Introduction
Mental harassment at the workplace is a serious issue that can have a detrimental effect on an employee’s mental health and productivity. It is important to understand the Indian laws that protect employees from mental harassment at the workplace. This article will provide an overview of the Indian laws that protect employees from mental harassment and provide guidance on how to deal with it. It will also discuss the legal remedies available to employees who have been subjected to mental harassment. Finally, it will provide tips on how to prevent mental harassment in the workplace.
How To Deal With Mental Harassment At Workplace As Per Indian Law
1. File a complaint with the Internal Complaints Committee (ICC): The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, requires all organisations with more than 10 employees to set up an Internal Complaints Committee (ICC). The ICC is responsible for receiving, inquiring into, and resolving complaints of sexual harassment at the workplace.
2. File a complaint with the police: If the ICC fails to take action or if the harassment is of a criminal nature, you can file a complaint with the police.
3. File a complaint with the labour commissioner: If the ICC fails to take action or if the harassment is of a criminal nature, you can file a complaint with the labour commissioner.
4. File a complaint with the National Commission for Women: The National Commission for Women (NCW) is a statutory body set up by the Government of India to protect the rights of women. The NCW can take suo motu cognizance of any case of mental harassment at the workplace and take appropriate action.
5. File a complaint with the State Human Rights Commission: The State Human Rights Commission (SHRC) is a statutory body set up by the Government of India to protect the rights of citizens. The SHRC can take suo motu cognizance of any case of mental harassment at the workplace and take appropriate action.
As an employee of an organization, the most difficult task to face is mental harassment, it may from colleagues or from superior officers. There are several ways that an employee will get mental harassment from their superior officers. Here are some steps to overcome mental harassment at workplace as per Indian law. But before that, we have to know some possible ways of mental harassment at workplace.
Mental Harassment Definition: Any emotional abuse or physical behaviour which humiliates the other person will be considered as mental harassment
Possible ways of mental harassment at workplace:
- Asking the employee to work on holidays.
- Forcing the employee to work for overtime.
- Not paying salaries and allowances at right time.
- Abusing the employees with bad words.
- Abusing the employees with physical behaviour etc.
How To Deal With Mental Harassment At Workplace As Per Indian Law:
- Whenever an employee is getting mental harassment from their superiors then they have to immediately complain the issue to the higher authorities. It is always better to give a written complaint rather than a verbal complaint and keep a copy of the complaint with you.
- If your organization has HR department then take this issue to the Human Resource department.
- If it is possible record the incidents for future reference.
- If your employer doesn’t take any action then you can take the help of labour unions. This is the best way to handle this issue when your employer doesn’t support you.
If above all doesn’t work then it is better to take the help of a credible lawyer.
How To Deal With Mental Harassment At Workplace As Per Indian Law
Mental harassment at workplace is a serious issue that needs to be addressed in India. It is a form of discrimination that can have serious consequences for the victim, including psychological distress, physical illness, and even job loss. It is important to understand the legal framework in India that deals with mental harassment at workplace, so that victims can take appropriate action.
What is Mental Harassment?
Mental harassment is defined as any kind of behavior that is intended to cause distress, humiliation, or intimidation to another person. This includes verbal abuse, threats, insults, and other forms of intimidation. It can also include physical harassment, such as unwanted touching or sexual advances.
What are the Legal Provisions in India?
The Indian Penal Code (IPC) provides for the punishment of mental harassment. Section 509 of the IPC states that any person who, with the intention of insulting the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.
The Protection of Women from Domestic Violence Act, 2005 (PWDVA) also provides for the protection of women from mental harassment. Under this Act, mental harassment is defined as any conduct that is likely to cause mental or physical injury to a woman, including verbal abuse, insults, and threats. The Act also provides for the right of a woman to seek legal remedies for mental harassment.
What are the Remedies Available?
Victims of mental harassment can take legal action against the perpetrator. This includes filing a complaint with the police, filing a civil suit for damages, or filing a complaint with the National Commission for Women. Victims can also seek redressal through the internal complaint committee of the workplace, if one is available.
In addition, victims can also seek help from NGOs and other organizations that provide legal aid and counseling services. These organizations can provide advice and assistance in filing a complaint and seeking redressal.
Conclusion
Mental harassment at workplace is a serious issue that needs to be addressed in India. It is important to understand the legal framework in India that deals with mental harassment at workplace, so that victims can take appropriate action. Victims of mental harassment can take legal action against the perpetrator, or seek help from NGOs and other organizations that provide legal aid and counseling services.
