Mere Discrimination On Ground Of ‘Sex’ Without Sexual Undertones Not ‘Sexual Harassment’ Under POSH Act: Kerala High Court

The Kerala High Court has held that the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, does not contemplate a situation of discrimination on the basis of sex if there is no express or implied sexual advance, sexual undertone or unwelcome behaviour which has a sexual tone behind it. The court observed that any form of sexual approach or behaviour that is unwelcome will come under the definition of ‘sexual harassment’ under the Act, the bench comprising Justices AM Shaffique and P. Gopinath observed while upholding a single bench judgment [ Anil Rajagopal v. State of Kerala and Others [2017 (5) KHC 217].