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Mental Harassment At Workplace Ipc Section

  • Writer: Lead India
    Lead India
  • Dec 9, 2023
  • 3 min read

The productivity of employees increases dramatically when their boss has faith in them. If you create a positive work environment for your staff, they will take good care of your clients without you having to do anything extra. This is where a strong workplace culture really shines. However, in many settings, particularly in the business sector, this truth is frequently a fallacy.

These traumatic events worsen workers' physical and mental health, making them obstacles in both their home and professional lives.

Mental Harassment in the Workplace: About

In general, harassment is defined as an unwanted action taken by one person that humiliates the other person who is the target of such behaviour. While mental harassment is a topic that is rarely discussed, sexual harassment and the legislation that handles it are well-known to all. Mental harassment can take many different forms, such as statements, acts, or gestures that cause someone else to feel irritated, alarmed, abused, dehumanized, intimidated, degraded, humiliated, or embarrassed.



Laws Relating to Mental Harassment in the Workplace

Indian Penal Code

  • It does not specifically address workplace harassment in any of its provisions. However, if the activities are comparable, employees may also cite other articles of the Indian Penal Code (IPC). 

  • For instance, libel or slander committed by written or spoken words, gestures, etc. is punishable under Section 499 (defamation). Depending on the severity of the injury, there are grounds for penalizing both hurt and serious hurt. Acts that specifically injure a woman's modesty are covered in Sections 354 and 509. 

  • The deliberate use of abusive language against another person is prohibited by Section 504. Criminal intimidation is punished under Section 506 of the Act.

Payment of Wages Act

  • In terms of gross deductions, this Act's provisions may be quite helpful in your quest for redress if your employer withholds an inexplicable amount from your pay.

 Sexual Harassment of Women at Workplace Act 

  • This Act's provisions penalize any unwanted act or behaviour that has a sexual undertone in the workplace, whether it was stated outright or impliedly. The victim of sexual harassment eventually experiences mental harassment, which can have a detrimental effect on their physical or mental health. 

  • The fact that only women are protected by its rules is one of its limitations. Stated differently, men who experience sexual harassment at work are ineligible to file a claim under this Act.

Persons with Disabilities Act

  • The Act expressly forbids discrimination of any type against an employee's disability. In order to stop workplace harassment of people with disabilities, it advocates for equality.

Maternity Benefits Act

  • The Act protects a woman's job rights if she is expecting a child or even if she just had an abortion or miscarriage.

Where Do I File a Complaint About Workplace Mental Harassment?

  • The organization's policies and procedures require that anyone experiencing mental harassment at work from their supervisor or fellow employees be reported. 

  • Typically, the Human Resources department can provide assistance with a letter of complaint regarding mental harassment at work. Corporate attorneys in India may be able to legally support the victims if there is no resolution to the issue. 

  • The best way to submit a letter to HR complaining of mental harassment is to make sure it is addressed to the appropriate person and includes all the information about the repeated event, including any relevant documentation.

  • In the event of a significant offense, there might be a police report of mental harassment. Police may become engaged in the case if the Indian Penal Code is used. The victims of workplace harassment must contact the magistrate if the police ignore their concerns or see them as trivial.

It's critical to address mental harassment at workplace. We may promote a culture that values the respect, dignity, as well as well-being of every employee by identifying the warning signals, comprehending the effects, and acting appropriately. Never forget that everyone deserves to work in a secure and encouraging environment; nobody should have to put up with mental harassment.

We are able to influence how our workplaces will develop in the future. By tackling mental harassment straight away, we not only make people's lives better now, but we also provide the groundwork for a more just and peaceful workplace in the future.

One can talk to a lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.


Visit us: — www.leadindia.law 

Call Us: +91–8800788535


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