In this article, we take a closer look at what constitutes mental harassment, mental harassment law, and how to file a complaint. If you have been a victim of mental or psychological harassment, it’s important to talk to a lawyer for clarity on the further course of action.
The term ‘Harassment’ is a form of discrimination. It includes any unwanted physical or verbal behaviour that offends or humiliates you. It covers a wide range of behaviours of an offensive nature. It is commonly understood as behaviour that demeans, humiliates, or embarrasses a person, and it is characteristically identified by its unlikelihood in terms of social and moral reasonableness. Such behaviour affects the physical and mental well-being of a person. Although mental harassment is not defined specifically under the Indian Penal Code 1860, a number of sections such as 294, 354, 354A, 498A, and 509 are applicable as harassment case law.
In the legal sense, these are behaviours that appear to be disturbing, upsetting, or threatening. They evolve from discriminatory grounds and have the effect of nullifying or impairing a person from taking benefit of their rights. When these behaviours become repetitive, they can also be construed as bullying in common parlance. The continuity of repetitiveness and the distressing, alarming, or threatening nature may distinguish it from a mere insult or admonishment.
In this article, we take a closer look at what constitutes mental harassment, mental harassment law, and how to file a complaint. If you have been a victim of mental or psychological harassment, it’s important to talk to a lawyer for clarity on the further course of action.
Mental or psychological harassment comes under detrimental or hostile conduct by one or more individuals directly or indirectly towards a third person. This is conduct that occurs frequently and over a long period which defames an individual or excludes them from work. It refers to a conjunction of incidents that, when considered individually, may appear harmless. However, their continuous repetition has a destructive and impairing effect on the victim.
The following are a few Indian laws which deal with various forms of Harassment:
Sexual harassment includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication), namely:
The term “ Mental Harassment” has not been specifically defined under the Indian Penal Code, 1860 (IPC), however, harassment can be interpreted in terms of cruelty or torture. The Sections pertaining to mental harassment in IPC are as follows:
A. Section 294: Obscene acts and songs: According to IPC Section 294 , whoever, to the annoyance of others a., does any obscene act in any public place or b. sings, recites, or utters any obscene song, ballad, or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.
B. Section 354: Assault or criminal force to woman with intent to outrage her modesty.- According to IPC Section 354 , whoever assaults or uses criminal force on any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years or with a fine, or with both.
C. Section 354A: Sexual harassment.
1. A man committing any of the following acts-
2. Any man who commits the offence specified in clause (i) clause (ii), or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years or with a fine, or with both.
3. Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either description for a term which may extend to one year, with a fine, or with both.
D. Section 498A: Husband or relative of husband of a woman subjecting her to cruelty – Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Explanation —For IPC Section 498A, “cruelty” means—
Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb, or health (whether mental or physical) of the woman; or harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.
E. Section 509: IPC section 509 deals with word, gesture or act intended to insult the modesty of a woman.—Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.
This law aims to give legal recognition to online transactions and also deals with various acts and offences which may be committed online: A. Section 67: Punishment for publishing or transmitting obscene material in electronic form. B. Section 67A: Punishment for publishing or transmitting material containing the sexually explicit act, etc., in electronic form.
One of the important case laws on mental harassment in India is the Indra Sarma v. V.K.V. Sarma case, which was decided by the Supreme Court of India in 2013. In this case, the court recognized that mental cruelty could be grounds for divorce under the Hindu Marriage Act 1955.
The most important case law on sexual harassment in India is the Vishaka v. State of Rajasthan case. In this landmark case, the Supreme Court of India recognized sexual harassment in the workplace as a violation of a woman's fundamental right to equality and dignity under Articles 14, 15, and 21 of the Indian Constitution. The Court also formulated guidelines, known as the Vishaka Guidelines, to prevent and redress sexual harassment in the workplace until legislation was enacted.
Mental Harassment in marriage is the same as mental harassment in general. However, when we refer to mental harassment in marriage, it is the psychological harassment caused by the spouse or the in-laws. There are various laws that deal with mental Harassment caused in a marriage, such as Sections 354, 354A, 498A, and 509 of the Indian Penal Code as mentioned above. Apart from the above-mentioned IPC sections, there are specific acts such as:
1. The Protection of Women from Domestic Violence Act, 2005: The Protection of Women from Domestic Violence Act 2005, helps women who are a victim of domestic violence of any kind. This act is a legal medium using which they can take action against the person. Once a woman initiates a legal action under the provisions of this act, she shall receive protection from any reoccurrence until the case goes to trial.
2. Dowry Prohibition Act, 1961: To break the norms of the century-old practice, the enactment of the Dowry Prohibition Act 1961of prevents demanding and accepting dowry from a woman's family.
The following belong in the category of harassment by husband or in-laws for mental harassment:
To prove Mental Harassment by a husband, one should prove the following:
There are a number of means and ways through which mental harassment by in-laws of a woman can occur:
A man can also be subject to mental harassment and cruelty by his wife in the following forms:
Harassment at the workplace can occur in various ways. A mental harassment case against an employer can be made under conditions such as:
Mental harassment by a neighbour can arise from a range of issues. The mental harassment sections of IPC respectively includes the following:
To deal with mental harassment from neighbours, you can contact a criminal lawyer to discuss the case.
There is no specific law to protect Senior Citizens from Harassment but if the allegations are proven to be false, the person can file suit for defamation or damages. For any physical harassment, the Indian Penal Code would be applicable.
There is no specific procedure provided in any law to deal with mental harassment in the workplace. Since mental harassment has been categorized in various forms under Indian law, the action to be taken shall be in accordance with the particular kind of harassment you have faced. If it is a corporate mental harassment case, collect evidence of the harassment, including written records or witness testimonies. Approach the relevant authority, such as HR or legal advisors, and document incidents with dates and details. For more information on the topic, refer to the guide on how to file a mental harassment complaint. If you have been a victim of mental harassment, it's crucial to get legal counsel from advocates who specialize in mental harassment cases. On LawRato, you can connect with expert Lawyers to discuss your case.
If you have been a victim of mental harassment, it’s crucial to get legal counsel from advocates who specialize in mental harassment cases. On LawRato, you can connect with expert Lawyers to discuss your case.
In a recent judgement, the Delhi High Court noted that a wife's attempt to alienate children from the father constitutes "parental alienation," which is also an act of “grave mental cruelty”. While the husband may be a poor spouse, it doesn't automatically make him a deficient parent.
Q. 1 What are the IPC sections for harassment?
A. Sections 294, 354, 354A, 498A, 509 etc. can be invoked for mental harassment in India, depending upon the kind of harassment and the facts of the case.
Q.2 Can one file an FIR for mental harassment?
A. Yes, depending upon the kind of harassment, one can file an FIR for mental harassment.
Q.3 What is mental harassment?
A. Mental harassment could be termed as hostile conduct or cruelty affecting the mind or the psychology of another individual.
Q.4 What is the punishment for mental harassment?
A. Since ‘mental harassment’ can be taken as an umbrella term for several kinds of harassment, there is no particular punishment attached to it. Different kinds of mental cruelty or harassment attract different kinds of punishments.
Q. 5 What is an example of mental harassment?
A. Examples of mental harassment could be sexual harassment, dowry demands, obscene acts in public, mental cruelty in marriage, insulting the modesty of women, cyber cruelty, etc.
Q. 6 Can a person file a case for mental harassment?
A. Yes, definitely, depending upon the facts and circumstances of the case.
Q. 7 Can one complain about mental harassment online?
A. Depending upon the facts of the matter at hand, online complaints can be filed. For example, an online FIR can be filed for obscene acts in public and even for cyber crimes, complaints can be filed online.
One of the first and most important steps you should start with is to hire a good criminal lawyer , as he is aware of the legal processes and nitty-gritty involved in the criminal case. A criminal lawyer has the legal knowledge and experience necessary to handle and draft necessary documents related to the offence. He will be able to guide you and draft relevant documentation for you according to your special circumstances and facts, and the necessary things to be involved. A criminal lawyer is aware of good legal techniques. Hiring a lawyer will help you in more ways than one. You can also ask a lawyer online a free legal question using LawRato's Ask a Free Question service.
The term ‘Harassment’ is a form of discrimination. It includes any unwanted physical or verbal behaviour that offends or humiliates you. It covers a wide range of behaviours of an offensive nature. It is commonly understood as behaviour that demeans, humiliates, or embarrasses a person, and it is characteristically identified by its unlikelihood in terms of social and moral reasonableness. Such behaviour affects the physical and mental well-being of a person. Although mental harassment is not defined specifically under the Indian Penal Code 1860, a number of sections such as 294, 354, 354A, 498A, and 509 are applicable as harassment case law.
In the legal sense, these are behaviours that appear to be disturbing, upsetting, or threatening. They evolve from discriminatory grounds and have the effect of nullifying or impairing a person from taking benefit of their rights. When these behaviours become repetitive, they can also be construed as bullying in common parlance. The continuity of repetitiveness and the distressing, alarming, or threatening nature may distinguish it from a mere insult or admonishment.
In this article, we take a closer look at what constitutes mental harassment, mental harassment law, and how to file a complaint. If you have been a victim of mental or psychological harassment, it’s important to talk to a lawyer for clarity on the further course of action.
Mental or psychological harassment comes under detrimental or hostile conduct by one or more individuals directly or indirectly towards a third person. This is conduct that occurs frequently and over a long period which defames an individual or excludes them from work. It refers to a conjunction of incidents that, when considered individually, may appear harmless. However, their continuous repetition has a destructive and impairing effect on the victim.
The following are a few Indian laws which deal with various forms of Harassment:
Sexual harassment includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication), namely:
The term “ Mental Harassment” has not been specifically defined under the Indian Penal Code, 1860 (IPC), however, harassment can be interpreted in terms of cruelty or torture. The Sections pertaining to mental harassment in IPC are as follows:
A. Section 294: Obscene acts and songs: According to IPC Section 294, whoever, to the annoyance of others a., does any obscene act in any public place or b. sings, recites, or utters any obscene song, ballad, or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.
B. Section 354: Assault or criminal force to woman with intent to outrage her modesty.- According to IPC Section 354, whoever assaults or uses criminal force on any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years or with a fine, or with both.
C. Section 354A: Sexual harassment.
1. A man committing any of the following acts-
2. Any man who commits the offence specified in clause (i) clause (ii), or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years or with a fine, or with both.
3. Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either description for a term which may extend to one year, with a fine, or with both.
D. Section 498A: Husband or relative of husband of a woman subjecting her to cruelty – Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Explanation —For IPC Section 498A, “cruelty” means—
Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb, or health (whether mental or physical) of the woman; or harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.
E. Section 509: IPC section 509 deals with word, gesture or act intended to insult the modesty of a woman.—Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.
This law aims to give legal recognition to online transactions and also deals with various acts and offences which may be committed online: A. Section 67: Punishment for publishing or transmitting obscene material in electronic form. B. Section 67A: Punishment for publishing or transmitting material containing the sexually explicit act, etc., in electronic form.
One of the important case laws on mental harassment in India is the Indra Sarma v. V.K.V. Sarma case, which was decided by the Supreme Court of India in 2013. In this case, the court recognized that mental cruelty could be grounds for divorce under the Hindu Marriage Act 1955.
The most important case law on sexual harassment in India is the Vishaka v. State of Rajasthan case. In this landmark case, the Supreme Court of India recognized sexual harassment in the workplace as a violation of a woman's fundamental right to equality and dignity under Articles 14, 15, and 21 of the Indian Constitution. The Court also formulated guidelines, known as the Vishaka Guidelines, to prevent and redress sexual harassment in the workplace until legislation was enacted.
Mental Harassment in marriage is the same as mental harassment in general. However, when we refer to mental harassment in marriage, it is the psychological harassment caused by the spouse or the in-laws. There are various laws that deal with mental Harassment caused in a marriage, such as Sections 354, 354A, 498A, and 509 of the Indian Penal Code as mentioned above. Apart from the above-mentioned IPC sections, there are specific acts such as:
1. The Protection of Women from Domestic Violence Act, 2005: The Protection of Women from Domestic Violence Act 2005, helps women who are a victim of domestic violence of any kind. This act is a legal medium using which they can take action against the person. Once a woman initiates a legal action under the provisions of this act, she shall receive protection from any reoccurrence until the case goes to trial.
2. Dowry Prohibition Act, 1961: To break the norms of the century-old practice, the enactment of the Dowry Prohibition Act 1961of prevents demanding and accepting dowry from a woman's family.
The following belong in the category of harassment by husband or in-laws for mental harassment:
To prove Mental Harassment by a husband, one should prove the following:
There are a number of means and ways through which mental harassment by in-laws of a woman can occur:
A man can also be subject to mental harassment and cruelty by his wife in the following forms:
Harassment at the workplace can occur in various ways. A mental harassment case against an employer can be made under conditions such as:
Mental harassment by a neighbour can arise from a range of issues. The mental harassment sections of IPC respectively includes the following:
To deal with mental harassment from neighbours, you can contact a criminal lawyer to discuss the case.
There is no specific law to protect Senior Citizens from Harassment but if the allegations are proven to be false, the person can file suit for defamation or damages. For any physical harassment, the Indian Penal Code would be applicable.
There is no specific procedure provided in any law to deal with mental harassment in the workplace. Since mental harassment has been categorized in various forms under Indian law, the action to be taken shall be in accordance with the particular kind of harassment you have faced. If it is a corporate mental harassment case, collect evidence of the harassment, including written records or witness testimonies. Approach the relevant authority, such as HR or legal advisors, and document incidents with dates and details. For more information on the topic, refer to the guide on how to file a mental harassment complaint. If you have been a victim of mental harassment, it's crucial to get legal counsel from advocates who specialize in mental harassment cases. On LawRato, you can connect with expert Lawyers to discuss your case.
If you have been a victim of mental harassment, it’s crucial to get legal counsel from advocates who specialize in mental harassment cases. On LawRato, you can connect with expert Lawyers to discuss your case.
In a recent judgement, the Delhi High Court noted that a wife's attempt to alienate children from the father constitutes "parental alienation," which is also an act of “grave mental cruelty”. While the husband may be a poor spouse, it doesn't automatically make him a deficient parent.
Q. 1 What are the IPC sections for harassment?
A. Sections 294, 354, 354A, 498A, 509 etc. can be invoked for mental harassment in India, depending upon the kind of harassment and the facts of the case.
Q.2 Can one file an FIR for mental harassment?
A. Yes, depending upon the kind of harassment, one can file an FIR for mental harassment.
Q.3 What is mental harassment?
A. Mental harassment could be termed as hostile conduct or cruelty affecting the mind or the psychology of another individual.
Q.4 What is the punishment for mental harassment?
A. Since ‘mental harassment’ can be taken as an umbrella term for several kinds of harassment, there is no particular punishment attached to it. Different kinds of mental cruelty or harassment attract different kinds of punishments.
Q. 5 What is an example of mental harassment?
A. Examples of mental harassment could be sexual harassment, dowry demands, obscene acts in public, mental cruelty in marriage, insulting the modesty of women, cyber cruelty, etc.
Q. 6 Can a person file a case for mental harassment?
A. Yes, definitely, depending upon the facts and circumstances of the case.
Q. 7 Can one complain about mental harassment online?
A. Depending upon the facts of the matter at hand, online complaints can be filed. For example, an online FIR can be filed for obscene acts in public and even for cyber crimes, complaints can be filed online.
One of the first and most important steps you should start with is to hire a good criminal lawyer , as he is aware of the legal processes and nitty-gritty involved in the criminal case. A criminal lawyer has the legal knowledge and experience necessary to handle and draft necessary documents related to the offence. He will be able to guide you and draft relevant documentation for you according to your special circumstances and facts, and the necessary things to be involved. A criminal lawyer is aware of good legal techniques. Hiring a lawyer will help you in more ways than one. You can also ask a lawyer online a free legal question using LawRato's Ask a Free Question service.
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These guides are not legal advice, nor a substitute for a lawyer
These articles are provided freely as general guides. While we do our best to make sure these guides are helpful, we do not give any guarantee that they are accurate or appropriate to your situation, or take any responsibility for any loss their use might cause you. Do not rely on information provided here without seeking experienced legal advice first. If in doubt, please always consult a lawyer.
Amol Kumar
Can a consumer file Mental harassment case if he is suddenly denied to provide the services by provider ?
Reply by LawRato
Whether a case for mental harassment would stand in your case, would depend upon the kind of service that was denied, the communication that followed and the time frame within which the service was to be provided. It is recommended to take the advice of a lawyer who will guide you after understanding the facts and circumstances of your matter in detail. You can consult a lawyer by clicking on the link below:
Alternatively, you can also send in your detailed query for Free Legal Advice by clicking on the link below:
DHL
If a college student is being mentally harassed by his professor and uses violence to overcome it what legal method can be used to save the boy and what laws can help in this case
Reply by LawRato
If a college student in India is facing mental harassment by a professor or any other individual, there are legal methods to address the issue without resorting to violence. Here are some steps the student can take:
1. Document the harassment: Keep a detailed record of all incidents of harassment, noting dates, times, locations, and details of what occurred. This documentation can be essential if legal action becomes necessary.
2. Report the harassment: Notify the appropriate authorities within the college or university, such as the principal, head of department, or the institution's anti-harassment committee. They are responsible for handling such matters and may conduct an internal investigation.
3. File a formal complaint: If the internal process does not yield satisfactory results, the student can file a formal complaint with the college's grievance cell or the university's anti-harassment committee.
4. Contact law enforcement: If the harassment involves criminal conduct, the student can approach the local police and file a First Information Report (FIR) to initiate a criminal investigation.
In India, some laws that may be relevant in cases of harassment include:
1. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013: This law addresses sexual harassment of women at the workplace, which can include harassment in educational institutions.
2. Indian Penal Code (IPC): Various sections of the IPC deal with offenses related to harassment, assault, and other forms of harm to a person. If the violence was in self defence, the boy can take that plea under IPC after consulting with the lawyer.
It is important for the student to consult with a criminal lawyer who specializes in such matters to understand the specific legal options available and to navigate the process effectively. Engaging with the legal system in a peaceful and lawful manner will yield better outcomes and protect the student from further legal troubles.
Akash
I would also like to know whether mental harassment case can be proved in court if we don't have any audio/video proofs.
Reply by LawRato
Although it is very important to have evidence to prove your case in the Court, it is not impossible to do so without the audio or video proof. If you have any text messages or emails etc. from the accused, make sure you use that in your case. However, it is recommended that you hire a lawyer who will help you build a strong case and guide you in the right direction, after understanding all the facts and circumstances surrounding tha matter.
You can hire an expert criminal lawyer by clicking on the link below:
Ashim Rai
Hi, ma'am shall i know if the police with our against and determine and pretending to his family members so, what we do they give a torture us
Reply by LawRato
Since your question is very specific and requires more information in order to guide you better, it is advised that you click on the link below and send in your query for Free Legal Advice.
Vinesh patadia
Which law can suggest to boss, if he is doing mental harrcement at work place?
Reply by LawRato
Since mental harassment has been categorized in various forms under Indian law, the action to be taken shall be in accordance with the particular kind of harassment the victim has faced ; whether termination or violent behaviour or harassment in terms of wages or sexual harassment. Thus it is important to consult with a lawyer to understand how to approach the specific problem that you are facing. Since your question is very specific and requires more information in order to guide you better, it is advised that you click on the link below and send in your detailed query for Free Legal Advice.
Samir
Respected Mam, If a woman employee harassment by a individual through harassing to put pressure by putting grevance again again and drop her immage in the public then what should we do
Reply by LawRato
Since your question is very specific and requires more information in order to guide you better, it is advised that you click on the link below and send in your query for Free Legal Advice.
Uma
Hi mam. My father is an exarmy person and he's harassing me, my sister&my mother for more than 15 yrs Just because he's army person even after complaining at police station didn't worked out.
Reply by LawRato
Since your question is very specific and requires more information in order to guide you better, it is advised that you click on the link below and send in your query for Free Legal Advice.
Suditi SInha
I was inappropriately touched on my neck by an older man in public while going to get my bus Now he keeps staring at me everytime I return homeCan I file a legal complaint of harassment against him?
Reply by LawRato
This incident of inappropriate touch falls under the offence of sexual harassment under Section 354A of the Indian Penal Code. The provision imposes a punishment of rigorous imprisonment which may extend to three years. Therefore, you can approach the police to register a First Information Report (FIR) for the offence of sexual harassment and seek action against the perpetrator.
Athee
If a person sending letter continuously by post which give mental torture. What is the remedy? And which IPC section lies ?
Reply by LawRato
Since your question is specific and requires more information in order to guide you better, it is advised that you click on the link below and send in your detailed query for Free Legal Advice.
Alternatively, you can consult a lawyer who will guide you after understanding the facts of your case better. You can hire a lawyer by clicking on the link below:
Talathoti
Respected Mam, if the employee whether he is govt or private person is harrassing by seniors intentionally like mentally and financial then what to do the legal steps
Reply by LawRato
Harassment can be understood as an unwelcome action of one person causing humiliation to the other one being subjected to such behaviour.
Mental harassment may be in the form of words, actions or gestures which result in annoying, alarming, abusing, demeaning, intimidating, belittling, humiliating or embarrassing another.
A person must report mental harassment at workplace by boss or co- workers as per the organisational rules and regulations. A complaint letter against mental harassment at workplace to the Human Resources department may usually help. You can also approach a corporate lawyers who may assist you legally.
It could be a mental harassment complaint to police in case of a serious offence. If provisions of the Indian Penal Code, 1860 are invoked, police may be involved in the matter.
Complaint against mental harassment at workplace can be made to the labour commissioners in case any rights under the labour laws are infringed.
Arthi
Mental harassment by manager from day one of job and when questioned threatening to terminate from the job.
Reply by LawRato
A person must report mental harassment at workplace by boss or co- workers as per the organizational rules and regulations. A complaint letter against mental harassment at workplace to the Human Resources department may usually help. You can also approach a corporate lawyer who may assist you legally.
It could be a mental harassment complaint to police in case of a serious offence. If provisions of the Indian Penal Code, 1860 are invoked, police may be involved in the matter.
Complaint against mental harassment at workplace can be made to the labor commissioners in case any rights under the labor laws are infringed.
Ravi
My wife wants to become surrogate mother for her sister but I don't want to do this but by force they have taken my wife to the hospital for checking
Reply by LawRato
As per the prevailing law, the process of surrogacy does not mandate procuring consent of the spouse of the intending surrogate mother. Therefore, withholding consent to your wife from becoming a surrogate mother in no manner restricts her rights, which are guided by the requisite parameters in law. However, it is best to consult with a lawyer who may provide an accurate opinion after understanding the complete facts and circumstances of your particular case.
Pradeep Kumar
Respected Mam, if the employee whether he is govt or private person is harrassing by seniors intentionally like mentally and financial then what is IPC Clause .
Reply by LawRato
In general, harassment can be understood as an unwelcome action of one person causing humiliation to the other one being subjected to such behaviour. Mental harassment may be in the form of words, actions or gestures which result in annoying, alarming, abusing, demeaning, intimidating, belittling, humiliating or embarrassing another.
IPC Sections for Mental Harassment at Workplace - There are no direct provisions under the Indian Penal Code, 1860 addressing workplace harassment. But there are other IPC sections which can be invoked by employees if the acts are similar. For example, Section 499 (defamation) punishes for slander or libel through words said or written, gestures, etc. There are provisions of punishing hurt and grievous hurt depending upon the degree of injury caused. Sections 354, 509 specifically deal with the acts that harm the modesty of a woman. Section 504 punishes intentional use of abusive language against another. Section 506 of the Act punishes criminal intimidation.
If in the name of gross deductions, if an employer deducts an unexplained amount from your salary, provisions of Payment of Wages Act, 1936 may be of great help for seeking relief.
Pallavi
Mam can i file complaint against person coming to my house and mentally harassing my mother as she is pregnant
Reply by LawRato
A mental harassment complaint can be filed against any person under various laws including the Indian Penal Code. You may file a complaint under Section 509 (Word, gesture, or act intended to insult the modesty of a woman) of IPC. You can refer to this article and consult a criminal lawyer for your query for a proper advice.
Manthan Rajgor
i m Person with Disabilities how can i take legal action against family member for Mental Harassment and bullying
Reply by LawRato
Any specific procedure to file a complaint against mental harassment has not been provided under any Indian law. Various forms of mental harassment are covered under various relevant laws such as the Sexual Harassment at Workplace Act and the Indian Penal Code. A person with disabilities is protected under the Rights of Persons with Disabilities Act, 2016. Section 92 of the Act lays down a list of offences for which any person who commits atrocities on persons with disabilities may be punished. The punishment imposed is imprisonment for a term not below 6 months and up to 5 years and a fine. You can consult a criminal lawyer for your query.
Soni
A private womam employee intentionally highlight/ targetting by male officials in order to spoil her images, is this comes under mental harassment? Can i complaint to Internal complain Committe ?
Reply by LawRato
A woman employee being targeted by the male employees or officials of the organization is said to be facing mental harassment. The intentional targeting of an employee can lead to mental stress which then affects the mental and physical well-being of the person and also reflects on their work. Since the Prevention of Sexual Harassment Act, 2013 also covers mental harassment, it is advised to approach the Internal Committee of the organization. It is also advised to engage the services of a criminal lawyer for your issue for expert legal assistance.
Sunny
Respected Mam, if the employee whether he is govt or private person is harrassing by seniors intentionally like mentally and financial then what to do the legal steps
Thulasi
Working place harassment
