The Bombay High Court recently ruled that remarks about the length and volume of a woman’s hair do not amount to sexual harassment, setting aside findings against a private sector bank employee accused of inappropriate conduct.
A Single Bench of Justice Sandeep Marne was hearing a plea by Vinod Kachave, who had been accused of sexual harassment for allegedly jokingly telling a female colleague, “You must be using a JCB to manage your hair” during a training session in June 2022.
The Court found it “difficult to believe” that the remark was made with the intent to harass, noting that the complainant herself did not initially perceive the comment as harassment.
Following the incident, the complainant resigned and later filed a formal complaint, leading to Kachave’s demotion. An inquiry by the bank’s Internal Complaints Committee (ICC) found him guilty, a decision upheld by the Industrial Court in Pune.
However, the Bombay High Court criticized the ICC’s findings, calling them vague and lacking a detailed examination of evidence. The Court pointed out that the complaint was filed only after the complainant’s resignation, raising concerns about its timing.
Ultimately, the High Court ruled in Kachave’s favor, overturning both the Industrial Court’s judgment and the ICC’s findings, concluding that no case of sexual harassment was established.
