Words Like 'Sweety’, ‘Baby’ Not Always Sexually Coloured Remarks: Calcutta High Court

Kolkata: The Calcutta High Court observed that the use of  the words 'Sweety' and 'Baby' to address women do not always have a sexual colour, as these words are prevalent in social circles. 

The observations were made by Justice Sabyasachi Bhattacharyya  while hearing the case involving sexual harassment allegations. 

A woman employed with the Coast Guard in her complaint alleged that her senior had sexually harassed in many ways, including by using words Sweety' and 'Baby' to address her. 

She alleged in her complaint that there were sexual undertones in the senior officer's utterances.

The senior officer stated that he never used such terms in a sexually coloured manner. He added that he discontinued using such words once the complainant expressed discomfort. 

Acknowledging that the use of such words were held to be inappropriate by an Internal Complaints Committee (ICC), the High Court said that they need not always be sexually coloured.

"The use of the expressions 'baby and sweety' has been held by the Internal Complaints Committee (ICC) itself to be inappropriate. However, it is to be noted that once the petitioner informed the respondent no.7 (alleged offender) about her discomfort in that regard by WhatsApp and otherwise, he never repeated the terms of endearment to address the petitioner. Such expressions may be prevalent in certain social circles and need not always be sexually coloured," the Court said in the April 24 judgment.

The judge observed that Section 2(n) of the POSH Act defines 'Sexual Harassment' and any sexually coloured remarks and unwelcome verbal conduct of a sexual nature.

"However, per se, the use of the above two expressions ('Sweety', 'Baby') need not be construed necessarily to be sexually coloured," the Court added.

The Court also took into account the fact that the accused officer discontinued using these words after he was confronted by the complainant. Therefore, the element of "unwelcome" conduct was thereby taken away, the Court opined.

"Moreover, the verbal use of the words having been once expressed by the petitioner to be unwelcome to her, the respondent never repeated the same, thus taking way the element of 'unwelcome' from such verbal use of the words. Thus, although inappropriate, the respondent never repeated the words, which itself shows that those could not have been intended to deliberately irritate the petitioner or to sexually harass the petitioner," the Court said.

In her complaint, the complainant said that the senior officer sexually harassed her in various ways including staring at her inappropriately and peeping into her room.

The court stated that there were no witnesses to support these allegations. Since the complaint was filed after some delay, the CCTV footage was also not found by the ICC. 

"Staring has various shades and does not always necessarily lead to sexual harassment as contemplated in the 2013 Act," the judge further observed.

The Court was also not persuaded by the allegation that the senior officer had used the phrase 'hugging the coast' in a sexual manner while speaking to the complainant. The single-judge observed that it is a form of usual terminology used in the coast guard circles.

"Such terminology being usual in Coast Guard circles and having been used by the petitioner first, a repeat of the same, even if any, without sexual overtones, as corroborated by witnesses, defeats the allegation itself," the Court said.

The complaint's timing also led the Court to have skepticism about the genuineness of the allegations.

"The conduct and chronology of events speaks volumes against the petitioner. There were several prior charges against the petitioner by her colleagues across the board. Thus, the possibility of the petitioner using the allegation of sexual harassment as a ruse and afterthought to save her skin from such allegations cannot be ruled out," the Court observed.

The Court noted that if the provisions of the Prevention of Sexual Harassment of Woman at Workplace (Prevention, Prohibition and Redressal) Act (POSH Act) are misused, it could, “create more glass ceilings for women.”

The Court dismissed the writ petition filed by the complainant and confirmed the ICC's decision to exculpate the accused senior officer of any wrongdoing.