Statements like dhansu DP, nice DP, I was dying to give you company, if not sleeping immediately message me, sweetdreams, sleep tight, mujhe jala rahi hai tu, tussi na jao consitutute to sexual harassment or passing sexually coloured remarks?
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Hello,
Yes if they are being passed in order to demean you or in order to harass you and are not being passed by some close acquaintance but is being passed by some one with a criminal mind would amount to sexual harassment.
Moreover, if you have in past said to that person to not indulge into said practices and still he is doing the same then definitely you may go ahead and lodge a complaint against the said person.
Regards
how to establish that a woman who has filed a complaint of sexual harassment has done it since her husband asked her to come clean, as the woman and the respondent have had flirty chat? is flirty chat wherein the woman has not objected be called sexual harassment?
1. YES, these wordings constitute sexual harassment if not welcomed by the woman
any act, gesture, word which is offensive to any woman is sexual harassment
if anyone asks a woman to have sex and she replied in affirmative its nothing
and if she reverts No, still its nothing
but if she takes it as an offense its sexual harassment
sexual harassment has a very wide definition and covers almost everything
"since her husband asked her to come clean"=== Please elaborate this sentence,
If the women has not objected to certain incident and has participated in the same at some point of time then the same shall not constitute as sexual harassment .
Regards
It depends on the complaint that a women has filed.
Flirty chat where the woman is also saying things and not objecting to it cannot be called sexual harassment.
It means that a person is pestering you against your will and trying to have sexual favour.
The statements you have stated cannot be sexual harassment unless you object to them.
Regards
after seeing the flirty chats in which the woman has not objected, the husband who is staying away geographically asks her to come clean, the woman files a complaint of sexual harassment in retrospect. how to prove the woman's involvement in equal measure and not amounting to sexual harassment.
I do not think that the committee or the police will pass any order against that person with whom the wife was chatting since at the then relevant time the women was talking to him out of her own free will and there was no criminality involved.
Regards
If a person was flirting with somebody's wife and she didn't object to it then she cannot file a case of sexual harassment afterwards. The person who was flirting is an innocent victim in the fight between husband and wife.
Anyways it is obvious by reading the conversation. Anyone who goes through the chats can infer the same.
Regards
No and not at all when girl is not resisting to msg or call. And if such msg even on denial of girl than case of stalking/molestation and punishable offense.
flirty chat wherein the woman has not objected be called sexual harassment? -- If doing mutually. And good proof of innocence.
Show the police chat between two that is was consensual. Case will withdraw by police. Keep the original chat saved with you.
In our great judicial system statement of a woman is sufficient to completely vanish a man (socially, economically, emotionally )
If she makes any complaint she will be the victim and you will become accused despite of the fact that she enjoyed and participated equally and might be more during the relationship.
Advised to settle at any cost
She can file a sexual harassment case against you within a period of 3 months, from the date of the incident. Under Sec 9 of Sexual Harassment of Women at Workplace Act, 2013
Better you avoid such type of social services, secondly if she has filed any case against you then she has to prove it and you have to prove your innocence too, talk to a local lawyer for better help and guidance.
All the comments passed by your colleagues amount to sexual harassment at work place
No if she hasn't objected it can't be termed as sexual harassment as she is a party to it. It's very important to register your objections to such remarks to show you are injured from the same
Your defence should be lady had participated in chat conversation
that there was no sexual harassment
rely upon chat conversation wherein lady was willing participant
is the dignity of the same lady not compromised when husband is reading her chats, emails, checking call records etc even when she does not object? can dignity of any lady be an out of para-body phenomenon or decided by the family together?
NO.
When every thing was consensual , no harassment made out.
Lady should object to husband violating her privacy by checking her email, call records
2) she can file complaint against her husband for identity theft under provisions of IT act if husband has hacked her emails , chat messages etc
Husband and wife can read each others chats mail or anything else unless there us some Express agreement between them.
Unless n until she does not make any complaints against you till that time you are safe.
Once she had complaints against you than to prove that she was also involved in the chat it will difficult for you to prove in the court of law.
As burden of proof will laies on your shoulder.
Yes it can amount to sexually coloured remark also it constitute to sexual harrasment and complaint of same.can be made.
It will construed as invading the right to privacy
If the women from her side accept such messages and flirts then it is not sexually coloured remarks as it is not unwelcomed messages.
The chat can be presented if women herself flirted invited such remarks then police shall not take such steps.
The women can take steps against husband for the breach of her privacy
If you have gone through her messages without her consent then it can be termed as invading privacy. As she never objected to your remarks it can't be termed as she was sexually harassed. If after her no you still proceed the same is sexual harassment
The husband reading the chat and then harassing you is a dispute between husband and the wife, for which you may take action against the husband but not against the employee with whom you were chatting.
Regards
but how to prove he is harassing because of the chats especially when wife obviously will side the husband?
That is what I am saying since beginning, if at that relevant time you two were chatting voluntarily then it will be difficult to prove it as sexual harassment at this stage just to show to your husband that you were right.
I hope you are getting what I am saying.
Regards
You can present them and the court will consider the same on merits
Chat conversations would reveal that girl was willing participant and enjoyed flirting with the guy
wife siding with husband would be immaterial
sorry, typing error
See if there are intimidation from side of husband same can be recorded and complaint can be filed. If she was on her wish chatting with you and proof of same is there she take side of husband or not is immaterial.
Are you accused or victim ?
Want to prove guy guilty or you are guy to be saved from accusation.
The messages of this type do not constitute any sexual or vulgar type of message.
No action can be taken based on this type of message, if at all the opposite party is not liking this type of messages, she/he could have replied stating that please do not send any message henceforth.
Until ther is no objection from the woman recipient about the messages she received, it cannot be termed as sexual harassment through messages or lewd messages.
However if she has given complaint with the police then she should have at least indicated about her resentment to him anytime before lodging this complaint and not keeping quite enjoying the messages all the while and then as an afterthought or under the instigation of someone in the background that she can give this complaint.
The respondent can fight it out on this grounds also.
If her reciprocated messages are available, it may be produced before the inquiry agency on being summoned for investigation.
If nothing is available then the complaint given on the basis of events taking place long ago shall be used as defence stating that it is an afterthought complaint at the instigation of her husband or someone to get you trapped..
The more important fact to be noted here is that the woman's survival in her matrimonial relationship especially while she is residing with her in laws.
She will be under pressure to either to give a complaint against her friend or to leave the matrimonial home on the charges of adultery.
She may choose her future career as a obedient daughter in law and good wife to the husband, hence she may not have had any option than to initiate legal process.
It will be based on the prevailing circumstances, you cannot get answers for all the questions immediately, you may find a suitable answer at that time when the situation arrives.
Upon asking a woman her plans for the evening or daily routine, she discloses the same. Will that be called stalking? what are the other considerations especially wrt the definition of a personal interaction?
If she is agree to come with you on date or coffee or dinner and stay etc.
Free minded talk from her side ask or proposing you etc there are many factors but you should know exact situation.
This can be considered as stalking if the lady is not known to that person and he voluntarily does this act against the lady's willingness.
If that lady complains about it with the police then it can be a serious offence.
No it doesn't amount to staking, see if she is consensually talking to you telling things and information and the remarks are not unwelcoming and she is not objecting same it is interaction and no offence.
No all the above may considered routine taking till the other person is not offended
It is not stalking if lady disclosed details of her evening plans
this is not stalking........................
but maybe sexual harassment if offensive for the woman or unwelcomed by her
NO.
Whatever kind of personal interaction if with girl consent and wish, not illegal or an offense.
Dear client
These type of messages does not constitute sexual harassment.
And if women is responding to chat and doing flirty chats with the boy then this also doesn't become stalking and also doesn't become adultery as merely chatting in not an ingredient of adultery.
I meant that all of aforesaid statements will be considered while coming for conclusion whether the same is sexual harassment case or not.
This is not stalking if she replies.
Kindly elaborate upon the facts and circumstances of the case in order to better appreciate the controversy.
Whose side are you on??as the questions you ask become confusing at times.
Regards
Dear Sir,
So many issues comes in the definition of “Sexual Harassment”. If any negative finding is given against you then you can approach High Court and get it quashed. Nothing to bother.
