Shoulder grab is not sexual harassment, observes Bombay HC
The Bombay High Court ruled that grabbing and shoving a woman does not constitute sexual harassment under Section 354A of the IPC if there is no sexual intent. The court maintained other charges, including outraging modesty and assault, while dismissing the specific sexual harassment count.
Why it matters
The ruling clarifies the legal distinction between physical assault and sexual harassment, impacting how workplace violence cases are prosecuted.
The Bombay High Court has ruled that grabbing a woman’s shoulder, pressing it, and shoving her away, even if it causes her shame, does not amount to sexual harassment under Section 354A of the IPC, as the act lacked sexual intent or overtures.
The single-judge Bench of Justice Abhay Mantri partly quashed an FIR against Girish Ngonda Patil. The FIR was lodged by a female Block Development Officer (BDO) at a gram panchayat office.
The complainant stated that Mr. Patil entered the office, quarrelled with her, tore documents, and then grabbed and pressed her right shoulder before shoving her away. She added that the conduct made her feel ashamed.
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