Published on May,23 2025
In India, mental harassment at the workplace is a growing concern that impacts employees' mental health, productivity, and wellness. Most individuals deal with problems of being bullied, incessant and unfair criticism, discrimination, and toxic workplaces, which greatly affect one’s personal and professional life/reputation.
To do something about it, one must know what constitutes mental harassment, one’s legal rights, and actions one can take.
What is Mental Harassment at Work?
Mental harassment in the workplace means recurring or deliberate acts which cause emotional harm to an employee. These acts may be in the following forms:
- Verbal abuse
- Bullying or intimidation
- Unreasonable work pressure
- Humiliation in front of others
- Discrimination based on gender, caste, or religion
- Intimidating threats or blackmail
Common Signs of Workplace Mental Harassment
Workplace psychological harassment can be hard to identify, but may be evident through:
- Feeling mentally drained from nonstop pressure or stress
- Fear of discussing or sharing certain opinions
- Unfair blame or criticism
- Exclusion from meetings or discussions
- Lack of distribution of work
These issues may be related to workplace psychological harassment if they happen regularly; always document your harassment, seek help, and consider filing a formal complaint to safeguard your rights.
Legal Framework Governing Mental Harassment in India
In India, workers are provided with certain legal safeguards which protect them from harassment while at work. The most important of these are listed below:
The Sexual Harassment of Women at Workplace Act, 2013 (Prevention, Prohibition & Redressal Act)
- Applies to female employees only.
- Obligates the organisation to form an Internal Complaints Committee (ICC).
- Applies to legal sexual and mental harassment and provides remedies.
The Industrial Employment (Standing Orders) Act, 1946
- Requires that employers exhibit some measure of acceptability in the treatment of subordinates.
- Includes Misconduct, harassment, discrimination and victimisation in institutions.
The Indian Penal Code (IPC)
A cover for inter-personal intimidation.
- Section 506: Criminal intimidation.
- Section 509: Using words, signs, or behaviours that insult a woman's privacy or dignity.
- Section 354A: Sex-related violence.
Understanding these legal protections can help you file a mental harassment complaint confidently.
How to File a Complaint Against Mental Harassment at the Workplace
Step 1: Internal Complaint Mechanism
- Report the issue to HR: Document incidents and report them formally.
- Speak with the ICC (Internal Complaints Committee): An ICC is required for any business with more than ten employees.
- Keep records of emails, messages, and witness statements: These serve as evidence.
Step 2: Filing a Formal Complaint Externally
- If the harassment continues, file a police complaint.
- Approach a Labour Court for legal action.
- Seek legal assistance from a Corporate Lawyer in Delhi.
Step 3: Drafting a Complaint Letter Against Mental Harassment at the Workplace
- Date and recipient details
- Your designation and company details
- Description of incidents (dates, times, witnesses)
- Request for action
Legal Remedies for Mental Harassment Victims
If internal complaints are unable to resolve workplace mental harassment, you have a number of legal routes to protect your rights and seek justice.
- Compensation claims for damages: You can file a civil suit to claim compensation for mental distress or reputational harm, or loss of money due to workplace mental harassment.
- Employer liability: If an employer has known about the harassment and has not taken any appropriate action, that employer can be held accountable for a negligence claim. Organisations are legally required to ensure their work environments are safe and free from harassment.
- Criminal charges against the harasser: If the work mental harassment involves threat, intimidation or defamation, you can proceed with legal action under the Indian Penal Code (IPC). In serious situations, you can use Section 506 (criminal intimidation) and/or Section 509 (insulting modesty).
If you are facing workplace mental harassment, you may want to consult a legal professional so you understand your legal rights and what legal actions you can take to seek the justice you deserve.
Role of Lawyers in Workplace Harassment Cases
Criminal Lawyer in Delhi
- Helps file police complaints under IPC sections.
- Represents victims in criminal cases.
A Criminal Lawyer in Delhi ensures proper legal advice and support to protect your rights and seek justice.
Corporate Lawyer in Delhi
- Assists in corporate disputes related to harassment.
- Provides legal guidance on workplace policies.
Labour Lawyer in Delhi
- Helps with Labour Court proceedings.
- Ensures employee rights are protected.
Preventive Measures to Avoid Mental Harassment at the Workplace
For Employers
- Create a clear anti-harassment policy.
- Conduct regular sensitivity training.
- Set up a safe and confidential complaint system.
For Employees
- Report harassment early to HR or the authorities.
- Keep records of incidents.
Conclusion
Such acts of mental harassment in the workplace should never be tolerated. Employees should know their legal rights and remedies. Going outside and approaching and seeking help from a Labour Lawyer in Delhi is best if internal complaints do not provide justice.
By adopting the right course of action at the right time, one can establish a work culture that is just and safe for everybody. If any individual, whether you or someone you know, is being subjected to mental harassment at the workplace, never think twice before seeking legal advice.
Advocate Priya Paul
Advocate Priya Paul, a proactive Delhi-based advocate, leads a skilled team. Her blog shares insights and updates on legal issues, helping readers navigate the law.
