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

378 votes

No, flirting in itself is not a crime.
However, context and consent matter a lot. What might seem playful to one person can be uncomfortable or offensive to another.

If someone keeps flirting after being told to stop, it can be seen as harassment under:

• Section 354A of IPC (sexual harassment)

• Section 509 of IPC (word, gesture or act intended to insult the modesty of a woman)

LawRato LawRato

784 votes

u have to explain exactly wat happened , because your question is not clear and some suggestion can not be given through mail so its better to meet directly and discuss on the same . so better come to office.

Advocate Sathisha K.R. LawRato

584 votes

As long as it was not having sexual innuendo, you are fine. But if you stalk her or make advances that she doesn't like or abruptly stops you verbally, you may be looking at some trouble. Flirting is not illegal, but any act that makes her uncomfortable can be illegal and our law is more protective of women and it's necessary looking at the state of women in our country. In your case, I don't think it's sexual harrassment, but at workplace it's not advisable.

LawRato LawRato

728 votes

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 environment Every 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.

Advocate Edward D'souza LawRato