You are currently viewing Grabbing a womanโ€™s shoulder, pressing it, and shoving her away, even if it causes her shame, does not amount to sexual harassment: Bombay HC

Grabbing a womanโ€™s shoulder, pressing it, and shoving her away, even if it causes her shame, does not amount to sexual harassment: Bombay HC

The single-judge Bench of Justice Abhay Mantri partly quashed an FIR against 32 year old Girish Ngonda Patil. The FIR was lodged by a female Block Development Officer (BDO) at a gram panchayat office.
The case arose from an alleged incident at a Gram Panchayat office on 5th February 2024.
According to the woman’s complaint, the accused, an agriculturist, entered the Gram Panchayat office where she was posted and got into an argument with her.




During the altercation, he allegedly snatched documents from her, tore them up and threw them on a desk.
He then allegedly grabbed and pressed her right shoulder and shoved her away, an act that the complainant said made her feel ashamed and uncomfortable.
An FIR was registered alleging offences including using criminal force against a public servant, outraging the modesty of a woman and sexual harassment.
The accused had approached the High Court seeking cancellation of the FIR and the chargesheet.
He argued that there was no intention to outrage the woman’s modesty and alleged that the complaint had been filed because of a prior dispute involving the official.




He also argued that the complaint was retaliatory, claiming that Patil had previously complained against the BDO.
Justice Abhay Mantri observed that the complaint prima facie indicated that the man had used assault or criminal force against the official while she was performing her duties.
The court also held that the allegations could attract the provision of outraging the modesty of a woman but it does amount to sexual harassment.
The court found that the allegations did not prima facie establish the specific elements required for sexual harassment.
It granted relief specifically in relation to the sexual harassment allegation, while allowing the other applicable charges to remain.

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