Singing ‘ye reshmi zulfein’ in work meet not sexual harassment: Bombay High Court

The Bombay High Court overturned an Internal Complaints Committee (ICC) report and a Pune Industrial Court ruling against a male bank worker in a workplace sexual harassment matter, describing the conclusions as unclear and lacking evidence.

Justice Sandeep Marne decided in favor of the employee, who contested the ICC’s report from September 30, 2022, via advocate Sana Raees Khan. The committee determined he was guilty of workplace misconduct, a ruling supported by the Industrial Court in July 2024.

A major allegation was that the employee, in a meeting, made a joke about a female colleague’s long hair, questioning if she required a JCB to secure it and singing part of ‘Yeh Reshmi Zulfein’. The court noted that the complainant had not originally viewed this as sexual harassment.

The ICC also referenced another incident in which the employee supposedly commented on a male coworker’s private area in front of female colleagues. He claimed it was a joke, and the court observed that the male coworker had not been offended.

A third accusation pertained to the complainant’s reporting manager, rather than the petitioner, and was overlooked by the court.

Justice Marne determined that even if the claims were taken as factual, they did not satisfy the standards for sexual harassment according to the POSH Act. The court decided that the ICC’s conclusions were insufficiently analyzed and rejected them.