Shoulder grab is not sexual harassment, observes Bombay HC
The single-judge Bench of Justice Abhay Mantri partly quashed an FIR against the accused after an FIR was lodged by a female BDO at a gram panchayat office; the complainant stated that the accused entered the office, quarrelled with her, and then grabbed her right shoulder before shoving her away
The Bombay High Court has ruled that a shoulder grab does not constitute sexual harassment under Section 354A of the Indian Penal Code (IPC) if there is no sexual intent or overtures. The ruling comes after a single-judge Bench dismissed an FIR lodged by a female Block Development Officer (BDO) who claimed that Girish Ngonda Patil had grabbed and pressed her shoulder, causing her shame.
The court found that the act lacked the necessary elements of sexual harassment, such as unwelcome physical contact or explicit sexual advances. While acknowledging that the act could amount to assault or criminal force and outraging modesty under other sections of the IPC, the court dismissed the charge of sexual harassment. The decision was made on August 20, 2023.
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