Workplace Harassment Laws in India: BRIEF OVERVIEW

A) Introduction

In everyday terms, harassment is a type of discrimination involving any undesired physical or verbal conduct that can offend or humiliate an individual. These actions are typically recognized by their departure from moral and social norms, causing significant disturbance to the mental and physical well-being of the person. In legal terms, such behaviors are deemed unsettling, threatening, or disturbing, stemming from discriminatory motives. These acts not only hinder individuals from enjoying their rights, but can be classified as bullying when carried out repetitively. The crucial distinctions lie in the concepts of continuity and the alarming, disturbing, or threatening nature, setting harassment apart from mere surprise or insult. The Workplace Harassment Laws in India play a pivotal role in safeguarding employees rights and also ensuring a work environment free from intimidation or hostility.

B) Various types of workplace harassment

1. Sexual Harassment: Unwanted advances, comments, or conduct of a sexual nature.
2. Bullying: Repeated aggressive behavior, verbal or physical, intended to intimidate or harm.
3. Cyberbullying: Harassment through digital platforms, including social media and online communication.
4. Workplace Harassment: Unwelcome behavior at work, such as discrimination, bullying, or intimidation.
5. Racial Harassment: Discrimination or prejudice based on race, ethnicity, or nationality.
6. Religious Harassment: Unfair treatment or discrimination based on religious beliefs.
7. Gender-Based Harassment: Harassment linked to an individual’s gender, affecting both men and women.
8. Age-Related Harassment: Discrimination or mistreatment based on a person’s age.
9. Disability Harassment: Unfair treatment or discrimination against individuals with disabilities.
10. Online Harassment: Harassment conducted through digital means, including online stalking and trolling.
11. Verbal Harassment: Unwanted verbal comments, insults, or offensive language.
12. Physical Harassment: Unwanted physical contact or actions causing harm or discomfort.
13. Psychological Harassment: Emotional and mental distress caused by persistent harmful behaviors.
14. Sexual Orientation Harassment: Discrimination or mistreatment based on one’s sexual orientation.
15. Stalking: Repeated, unwanted attention, often involving following or monitoring an individual.

C) Mental Harassment at Workplace

Workplace harassment, particularly targeting women employees, remains a prevalent issue globally, with studies indicating alarmingly high frequencies. Research suggests that up to 50% of women encounter workplace harassment during their employment tenure, yet a significant portion refrains from reporting such incidents.

Workplace harassment has various forms, leading to the humiliation and defamation of women employees. Contrary to the prevailing misconception that workplace harassment solely pertains to sexual nature, it encompasses diverse classifications. These include harassment based on age, where individuals may face mistreatment due to their age group. Similarly, harassment grounded in disability unfairly targets employees with disabilities, subjecting them to unfavorable treatment.

Defamation is another facet of workplace harassment, involving actions aimed at demeaning and libeling individuals, resulting in damage to their reputation or image. Discrimination based on caste introduces another dimension, fostering an environment where employees may face bias and unfair treatment due to their caste background.

Moreover, harassment on the grounds of sexual orientation and marital status adds to the complexity of workplace mistreatment, highlighting the challenges faced by employees who fall outside perceived societal norms.
 

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

Enacted as the inaugural legislation aimed at safeguarding women from workplace sexual harassment, this law meticulously defines the term within section 2. It presents an inclusive definition, explicitly incorporating various unwelcome acts or behaviors, whether conveyed directly or indirectly. These encompass:

• Physical contact and advances
• A demand or request for a sexual favor
• Making sexually colored remarks
• Showing pornography
• Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature

Also Read: 35 MAJOR LEGAL RIGHTS OF WOMEN IN INDIA- A COMPREHENSIVE GUIDE

E) Information Technology Act, 2000

The Information Technology Act of 2000 endeavors to provide legal standing to online transactions while concurrently governing a spectrum of online actions and offenses. Key provisions include:

Punishment for Publishing or Transmitting any Obscene Material in Electronic Form under Section 67: This section addresses the publication or transmission of obscene material in electronic form. It establishes legal consequences for individuals engaging in such activities, acknowledging the need to regulate content disseminated through electronic mediums.

Section 67 of the Information Technology Act addresses the publication or transmission of obscene material in electronic form, providing a legal framework to combat the dissemination of explicit content. The section outlines specific criteria for determining the nature of the material and prescribes corresponding penalties.

The provision encompasses several elements:

Publication or Transmission of Obscene Material: Anyone publishing, transmitting, or causing to be published or transmitted in electronic form material that is lascivious or appeals to prurient interests falls under the purview of this section.

Effect on Morality: The law considers the effect of the material on individuals likely to read, see, or hear it, with the objective of preventing content that tends to deprave and corrupt.
The penalties are graduated based on the number of convictions:

First Conviction: Imprisonment of either description for a term up to three years and a fine extending to five lakh rupees.

Second or Subsequent Conviction: Imprisonment for a term up to five years and a fine up to ten lakh rupees.
By outlining specific criteria and penalties, the law seeks to discourage the creation and circulation of obscene content in the electronic domain, contributing to the responsible use of technology and safeguarding public morality.
 
Punishment for Publishing or Transmitting of any Material containing Sexually Explicit Act, etc., in an Electronic Form under Section 67A:

Section 67A pertains to the dissemination of material involving sexually explicit acts through electronic means.

Section 67A of the Information Technology Act addresses the publication or transmission of material containing sexually explicit acts or conduct in electronic form. This legal provision is designed to combat the dissemination of explicit content, particularly in the digital realm, and prescribes specific penalties for offenders.

The key elements of Section 67A include:

Publication or Transmission of Sexually Explicit Material: The section applies to individuals who publish, transmit, or cause to be published or transmitted in electronic form any material containing sexually explicit acts or conduct.

Graduated Penalties: Penalties are outlined based on the number of convictions:

First Conviction: Imprisonment of either description for a term that may extend to five years and a fine up to ten lakh rupees.

Second or Subsequent Conviction: Imprisonment for a term that may extend to seven years and a fine up to ten lakh rupees.

F) Indian Penal Code, 1860

While the term “Mental Harassment” lacks explicit definition in the Indian Penal Code 1860, it can be understood within the context of cruelty or torture. The Code’s relevant sections provide insights into acts that can be interpreted as constituting mental harassment:

1) Obscene Acts and Songs under Section 294: 

Section 294 of the Indian Penal Code addresses obscene acts and songs, setting clear provisions to deter behaviors that may cause annoyance to others in public places. It stipulates that anyone engaging in such acts or expressions shall face legal consequences.

The section delineates two scenarios:

a. Obscene Acts in Public Places: Individuals performing any obscene act in a public place, causing annoyance to others, fall under the purview of this provision. The law recognizes the importance of maintaining public decency and seeks to penalize actions that can offend or disturb those present.

b. Obscene Songs, Ballads, or Words in or Near Public Places: Singing, reciting, or uttering any obscene song, ballad, or words in or near a public place is also covered. This extension reflects the legislative intent to curb not only physical acts but also verbal expressions that may be offensive in public spaces.

The consequences for violating Section 294 include imprisonment of either description for a term that may extend to three months, a fine, or both. This legal framework emphasizes the societal expectation of responsible behavior in public, safeguarding the public’s right to be free from offensive or disturbing actions that may compromise public decency. By establishing these regulations, the law aims to create a harmonious and respectful public environment, discouraging activities that could cause discomfort or annoyance to others.

2) Assault or Criminal Force to Woman with an Intent to Outrage her Modesty under Section 354: 

The offense of assault or criminal force against a woman with the intent to outrage her modesty is explicitly addressed in this legal provision. Any person who physically assaults or employs criminal force against a woman, with the specific intention to outrage her modesty or the knowledge that such actions are likely to result in the same, is liable for punishment. The prescribed penalties include imprisonment of either description for a term that can extend up to two years, a fine, or both.

This legal provision underscores the significance of safeguarding a woman’s modesty and the severity with which society views actions that violate this aspect of personal dignity. By establishing clear consequences for such offenses, the law aims to act as a deterrent and ensure the protection and respect of a woman’s modesty within the societal framework.

3) Sexual Harassment and Punishment for Sexual Harassment under Section 354A: Sexual harassment and its corresponding penalties are explicitly outlined in the following provisions:

A man engaging in any of the following acts – involving unwelcome and explicit sexual overtures through physical contact and advances, making a demand or request for sexual favors, showing pornography against a woman’s will, or making sexually colored remarks – is deemed guilty of committing the offense of sexual harassment.

For offenses falling under clauses (i), (ii), or (iii) of sub-section (1), the perpetrator, if found guilty, faces rigorous imprisonment for a term extending up to three years, a fine, or both.
In the case of an offense specified in clause (iv) of sub-section (1), the perpetrator is subject to imprisonment of either description for a term that may extend to one year, a fine, or both. These provisions underscore the legal gravity assigned to acts of sexual harassment, reflecting a commitment to deter and penalize such behaviors.
 

4) Section 509 of the Indian Penal Code addresses acts intended to insult the modesty of a woman:

Any person purposefully intending to demean a woman’s modesty by uttering words, making sounds or gestures, or exhibiting objects, with the intention of being heard or seen by the woman, is liable for punishment. Intrusion upon the privacy of a woman is also covered under this section. The prescribed penalty for such offenses includes simple imprisonment for a term extending up to one year, a fine, or both. This legal provision emphasizes the importance of respecting a woman’s dignity and privacy, seeking to deter actions that violate these rights by imposing significant legal consequences on those found guilty of such conduct.

G) Legal References

The Vishaka guidelines, stemming from the landmark judgment in the case of Vishaka & Ors. vs. State of Rajasthan (AIR 1997 SC 3011), were formulated to address and prevent sexual harassment in the workplace. The Supreme Court laid down the following guidelines:

Definition of Sexual Harassment: Clearly define sexual harassment to include unwelcome sexually determined behavior, whether directly or by implication.

Preventive Measures: Employers must take proactive measures to prevent sexual harassment, such as developing and implementing a comprehensive policy against sexual harassment.

Internal Complaints Committee (ICC): Establish an Internal Complaints Committee at each office or administrative unit for addressing complaints. The committee should comprise a majority of women and include an external member.

Complaints Procedure: Outline a proper complaints mechanism for reporting incidents of sexual harassment, ensuring confidentiality and protection for the complainant.

Informing Employees: Disseminate information about the policy and the mechanism for addressing complaints through workshops, seminars, and other suitable means.

Assistance to Victims: Provide necessary assistance to the victim, such as counseling services and support during the investigation process.

Protection Against Retaliation: Ensure that victims or witnesses of sexual harassment are protected from any adverse action as a result of filing a complaint.

Confidentiality: Maintain confidentiality throughout the inquiry process, protecting the privacy of both the complainant and the accused.

Timely Resolution: Ensure that complaints are addressed promptly and efficiently, avoiding unnecessary delays in the investigation and resolution.

Penalties: Impose appropriate penalties on the perpetrator in the event of a proven case of sexual harassment, including but not limited to disciplinary action, termination, or legal consequences.

These guidelines are integral in creating a safer and more respectful work environment, emphasizing the responsibility of employers to prevent, address, and redress incidents of sexual harassment within the workplace.

-A pivotal case in Indian jurisprudence addressing mental harassment is the Indra Sarma v. V.K.V. Sarma case, a landmark decision by the Supreme Court in 2013. This case marked a significant development in matrimonial law, specifically under the Hindu Marriage Act, 1955, by acknowledging mental cruelty as legitimate grounds for divorce.

The Supreme Court, in its ruling, underscored the gravity of mental cruelty within the marital context, recognizing its potential to inflict substantial harm on the mental health and overall well-being of a spouse. Importantly, the court elucidated that the definition of mental cruelty was expansive, emphasizing that its determination would hinge on the unique facts and circumstances of each case.

To provide clarity, the court delineated examples of behaviors constituting mental cruelty. These included instances such as persistent verbal abuse, unfounded accusations of infidelity, withholding of affection, and refusal to engage in meaningful communication. By doing so, the court acknowledged the diverse forms that mental harassment could assume, illustrating its nuanced nature.

Crucially, the court highlighted that the cumulative effect of a series of acts could collectively amount to mental cruelty, even if each individual act, taken in isolation, might not be independently sufficient. This recognition of cumulative impact underscored the court’s sensitivity to the often insidious and cumulative nature of mental harassment within the marital relationship.

H) Effects of mental harassment at the workplace on employees

The effects of mental harassment at the workplace can have profound and detrimental impacts on employees, influencing their overall well-being, job satisfaction, and performance. Here are several key points outlining the effects:

Deterioration of Mental Health:

Constant mental harassment can lead to stress, anxiety, and depression among employees.
Prolonged exposure may contribute to more severe mental health issues.
Impact on Physical Health:

Mental harassment is often accompanied by physical symptoms such as headaches, insomnia, and gastrointestinal problems.
The stress from harassment can weaken the immune system, making individuals more susceptible to illnesses.
Reduced Job Satisfaction:

Employees experiencing mental harassment may face a decline in job satisfaction due to a hostile work environment.
Reduced satisfaction can lead to decreased motivation and engagement in their roles.
Decreased Productivity:

Continuous mental harassment can impair concentration and focus, resulting in a decline in overall productivity.
Employees may struggle to perform at their best under stressful conditions.
Higher Turnover Rates:

Employees enduring mental harassment are more likely to seek alternative employment opportunities.
High turnover rates can disrupt team dynamics and affect organizational stability.
Strained Interpersonal Relationships:

Mental harassment can spill over into interpersonal relationships, causing strained interactions with colleagues.
A toxic work environment may hinder effective collaboration and communication.
Increased Absenteeism:

The adverse effects of mental harassment may lead to increased absenteeism as employees seek respite from a hostile workplace.
Frequent absences can disrupt workflow and team dynamics.
Financial Consequences:

Employers may face financial consequences due to decreased productivity, increased turnover costs, and potential legal actions.
Negative impacts on the organization’s reputation may further affect financial stability.
Legal Implications:

Mental harassment can have legal repercussions for organizations, leading to lawsuits and damage to the company’s reputation.
Legal battles may result in financial penalties and additional strain on resources.
Emotional Toll:

Employees enduring mental harassment may experience feelings of isolation, helplessness, and frustration.
The emotional toll can affect their personal lives and overall quality of life.

I) FAQ’s