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Bullying, harassment, and creating a hostile working environment all fall under the category of psychological abuse which is a form of workplace mental harassment. This type of abuse is differentiating from its other types in the sense that It is not readily observable, but its effects are insidious, and this inflicts damage to employees emotional and mental wellbeing. Long term stress, depression, and low self-esteem are some of the consequences that may arise, leading to serious health issues and inferior quality of work.
In India there have been more and more discussions and regulations regarding workplace harassment due to the recognition of its existence. The recent incidents suggest that mental harassment is increasingly being recognised as a violation of employees’ rights and measures are taken to protect those who suffer from it. Organisations to enhance their workplace culture need to be aware of the boundaries of harassment that encompasses various aspects and the actions that can be taken in response. A crucial part of addressing mental harassment at the workplace is equipping employees with information regarding the rights which the law gives them and how to protect these rights.
Section 1: Defining Mental Harassment at the Workplace
Mental harassment at work, sometimes called workplace bullying or workplace psychological harassment is any form of disturbance an individual experiences or undergoes, restraining his or her emotional and psychological state. In India for instance, where work areas are largely influenced by culture and hierarchy, this has to be dealt with by first noticing the signs of such harassment.
Moreover, mental harassment can be viewed as the opposite of human etiquette. A frosty environment is formed not only by behaviour that is directly unpleasant but also non-pleasant repetitive actions. These repetitive behaviours range from:
Verbal Abuse
Also known as workplace bullying, this includes vicious Continuous abusers, name-callers, and people who use foul language to demoralise an employee.
Unreasonable Work Expectations
Including heavy workloads without consideration for setting targets and micromanagement which is excessive in nature.
Exclusion or Isolation
Where an employee is purposely rusticked away to avoid a particular task, conversations, activities or even the entire teamwork.
Intimidation
Where compliance or fear is forced through threats such as “If you do not do this, this will be done to you" or something to that effect.
Discrimination
Any form of harassment that is of the race, gender, caste, religion, or any other form including workplace sexual harassment that goes against every basic right of a worker.
Undermining Professional Reputation
Where false statements or work is negated alongside making significant efforts to discredit an employee’s reputation.
Cyberbullying
Where the use of emails and other electronic forms of communication is used to slander, embarrass, or threaten and harass employees.
The cumulative impact of such behaviours often leads to anxiety, physical health issues, and even lower productivity levels. Still, the Indian legal framework addresses these issues through laws like the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013 and the broader IPC principles.
Section 2: Legal Framework on Mental Harassment of India
There are comprehensive Labour laws and top-level labour law advisors in India that prevent employees from being victims of workplace harassment such as those involving mental harassment Indian Penal Codes (IPC) deals with the issue of harassment under Sections 354A and 509, which makes it a crime to instigate disrespect of an individual.
The Industrial Disputes Act of 1947 also assists workers in seeking redress in respect of workplace harassment or any other kind of grievance. There is also the Factories Act, 1948 which promotes and provides procedures for safe working conditions that ensure good health and mental well-being.
The famous Vishaka Judgement (1997) laid down yardsticks to curb sexual harassment offenses that might fall under or be associated with mental harassment in some instances. It also suggested that it is the duty of the employer to ensure that his workplace is free from all forms of harassment.
The Occupational Safety, Health, and Working Conditions Code, 2020, reinforces employers' duties to ensure employees' mental and physical well-being. Provisions require organizations to establish grievance mechanisms and address complaints promptly.
In providing guidance to the legal bounties of these laws, labour law advisors offer commendable services to victims who are seeking justice through filing complaints or taking matters to courts or tribunals.
Section 3: Steps to Handle Mental Harassment at the Workplace
Document Every Incident
Maintaining detailed records of harassment incidents is crucial. Note dates, times, locations, and descriptions of each occurrence. These records strengthen the victim's position during legal proceedings or online legal consultations.
Speak to a Trusted Authority
A written complaint is more effective and peaceful if provided to HR or senior management. This at least marks the accountability of a person and the trigger of an internal process. Even here, a labour law consultant can mediate between the employee and the employer in professional disputes that would otherwise remain unresolved.
Leverage Legal Rights
Under all relevant labour legislation, the victim may decide to make a complaint against the abuser. For such behaviours, courts and tribunals do exist.
Seek External Support
Professional mental health support will help deal with victims with such cases, the anxiety and distress these experiences have caused. Online lawyers help anticipate your legal position and recommend steps that would eventually lead to the resolution.
Section 4: Real-Life Case from India
Debjani Sengupta vs The Institute of Cost Accountants of India
Sengupta was a worker at the Institute of Cost Accountants who made a complaint in sexual harassment of women at the Workforce (Protection, Prohibition and Redressal) Act 2013 alleging mental harassment and sexually coloured comments made to her by a senior. The offended party in this case, an organization member, approached the internal complaint committee (ICC), and after analysis, they prepared a report recommending that some offender would be suspended or otherwise sanctioned. However, more than one month passed until the disciplinary decision was issued, during which Sengupta filed a writ petition seeking preservation of her rights by the rule of law. The importance of taking prompt measures was one of the agents of this case.Hence,the Calcutta High Court emphasised that such events should be addressed in a timely manner by the employers.
Section 5: Preventive Measures for Employers
Harassment free environment for the workplace would mean having a culture that is positive and active without hostility. Wages and salaries and fringe benefits should be proper motivation to these employees and corrective action plans should Initiate Character and leadership training for both employees and managers and conduct periodic workshops and seminars to educate them on what is appropriate for the workplace and what their legal obligations are.
Moreover, employees must feel safe and respected, which unfortunately isn’t always the case. Mental harassment in the workplace is a pervasive issue in modern workplaces. So, every workplace should have support for those who experience or have faced such treatment. To prevent such mental violations, employees must be educated on their rights, and legal tools should be made available to them to aid their case within an organization.
Conclusion
Empowering different stakeholders will pay off in the fight against mental harassment at workplaces. It is possible to reach out to the Labour Laws advisors to review their strategies concerning mental harassment and in turn give the organization the tools to foster a culture of care. Lawmakers can help take up this cause by strengthening all existing laws that define mental harassment in the workplace and institutions can help by incorporating such policies into their code of conduct.
It shouldn’t be about declaring mental issues as a taboo, leaders in organizations should be open to discussing these issues and aiming to create an environment where such words won’t exist and tackle work culture issues.
Addressing the issue of Mental Harassment in Indian workplaces requires legal overhauls and all competent authorities working together to implement them. To make the work environment healthy and harassment free.
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