All You Need to Know About Mental Harassment Case

The term ‘Harassment’ is a form of discrimination that includes but is not limited to any unwanted physical or verbal behavior towards an individual. It covers a wide range of behaviors of offensive natures. Commonly understood as behavior that demeans, humiliates, or embarrasses a person, it is characteristically identified by its unlikelihood in terms of social and moral reasonableness. This unwanted and unwelcome behavior affects the physical and mental well-being of a person, and they don’t even know how to deal with mental harassment.

In the legal sense, these are behaviors that appear to be disturbing, upsetting, or threatening, and when they become repetitive, they can also be construed as bullying in common parlances. Most times, people don’t know how to deal with mental harassment or where to complain about mental harassment. In this article, we will discuss in detail all the various aspects related to mental harassment.

What is Mental Harassment?

Mental harassment is defined as harmful or hostile behavior directed either directly or indirectly at an individual by one or more people. This kind of behavior discredits a person or bars them from their personal life or employment and occurs frequently over a lengthy period. It alludes to a string of events that, if taken separately could seem unimportant, however, when occurred occasionally it makes the victim vulnerable and unimportant. Mental harassment laws in India are not so stringent which results in the loss of lives of many people.

Forms of Mental Harassment

While filing a harassment case, the complainant should know what type of harassment he or she is undergoing to take appropriate steps against it or at least know how to file mental harassment case in India. Harassment covers several unwanted behaviors that cause emotional or mental distress to someone. Below are given major types of harassment people go through in their day-to-day lives:

Physical or Sexual

Any form of unwanted physical conduct of sexual or asexual nature towards a person, to infringe the personal space of an individual or violate their dignity creating a degrading and hostile environment construe as physical or sexual harassment. It can happen anywhere, be it your workplace, public place, or even at your home. Some instances of physical or sexual harassment are touching your colleagues inappropriately, hugging or kissing forcefully, inappropriately touching oneself, and any other form of unwanted physical conduct, etc.

Discriminatory

Harassment can be done without having any physical touch or contact with a person. Discriminatory harassment occurs when people face discrimination in a public place or workplace due to their race, religion, caste, gender, or some other factors.

Emotional or psychological

Usually, all forms of violence or harassment have an emotional or psychological impact on an individual, hurting their integrity and dignity. Threats to kill, like neglect or disrespectful behavior, can cause severe emotional harm. For more information, visit What To Do If Someone Threatens To Kill You in India.

Cyberbullying or online

Most popular kind of harassment in today’s internet era is online bullying. Usage of obscene or threatening language through an electronic communication device to threaten or humiliate a person on social media or any other online platform constitutes online harassment. Know More about cyberbullying: Facts and laws

Domestic Mental Harassment

Mental Harassment in marriage is the same as mental provocation overall and many couples are not aware of how to deal with mental harassment. Notwithstanding, when we allude to mental badgering in marriage, it is the mental provocation brought about by the husband or wife or in-laws. Mental harassment law in India is different regulations that deal with mental harassment in a marriage. Indian Penal Code, 1860, the Protection of Women from Domestic Violence Act, 2005, and the Dowry Prohibition Act, 1961 regulate the mental harassment laws in India by assisting women who are battling for their privileges and backing the female organization to guide a lively, tranquil, and equivalent life inside the general public.

Section 498A of the IPC states that whoever, being the husband or the relative of the husband of a woman, subjects the woman to domestic mental harassment for any reason shall be rebuffed with detainment for a term, which might reach out to three years along with fine.

Mental Harassment in the workplace

Workplace harassment is one of the most common forms of mental harassment. Studies suggest that as many as 50% of women experience workplace harassment during their employment, but only a few women report it. Workplace harassment can be classified as below:

• Harassment based on the grounds of age.
• Harassment on the grounds of disability.
• Defamation- to demean and libel is to damage the reputation or image of an individual.
• Discrimination on the grounds of caste.
• Harassment on the grounds of Sexual Orientation and Marital Status.
• Harassment on the grounds of Race, Sex, Religion, and National Origin.

Mental Harassment Laws in India

In India, there is no specific law titled "Mental Harassment." However, mental harassment can be addressed under various existing laws and provisions of the Indian Penal Code, 1860. These include Section 498A, which deals with cruelty by a husband or relatives; IPC Section 506 for criminal intimidation; Section 294 concerning obscene acts and songs; and Section 509 addressing acts intended to insult the modesty of a woman. Additionally, IPC Section 503 and 504 cover criminal intimidation and intentional insults aimed at provoking a breach of the peace. These legal provisions collectively offer recourse against different forms of mental harassment in India.

Here are a few Indian laws that address different types of harassment.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

This was the first piece of law to be passed to safeguard women from sexual harassment at work. The phrase "sexual harassment" is defined in the law under section 2 and is given a broad definition, indicating that it encompasses any one or more of the unwanted acts or behaviors (whether committed directly or impliedly) listed below:

• advances made physically; or
• a request or demand for sexual favors; or
• making remarks with a sexual undertone; or
• exhibiting porn; or
• any additional inappropriate sexual behavior, whether it be physical, verbal, or nonverbal;

The law requires that specific procedures be followed in the workplace to prevent sexual harassment, as well as the establishment of channels for complaints to be resolved.

Punishment and Legal Provisions for Mental Harassment Under IPC

The Indian Penal Code, 1860 (IPC) does not define "Mental Harassment," but harassment can be understood to include cruelty or mental torture. The following sections are pertinent to regulating mental harassment law in India:

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How to take legal action against mental harassment?

In India, you can take legal action against mental harassment under various laws and provisions. Here are some steps you may consider:

• Identify the applicable laws: Determine which laws and provisions cover mental harassment in India, such as the Indian Penal Code, Protection of Women from Domestic Violence Act, Sexual Harassment of Women at Workplace Act, and the Information Technology Act.
• Gather evidence: Collect relevant evidence, such as emails, messages, recordings, or photographs, to support your claim of mental harassment.
• Consult a lawyer: Seek advice from a specialized criminal lawyer who can guide you on the specific legal provisions, your rights, and the steps to take.
• Cooperate with authorities: Provide the necessary information, evidence, and testimony to support your case during any investigation. Legal proceedings: If the authorities find sufficient evidence, legal proceedings may commence. Your lawyer will represent you in court if required.

FAQs

Q. Is harassment a crime?

Yes, any kind of harassment is a crime as per various sections of the Indian Penal Code, 1860.

Q. How can I prove mental harassment?

Mental harassment can be proved through medical reports of the victim and evidence of communications like emails or WhatsApp chats between the victim and the accused.

Q. Where to complain against mental harassment?

Domestic harassment complaints can be filed at the police station and workplace complaints can be filed in the labor courts.

About The Author:

Advocate Aman Verma is the Founder of Legal Corridor. He has been practicing and handling cases independently with a result-oriented approach, both professionally and ethically. He has now acquired 5 years of professional experience in providing legal consultancy and advisory services.
He has been providing services in various fields of law, including, but not limited to Civil, Criminal, Arbitration, Intellectual Property Rights, Trademark, matters relating to Property Law, Copyright, inter-alia, Suits, Writs, Appeals, Revisions, Complaints relating to Debt Recovery, Dishonor of Cheques, Rent Control Act, Cheque Bounce Matters, Matrimonial disputes and drafting and vetting of various agreements, documents, will, MoU, and so on.