In this landmark judgement, for the first time, an Indian court ruled on the maintainability of a sexual harassment complaint against a person of the same gender – an aggrieved woman making a complaint against a female respondent. The learned court held that the spirit of the POSH Act is to prevent and prohibit sexual harassment, and that “A person of any gender may feel threatened and sexually harassed when her/his modesty or dignity as a member of the said gender is offended by any of the acts, as contemplated in Section 2(n), irrespective of the sexuality and gender of the perpetrator of the act.” Additionally, the reading of Section 2(m) and 2(n) of the Act, does not preclude bringing a complaint against a person of any gender, as can be seen from the legislative language below: “2(m) “respondent” means a person against whom the aggrieved woman has made a complaint under section 9; 2(n) “sexual harassment” includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely:-

(i) physical contact and advances; or
(ii) a demand or request for sexual favours; or
(iii) making sexually coloured remarks; or
(iv) showing pornography; or
(v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature;