Bombay High Court rules comments on hair not harassment

The Bombay High Court ruled that comments about a woman's hair and singing about it do not count as sexual harassment. This decision came on Wednesday, overturning earlier judgments made by an Industrial Court and an Internal Complaints Committee (ICC) report. The case began when bank employee Vinod Narayan Kachave made a comment during a training session in June 2022. He noticed a female coworker adjusting her hair frequently and said, "You must be using a JCB to manage your hair," followed by singing a popular song. The female employee resigned soon after and filed a sexual harassment complaint. As a result of her complaint, Kachave was demoted from his role as associate regional manager. The ICC reviewed the case and found that Kachave's behavior created a hostile work environment. They concluded that several witnesses confirmed the allegations. Another complaint about inappropriate comments by a different manager was also raised. Kachave's lawyer argued that Kachave intended to make the woman feel comfortable and described their relationship as positive afterward. The court, led by Justice Sandeep V Marne, ruled the allegations did not qualify as sexual harassment, stating that a comment made about a man complicated the case. The court also criticized the ICC for not properly assessing whether the evidence supported claims of sexual harassment.