What qualifies as a harassment charge in India?

Under the general criminal law that is Indian Penal Code, 1860, Section 354(A) defines sexual harassment as a man committing any physical touch/contact/ advances which are unwelcome in nature of acts which are sexually explicit or in regard to making demands or requests of favours which are sexual in nature; or involve …

What is the law on harassment at work?

Employees can be harassed by not following the Principle of Equal Pay for Equal Work. According to Article 39(d) of the Constitution and Section 2(h) of the Equal Remuneration Act 1976 it is the duty of the employer that every employee should receive same remuneration for similar nature of work.

What are the 3 forms of workplace harassment?

Here are three types of workplace harassment, examples, and solutions to help you educate your employees for preventing workplace harassment.

• Verbal/Written.
• Physical.
• Visual.

Can you sue your boss for emotional distress in India?

What you think is a violation of your rights may not necessarily be recognised as such by law. So, if your boss yells at you or hurts you emotionally, it may not qualify as mental harassment. However, if as a result of constant insults, you suffer from some psychiatric problem, you could have a case against him.

How do I file a harassment complaint against an employer in India?

Start by approaching the human resource department of your company. It will be in a position to explain where you stand legally and will help resolve the issue. You can also lodge a formal complaint directly with the department and should give it adequate time to evaluate your situation and suggest a solution.

Can you file a case for mental harassment in India?

Mental Torture is a valid ground for divorce and Section 498 of IPC is your shield. This is the mental harassment law in India to protect you against any form of cruelty and you can always file a case under it seeking the help of lawyers and advocates to guide you in the process of divorce.

What is mental harassment in the workplace in India?

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 relevant sections are as follows: – A. Section 294: Obscene acts and songs: Whoever, to the annoyance of others.