How to file a Mental Harassment Complaint?

Mental Harassment can happen at the workplace, home and other places. Learn how to file a mental harassment complaint and seek advice from top lawyers on LawRato.

Mental Harassment can happen at the workplace, home and other places. Learn how to file a mental harassment complaint and seek advice from top lawyers on LawRato.

What is mental harassment?

Harassment encompasses a wide range of offensive behaviors. It is widely regarded as behavior that degrades or humiliates a person, and its rarity distinguishes it in terms of social and moral justification. These are behaviors that appear to be unpleasant, upsetting, or menacing in a legal sense. They arise from discriminatory grounds and have the consequence of nullifying a person's rights or preventing them from exercising them. Bullying is described as when these behaviors become repetitive. It can be distinguished from insult by its consistency of repetition, as well as the upsetting, worrisome, or threatening element. When it comes to a workplace, it is possible to file mental harassment complaint online. Mental harassment in the house or other places can be dealt with the help of an advocate.

Mental harassment complaint by an employee

Workplace harassment is a widespread issue worldwide. While sexual harassment predominantly affects women, it's not the sole demographic impacted in terms of mental harassment. Employees of various backgrounds may encounter harassment based on factors such as caste, race, sexual orientation, or gender identity at the workplace. Section 2(n) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, more commonly known as the PoSH Act, defines sexual harassment as “ any one or more of the following unwelcome acts or behavior (whether directly or by implication) namely:

• Physical contact and advances

• A demand or request for a sexual favor

• Making sexually colored remarks

• Showing pornography or

• Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.”

• As is clear from the abovementioned definition, not just physical harm constitutes sexual harassment, but any act likely to affect the mental health of the employee is also covered within the ambit of the definition.

In Sushma Alaguvadival v. the Union of India & Ors., the Madras High Court held that the administration of an organization is responsible for the expeditious disposal of sexual harassment complaints. If there is a considerable lapse of time from the institution of the complaint, the efficiency of the female employees will be adversely affected and also cause mental agony to the aggrieved woman. According to the court, the “ right to work is a basic right. Right to work must include a peaceful atmosphere. When a person is employed and attending the workplace, it is the duty of the employer to develop a sense of security in the minds of employees, more specifically, women employees.”

How to file mental harassment complaint at the workplace?

The procedure to file sexual harassment (physical or mental) complaints at the workplace is mentioned under the PoSH Act.

1. According to Section 9 of the Act, any aggrieved woman may file a complaint in writing to the Internal Committee (IC) of the organization if it is constituted.

2. If the organization does not have an IC, the complaint shall be made to the Local Complaints Committee (LCC).

3. An aggrieved woman shall file the complaint within three months of the incident of sexual harassment.

4. If an aggrieved woman is unable to reduce the complaint in writing, the IC must provide her assistance to do so.

Mental harassment complaint by the wife against the husband or in-laws

Mental harassment within marriage can afflict both the wife and the husband. Contrary to common belief, it's not solely the wife who experiences such distress from her husband or in-laws. Both partners may endure psychological anguish depending on who is perpetrating the mental harassment and who is the victim. In Devesh Yadav v. Smt. Meenal, the Punjab and Haryana High Court held that filing complaints and initiating criminal proceedings against the husband that are false and baseless amount to harassment and torture to the husband and his family. The Court held that a false complaint by a wife that contains indecent, malicious, and defamatory allegations against the husband amounts to mental cruelty. In Vandana Singh v. Satish Kumar, the Delhi High Court held that if a husband treats his wife as an “ overseas wife” and only for “ temporary companionship” the marital bond must be dissolved as it “ causes immense mental cruelty” to the wife.

Mental harassment by husband or in-laws under IPC

The following provisions of the Indian Penal Code (IPC), 1860 address mental harassment suffered by a woman at the hands of her husband or in-laws:

• Section 304B: Dowry's death

• Section 498A: Husband or relative of husband of a woman subjecting her to cruelty

• Section 509: Word, gesture, or act intended to insult the modesty of a woman

In Nakkeeran @ Jeoran Pandy v. the State, the Madras High Court held that an extramarital affair of the husband may cause serious mental trauma and mental health issues to the wife and would, therefore, amount to mental cruelty under Section 498A of IPC.

Mental harassment by husband or in-laws under the DV Act

The Domestic Violence Act, of 2005, seeks to address the concerns of women who are victims of domestic violence. Its objective is to protect and assist women who are victims of domestic violence, whether physical or mental. The DV Act also holds the government accountable for ensuring that aggrieved women receive full legal support. Domestic violence, according to Section 3 of the DV Act, is defined as any act, omission, commission, or conduct that hurts, injures, or endangers the aggrieved person's health, life, limb, safety, or well-being, whether mental or physical.

Reliefs for mental harassment under the DV Act

The DV Act provides the following monetary and non-monetary reliefs to an aggrieved woman under the Act:

• Right to a shared household: Every woman in a domestic relationship has the right to reside in a shared household and the respondent shall not evict or exclude the aggrieved woman from such a shared household (Section 17).

• Protection Order: The Magistrate may pass a protection order in favor of the aggrieved person if they are “ prima facie satisfied” that domestic violence has happened or can happen after hearing both parties (Section 18).

• Monetary relief: A Magistrate, while disposing of any domestic violence application, may direct the respondent to provide monetary relief to the aggrieved person to meet the expenses or losses incurred by the aggrieved woman or her children (Section 20).

• Compensation Order: If an aggrieved woman makes an application to the Magistrate, the Magistrate may direct the respondent to pay compensation to the aggrieved person. Such compensation or damages can be paid for injuries, and include mental torture and mental distress (Section 22).

How to file a mental harassment complaint against the husband or in-laws?

A complaint of mental harassment can be filed in the following manner:

1. An aggrieved person may file an FIR under the below-mentioned relevant provisions of the IPC, 1860.

2. An application of complaint can be presented to the Magistrate under Section 12 of the DV Act, 2005. Any other person can also file this complaint on behalf of the aggrieved person and seek the relief provided under the Act.

Mental harassment complaints about cybercrime

In the world of the internet, crimes, too, have shifted online. Cybercrime may include cyberbullying, cyber theft, cyber stalking, cyber defamation, cyber fraud, phishing, or hacking. Most of these crimes, since committed online, either result in monetary loss, mental harassment, or, in the case of defamation, may affect the reputation of the victim adversely.

How to file an online mental harassment complaint?

An aggrieved person may file a mental harassment complaint online in the following manner:

1. A cybercrime complaint can be filed with any cyber cell in India.

2. In case a cyber cell is not available in the area, an FIR with the local police can be registered.

3. An online cybercrime complaint can be filed at https://cyber crime.gov.in/Accept.aspx

Mental harassment complaint by a disabled person

The Rights of Persons with Disabilities Act, 2016 is a recent legislative development. It came into force on April 19, 2017, and the Rules were notified on June 15, 2017. The Act replaces the Persons with Disabilities (Equal Opportunity Protection of Rights and Full Participation) Act, 1995. It implements India's obligations under the United Nations Convention on the Rights of Persons with Disabilities, which was ratified in 2007.

How can a disabled person file a mental harassment complaint?

Under Section 92(a) of the Act, intentionally insulting or intimidating a person with a disability to humiliate them in any place within the public view is an offense. Offenses under the Act are punishable with imprisonment for a term, which shall not be less than six months but which may extend to five years, and with a fine. Under Section 84 of the Act, the State Governments, after consultation with the Chief Justice of the respective High Court, are empowered to establish Special Court to speedily try offenses under this Act. A person with a disability who has been subjected to mental harassment can file an FIR at the local police station against the person who has committed any offense listed under Section 92 of the Act.

Why do you need a lawyer?

Mental harassment can severely affect a person's mental health. It is usually neglected as it is not evident physically, or, in other words, does not take a physical form. This is also why a person subjected to mental harassment is wary of coming forward with their complaint or FIR. It is significant that such issues are addressed promptly to ensure the best relief for the aggrieved person. In such cases, it is advised that the services of an expert criminal lawyer are engaged at the earliest. Laws governing various instances of mental harassment are new and complicated and cannot be navigated without the help of a good criminal lawyer. Therefore, the expertise of a criminal lawyer will surely bring you the best results and address your concerns completely.

Advocate Chikirsha Mohanty

4.0 | 2+ user ratings Greater Kailash - 1, Delhi
5 years

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