The Delhi High Court has said that all unwelcome physical contact cannot be categorised as sexual harassment, Live Law reported on Thursday.

The High Court on Tuesday was hearing an appeal filed by an employee of the Council of Scientific and Industrial Research accusing her colleague of sexual harassment. The complainant had claimed that the respondent had “held her hand and pushed her out of the laboratory”, Live Law reported.

She had challenged the order passed by the Complaint Committee and the Disciplinary Authority, clearing the respondent of sexual harassment charges, contending that any unwelcome physical contact must be categorised as sexual harassment.

Justice Vibha Bakhru said the incident was deplorable, but it was not a result of sexually motivated behaviour. Dismissing the complainant’s appeal, the court said: “Undoubtedly, physical contact or advances would constitute sexual harassment provided such physical contact is a part of the sexually determined behavior. Such physical contact must be in the context of a behavior which is sexually oriented.”

Plainly, all physical contact cannot be termed as sexual harassment and only a physical contact or advances which are in the nature of an ‘unwelcome sexually determined behavior’ would amount to sexual harassment.  

— Delhi High Court