Advocate Edward D'souza

Questions Answered by Advocate Edward D'souza

Q: Can a female file a sexual harassment case against a boy for flirting? Is flirting considered illega

Hello, I am a 24-year-old male. I engaged in some mild flirting with a female co-worker, complimenting her appearance at a marriage function and joking about her being glamorous when she arrives late to the office. This flirting was intended in good humor, and she even mentioned to her friend that she found it cute. Could she still file a sexual harassment case against me? Is flirting considered illegal or a crime?

Advocate Edward D'souza answered
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 Workplace harassment consisting of unwelcome and repeated sexual advances, comments, looks, physical contact, stereotyping, request for sexual favors; or any such act not clearly sexual in nature when (1) submission to such act is (whether explicitly or implicitly) made a term or condition of employment, (2) submission to rejection of such conduct is used as a basis for employment related decision affecting the individual, or (3) such conduct has the purpose of unreasonably interfering with an individual's performance, or of creating an hostile, intimidating, or offensive work environmentEvery complaint must be given in writing to the Internal Complaint Committee within a period of 3 months, from the date of the incident. once a company receives a sexual harassment complaint, there are three steps that should be followed: 1.) The manager or human resources representative handling the complaint or ICC must take it seriously.2.) When the ICC receives a complaint, it must seek to resolve the issue by way of conciliation if the complainant so wishes. However, no monetary settlement can be the basis of the conciliation. If there is a settlement, a report must be sent by Committee, to the employer to take action in accordance with the recommendations of the Committee. 3.) If the matter is not settled -The claim must be investigated. The ICC shall has similar powers as a civil court – it can summon and enforce attendance of any person, examine him on oath, order production of documents, etc.4.) Depending on the outcome of the investigation, some corrective action should be taken.During the pendency of the inquiry interim relief may be granted to the aggrieved woman. The ICC may recommend the employer to Transfer the aggrieved woman or the respondent to any other workplace.Grant leave to the aggrieved woman up to a period of 3 months.Grant such other relief as may be prescribed.On completion of the inquiry, the committee must submit its recommendations to the employer, within 10 days. The employer must act on those recommendations within 60 days in accordance with the conclusions of the inquiry.

Q: what to do if school is not giving tc in India?

My son TC applied on Mar5th but school is requesting to pay next year Ist installment fee as they are mentioning deadline was Feb 28th. As per school TC will be processed only after payment of next year ist installment fees. what to do if school is not giving tc?

Advocate Edward D'souza answered
The school is acting illegally, for this matter you can chose either one of the following remedy 1. Meet the Principal of the school on person and request the TC to be given, ask the school to give in writing why they are not giving TC certificate .Draw attention to provisions of section 5 of right to education act wherein Head teacher or teacher in charge is required to give immediate TC certificate. Failure to give TC certificate invites disciplinary action against said head teacherThere after also they are rejecting to issue Tc , Issue a legal notice to the School authorities asking them to issue the School Leaving Certificate. No School can bound the student by a bond or ask them to pay money if they want the child to study in a different school.As per the Right to Education Act, no child should discontinue education because of the delay in issuing a TC.If the authorities of the school failed to issue the TC even after a month, the same should be brought to the notice of the deputy director of public instructions or the block education officer, and they should take action as per the classification control and appeal (CCA) rules,The state department of public instructions Bangalore has issued an order stating that schools should not delay the TC-issuing process. Even if the student requests for a TC in the middle of the academic year, the school should consider it as an emergency and issue the TC immediately. “If we find any negligence in issuing the TC, the headmasters of both schools, that is from where the TC is needed and the school that the child wants to join will be held responsible,” said an official from the department.2. Otherwise you can pay the said amount and take the T.C to get your child admitted in to a new school .After that file a complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming refund of the said amount with interest, damage and cost.

Q: What is the domestic violence case procedure ? & how to claim maintenance

How to file domestic violence case. what's the procedure for domestic violence case. did any proof is necessary for DV case. can i get maintenance for my child immediately

Advocate Edward D'souza answered
1.How to file a domestic violence caseYou need to approach a local lawyer for this purposes The offence of domestic violence is covered by both- section 498a of the Indian Penal Code, 1860 and by the Domestic Violence Act, 2005.Any kind of harm/ injury that is likely to endanger the life, health, limb and well-being of the woman whether physical or mental. Or any harassment with a view to coerce the woman or any person related to her to meet any unlawful demand of property or security (dowry).you can file Dv case . it is a continuing offence . since your husband is refusing to maintain you, you can file case claiming right to stay in shared household . you can also seek alternative accommodation . you can ask for maintenance for yourself and your Child DV is a continuing offence. In DV case you can seek protection order , right of maintenance , right to stay in shared household or alternative accommodation . in addition you can seek compensation for mental torture undergone . 2.Procedure for filing a domestic violence caseThe victim of domestic violence or any witness of the offence, on her behalf, can file an FIR/complaint with the local police officer, or the protection officer, or service provider, or directly to the Magistrate.A domestic violence case is heard by the judge of the court within whose local limit either the victim resides or the accused or where the action has been committed.3 can i get maintenance for my child immediately?You can get interim orders for maintenance, you an unemployed lady, getting good order of maintenance is not difficult. And interim maintenance can be obtained in within 6 months from the date of filing the case.4. Evidence to prove Domestic Violence:1. Any email, Whats App etc. conversations that depicts sour relations or bad treatment from the husband.2. If any physical abuse, then the Medico Legal Certificate (MLC). You can obtain a requisition letter by lodging a NC at police station.3. It mostly happens inside house so eye witness is difficult in this case but have someone to witness in court for any physical harassment.4. Any Audio / Video recording that shows you are being suffered.

Q: What is the procedure to put up a public notice

I am trying to buy a apartment in Bangalore. A friend suggested to put up a public notice in a paper. Could you please suggest the process for a public notice.

Advocate Edward D'souza answered
The intended purchaser want to issue a public Notice may approach an Advocate to draft Public Notice of intended property to Purchase from the vendor who is the owner of the property, description of party with full details PID Number and boundaries, inviting any objection from any part who has any interest in the said intended property giving 15days to file in Local News Paper of property in English and as well as major local Language.

Q: How to remove husband name from passport

Our Marriage was taken Place in Masjid after Couple of years we got Divorced in Masjid itself now I want to remove my ex husband name from passport wt should i do?Please Guide me

Advocate Edward D'souza answered
Procedure to change spouse name in Indian passportNeed to present the following documents in the passport authority along with feeOriginal passport with a self-attested photocopy of the first and last two pages.A Certified Copy of the Divorce DecreeNotarized Affidavit.