The Impact of Workplace Harassment on Mental Health

India being a developing country has a significant workforce employed in the unorganized sector.  Workers employed under the unorganized sector are harassed by employers in terms of bullying, verbal abuse and physical intimidation etc. This usually results in reduced productivity. One of the major factors responsible for the same is low literacy level and lack of awareness among the workers about the legal protection available to them. This blog will try to address the legal framework and benefits available to the workers under Indian law.

DEFINITION OF MENTAL HARASSMENT

Mental harassment includes undesirable actions, behaviours and communications that impact an employee’s cognitive and emotional wellbeing. For example, Threatening, bullying, intimidating, insulting and excluding an employee these all are the types of harassment at workplace. The legal definition of mental harassment in the workplace was recognized through a landmark ruling of L.Nagaraju Vs. syndicate bank and others where the court stated   “any improper and unwelcome conduct that might reasonably be expected or be perceived to cause offence or humiliation to another person”. The definition doesn’t clearly specify what comprises of the word mental harassment, but it provides guidelines for understanding how such behaviour can create a toxic environment ultimately impacting employee’s productivity.

VARIOUS FORMS OF MENTAL HARRASSMENT AT WORKPLACE

It is very pivotal for employees to identify the type of mental harassment they may face, as it can diminish their self-esteem and create a toxic environment. By being conscious of these kinds of behaviours employees can inform them leading to a healthier workplace.

1. Psychological Abuse

    It involves the use of derogatory language, abusive language, sarcasm, threats or teasing an employee to humiliate or defame them.’

2. Virtual Bullying

As technology progresses, the exploitation of workers is also increasing with the use of digital platforms such as emails and social media to abuse them. This can mentally affect them particularly when they are not aware about their rights.

3. Sexual Harassment

This form of exploitation is frequently faced by women at workplace, including actions such as unwanted comments of sexual nature that make women feel uncomfortable and violating their modesty in public domain.

4. Bullying

It includes the repeated actions in form of mental and physical abuse with an intention of humiliating an employee.

5.Isolation And Exclusion                                                                                                         

Excluding an individual from group activities and discussions, and social gatherings at workplace can make them feel isolated and alienated. This may result in a loss of confidence contributing to various psychological problems.

6. Work Overburden

Employees often encounter heavy workload pressures which may adversely affect their physical and mental wellbeing potentially affecting their productivity and job security.

SYMPTOMS OF MENTAL HARRASSMENT AT WORK PLACE

 Workers at workplace should be mindful about some common indicators resulting in degradation of their mental health, this could be in any form such as anxiety, depression, social marginalization or alienation by the colleagues or employers, loss of confidence and self esteem due to humiliation or defamation by the employers, physical symptoms such as high blood pressures and headaches etc.

OUTCOMES OF WORKPLACE MENTAL HARRASSMENT

Mental harassment at the workplace can lead to severe implications such as anxiety, depression and workplace related stress, decreased productivity, lack of confidence and self-doubt in professional capability. Some of workers can even face physical problems such as fatigue, stress and weakened productivity. Psychological abuse can even cause family issues such a lack of communications and might deteriorate the relationships.

LEGISLATIVE FRAMEWORK FOR MENTAL HARRASSMENT AT WORKPLACE

The various laws governing this framework are as follow

1.The Sexual harassment of woman at workplace act (Prevention, Prohibition and redressal Act )2013

It is a important legislation aimed at protecting women from sexual harassment at workplace. This act also includes mental harassment, as sexual harassment could result in psychological strain. It describes sexual harassment as unwanted physical, emotional, verbal and non-verbal behavior, including coercion and suggestive remarks.

2.Indian Penal Code,1860

Under IPC there is nowhere clearly mentioning of the term mental harassment but through its various provisions provides can help us to interpret it such as

1.. Section 503 of IPC/351 of Bharatiya Nyay Sanhita

It provides the punishment for criminal intimidation, threatening harm, or harming reputation, impairing mental well-being.

2. Section 509 (IPC) and Section 74 (BNS): It addresses the serious issues such as outraging the modesty of a women with the use of various words, gestures, or acts.
3. Section 294 (IPC)296 (BNS): It provides the punishments for using obscene acts and songs, derogatory statements or actions to intimidate women.
4. Section 354A (IPC) and Section 75 (BNS): Sexual harassment, including sexually colored remarks and demanding sexual favors.
5. Industrial Employment (Standing Orders) Act, 1946:

It provides legal framework for safety measures and anti-harassment policies.

4. Information Technology Act, 2000:

It addresses the serious issues that is prominent in today’s modern era such as online harassment and cyberbullying, with sections 66A, 67, and 67A covering punishments for offensive messages, obscene content, and sexually explicit materials.

5.Constitutional provisions:

1. Article 14 (Right to Equality): It provides the safeguards against discrimination based on religion, race, caste, sex, or place of birth.
2. Article 19(1)(a) and (g) (Right to Freedom of Expression and Profession): Mental harassment can impede employees’ capability to work freely and safely.
3. Article 21 (Right to Life and Personal Liberty): Supreme Court rulings have highlighted the importance of protecting employees’ mental well-being.

6.Labour laws:

1. Maternity Benefit Act, 1961: It safeguards pregnant and new mothers from unfair treatment and ensures maternity leave benefits.
2. Equal Remuneration Act, 1976: It prevents gender-based discrimination in payment, emphasizing equal pay for equal work.
3. Shops and Establishments Act: It provides rules and regulations with regard to workplace conditions and policies.

Landmark Preceding

1. Visakha Guidelines: A Supreme Court ruling highlighted the importance workplace safety for women and providing guidelines to prevent harassment.

Procedure for Filing a Complaint Against Mental Harassment

Employees should be mindful about the complaint procedures. There are two types of complaints:

1. Internal Complaint: It Basically helps the victim to file a report about the harassment to the HR department or Internal Complaint Committee (ICC) within your institutions. Submit a complaint letter with incident details and evidence (e.g., emails, messages).
2. Legal Complaint: If the internal complaint fails or in extreme situations, file a complaint with labor authorities or police (FIR under relevant IPC sections).

Steps to Prevent Mental Harassment

Employers can take these actions –

1. Clear Policies: It implements anti-harassment policies encompassing mental harassment.
2. Regular Training: Hold workshops to educate employees and managers about their rights.
3. Encourage Reporting: Guarantee transparency, accountability, and a fear-free system for filing complaints.
4. Strengthen Redressal Mechanism: Implement a clear hierarchy and accessible system for addressing complaints.

Author:– Shriyanshi Tiwari, in case of any queries please contact/write back to us at support@ipandlegalfilings.com or   IP & Legal Filing.

REFRENCES

1.law Bhoomi

https://lawbhoomi.com/mental-harassment-at-workplace/

2. Sultan Lawyers

https://sultanlawyers.com/blog/mental-harassment-in-workplace/

3.Legal Referencer

https://legalreferencer.in/workplace-harassment-laws-in-india/

5. The legal crusader

https://thelegalcrusader.in/mental-harassment-at-workplace/

6. Nagaraju Vs Syndicate Bank and others

 AIR2005 SC 3280