merely made vague recommendations by recording a general finding that ‘all serious allegations were confirmed by multiple witnesses that were interviewed by the committee.’”
Justice Marne emphasized that the ICC report lacked proper analysis and did not confirm if the comment actually constituted sexual harassment. The Court also questioned why the complaint was filed only after the complainant had resigned.
“Ms. Khan would in fact suggest that the complaint of sexual harassment was made immediately after tendering of resignation by the complainant.”
Justice Marne ruled that even if all the allegations were considered true, they did not amount to sexual harassment under the law.
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“Even if the allegations are taken as proved, no case of sexual harassment of the complainant was made out in the light of peculiar facts and circumstances of the present case. In my therefore, the impugned judgment and order passed by the Industrial Court is indefensible and liable to be set aside.”
As a result, the Bombay High Court set aside the Industrial Court’s decision and the ICC report, concluding that commenting on the complainant’s hair did not qualify as sexual harassment.
Vinod Kachave was represented by Advocate Sana Raees Khan along with Advocates Juhi Kadu and Sanskriti Yagnik.
Case Title: Vinod Narayan Kachave v The Presiding Officer (ICC) and Anr
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