Rashmi (Self Employed) 14 October 2014

Can 498a be used for mental harassment & bullying?

Hi,

Can a 498a used as an IPC Section for repetitive Mental Harassment against people other than Husband & In-laws?

Do you have any other IPC provision to cover for Repetitive mental harassment at workplace, which has led to adverse effects on health?

Do we have anything for Workplace harassment such as repetitive bullying & Humiliation?

Thanks

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8 Replies

Anish Thakur 7018812737 (advocate) 14 October 2014

Dear Querist ,

download the attachment it might help you and satisfy your query .

Attached File : 540901552 womenactsex.pdf downloaded: 263 times

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Rashmi (Self Employed) 14 October 2014

Thank you. lm aware of this Sexual Harassment of a Woman at Workplace Act, 2013. My query is, what Criminal provision under IPC, do we have when it comes to a female manager repetitively mentally harassing & humiliating another female?

i have already complained against a male manager under Sexual Harassment of a Woman at Workplace Act, 2013. i think this act is only male harassing a female victim.

can Sexual Harassment of a Woman at Workplace Act, 2013 be used against a Female ?

Anish Thakur 7018812737 (advocate) 14 October 2014

IPC- 504

Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other. offence, shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine, or with both.

Chetan Joshi (Advisory/Advocacy) 14 October 2014

Hi Rashmi,

I am curious to know to if it is a private or a Govt. Organisation?

Do you have a disciplinary committee?

What Kind of Humiliation are you Being subjected to?

Further, since you have already complained against the Male employee, what is the state now?

Also not to sound philosophical but have you done a self introspection to why do you feel humiliated?

Regards

Chetan Joshi

Rashmi (Self Employed) 14 October 2014

i had newly joined this pvt organization.

we were 11 in our batch during training.

looking at the bullying of other teammates & rude approach towards customers of the female manager 9people left the job without even proper resignation within one month of joining.

i had more than forty incidents of bullying &harassment due to which i had high fever, giddiness, high bp & disturbed sleep.

i had an argument with the lady manager & the senior(lady manager's chamchi) then i told them i have my resignation letter & im resigning. i had informed our in-charge director abt these incdents via whatsapp days b4 i resigned but no guidance was given to me abt formal wrttn complaint nor he did anything to improve the situation.

Situation became intorable after i reported the incidents of harassment by the male manager.

the lady & male manager were colledges in another previous organization as well.

i had to take two days informed leave adviced by doctor.my bp had raised & i had got swelling on back of my neck & severe headaches.

i had my resignation letter ready with me for any such reoccurence i would resign right away.

this company has reputation of terminating ppl abruptly & without paying them salary.

even the lady manager has a bad reputation amongs the subordinates.

Rashmi (Self Employed) 14 October 2014

In my resignation letter i mentioned that "im not comfrtable working in such environment.." they were forcing me to give resignation as due to discipline which i refused & the director refused to accept my resignation. when i wrote everything in short & sent it to the director in whatsapp app & asked him to take action against both the managers & asked about my salary whch wasn't creditted into my a/c.he arranged a bck dated termination letter & sent it to my previous address which is my frnd's place & HR sent me copy on email. that's when i got hold of their email addresses & sent them a Defamation legal notice, the got tht letter recalled, but another copy is with me.

Rashmi (Self Employed) 15 October 2014

i grabbed the opportunity & demanded my salary & action against the male & female manager orelse legal action. they ageed to pay my salary.but they ain't depositing the money in my a/c.bcoz they want me to sign FnF letter. once i sign it, i know i won't get to persue the case further.

all this is going on since 45-50days now.

i did my research abt them & now according to vicarious liability i have asked for action against the concerned managers & compensation for the damages.they are refusing to pay damages.

they don't have any kind of Sexual Harassment or Complaints handing mechanism either. they are tryng all types of intimidating tactics on me & im fighting back.

they haven't yet taken notice or inquiry into the SH complaint either.

i have served them a legal notice now ?

now i wanted to know what amount can i sue them for mental harassment ?

it's a question of my dignity & im not planning to forgive all this so easily.