We live in the times when the time is scarce, and pressure levels are high. The pressure to perform, project and lead a certain lifestyle often leads to unbearable stress and affects our health too. In this fast-paced world full of competition. Another thing prevailing at most workplaces is the cases of mental harassment. The daily stress and pressure almost blur the lines between right and wrong and one not being aware of their fundamental rights only adds in such cases.
What is Mental Harassment?
In the simple terms, mental harassment can be explained as any act or behavior verbal or otherwise which is directed towards offending, upsetting or disgracing an individual. This can be by any person such as your employer, colleague, neighbor, acquaintance, etc. The term mental harassment is used most commonly in case of workplaces. The stress caused by such harassment takes a big mental toll affecting not just the productivity but also the overall life of the victim.
The cases of Mental Harassment at the workplace are treated as a severe offense under IPC, and it is essential that we are educated to know what categorizes as mental harassment and what action can be taken against it.Â
Examples of Mental Harassment
While Mental Harassment is not a legal term and does not has a set definition, following are some of the classic cases which can be categorized as mental harassment.
- Discrimination at the workplace- One of the most common and severe types of mental harassment is any kind of discrimination in the workplace. It can be by gender, age, social status, origin, race, caste, complexion, etc. The law which addresses the cases of discrimination seriously also has the legal provision for complaining if the employer is not giving salary slip or withholds the salary. The laws of discrimination remain the same for both men and women.
- Spreading untrue rumors or scandals at the workplace which may affect the person mentally.
- Threatening or dominating a person in an unfair manner.
- Purposely discouraging someone from doing their job
- Physical abuse or abusive language with the purpose of intimidating someone.
- Removing someone from assigned role without a valid or justified reason.
- Confusing someone with constant changing guidelines and instructions.
- Assigning unrealistic timelines for jobs
- Providing wrong information or holding back important information
- Making offensive jokes
- Sneaking or troubling someone in their personal life
- Pressurising someone with excess workload without fair delegation
- Not assigning any work and making someone sit idle.
- Yelling or showing vulgarity to someone.
- Holding the leaves, promotions, training without a proper justification.
- Meddling with one’s personal belongings without their permission.
- Isolating someone professionally and socially at the workplace.
- Sexual harassment- Majorly faced by women, this includes any gesture, act, language or pressure built for sexual favors from the women employee. Sexual Harassment is punishable under Section 354A of the Indian Penal Code, 1860 with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
What Action Can Be Taken
The first step to be taken if one is facing mental harassment is to report it to the Human Resources department. The HR is required to take the issue seriously and act upon it. In case the HR or the employer fails to address the issue, legal action needs to be initiated.
In case the victim is being mentally harassed by use of defamatory statement in the public both offline or online then a case could be filed under Section 500 of the Indian Penal Code, 1860, which prescribes the punishment for defamation, i.e. simple imprisonment for a term which may extend to two years, or with fine, or with both.
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