You may start by approaching the human resource department of your company. It will be in a position to explain where you stand legally and will help resolve the issue. If you are not satisfied with the response, you can file a court case. Cases of mental harassment can be filed in the civil court as well as a criminal court, if you add the charge of criminal intimidation. They can also be settled through arbitration or by a labour tribunal as this is easier and more cost-efficient.
Unfortunately there is no special legislation to protects the sufferors of mental harassment at workplace however, the leagl framework available is as follows-
- Article 23 (1) of Universal Declaration of Human Rights 1948 which provides that:-Everyone has the right to work, to free choice of employment, to just and favorable conditions of work and to protection against unemployment.
- Harassment refers to an unwanted behaviour, physical or mental, that is capable of offending and humiliating the other person. Mentall harassment, spcifically, means detrimental or hostile conduct by one or more individuals directly or indirectly towards a third person that defames an individual or excludes them from work.
- The right to live with dignity under article 21 of the constitution shapes a part of common liberties and any type of harassment adds up to a breach of this right.
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Section 294 of IPC states that If a person does an obscene act in public, recites or utters obscene words to annoy and torture a person in public, is punishable under the law. The offender would be booked under this section and would be liable for an imprisonment up to three years or with a fine or both.
- Section 499 IPC, Criminal Defamation- Character assassination is being protected under this section of Indian Penal Code.
- In Nagaraju v. Syndicate Bank and Ors the AP High court stated work place harassment as any kind of unwanted activity towards an employee by the business or anyone for his sake that prompts trouble in performing allotted assignments or makes the employee feel he/she is working in a threatening climate.
There are plenty of HR and labour laws that help the employees fight for their rights. The acts such as Payment of Wages Act, 1936, Industrial Disputes Act, 1947, Maternity Benefit Act, 1961 are quite helpful in securing the rights of the employees at workplace. You may also go through your companies anti-bullying policies.
Hope this helps
Regards
