Laws Related to Mental Harassment in India

The term ‘Harassment’ is a form of discrimination. It includes any unwanted physical or verbal behavior that offends or humiliates you. It covers a wide range of behaviors of an offensive nature. It is commonly understood as behavior that demeans, humiliates, or embarrasses a person, and it is characteristically identified by its unlikelihood in terms of social and moral reasonableness. Such behavior affects the physical and mental well-being of a person.

In the legal sense, these are behaviors that appear to be disturbing, upsetting, or threatening. They evolve from discriminatory grounds and have the effect of nullifying or impairing a person from taking benefit of their rights. When these behaviors become repetitive, they can also be construed as bullying in common parlance. The continuity of repetitiveness and the distressing, alarming, or threatening nature may distinguish it from a mere insult or admonishment.

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What is Mental or Psychological Harassment?

Psychological harassment comes under detrimental or hostile conduct by one or more individuals directly or indirectly towards a third person. This is conduct that occurs frequently and over a long period which defames an individual or excludes them from work.

It refers to a conjunction of incidents that when considered individually may appear harmless. However, their continuous repetition has a destructive and impairing effect on the victim.

What are the Laws that Govern Mental Harassment in India?

Certain rights are inalienable from a human being and are guaranteed by birth. The Protection of Human Rights Act, 1993 defines human rights as the rights related to the life, liberty, equality, and dignity of the individual which are guaranteed by the Constitution or embodied in various International Covenants which are enforceable in the Courts in India. The right to live with dignity forms a part of human rights and any form of harassment amounts to a breach of the right to live with dignity.

Below are a few Indian laws which deal with various forms of Harassment:

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

This was the first legislation enacted to protect women from being sexually harassed at the workplace. The legislation has defined the term sexual harassment under section 2 and gives an inclusive definition stating that sexual harassment includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely:

Physical contact and advances; or
A demand or request for a sexual favour; or
Making sexually coloured remarks; or
Showing pornography; or
Any other unwelcome physical, verbal or non-verbal conduct of sexual nature;
The law mandates certain practices which workplaces ought to follow to prevent sexual harassment and mechanisms which need to be created for the redressal of complaints.

Consult: T op Criminal Lawyers in India

2. IPC For Mental Harassment

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 Sections pertaining to mental harassment in IPC are as follows: –

A. Section 294: Obscene acts and songs:
Whoever, to the annoyance of others
a., does any obscene act in any public place or
b. sings, recites, or utters any obscene song, ballad, or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.

B. Section 354: Assault or criminal force to woman with intent to outrage her modesty.-
Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with a fine, or with both.

C. Section 354A: Sexual harassment and punishment for sexual harassment.
1. A man committing any of the following acts-

Physical contact and advances involving unwelcome and explicit sexual overtures; or
A demand or request for sexual favours; or
Showing pornography against the will of a woman; or
Making sexually coloured remarks shall be guilty of the offense of sexual harassment.

2. Any man who commits the offense specified in clause (i) or clause (ii) or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with a fine, or with both.

3. Any man who commits the offense specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either description for a term which may extend to one year, with fine, or with both.

D. Section 498A: Husband or relative of husband of a woman subjecting her to cruelty – Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation —For this section, “cruelty” means—
Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb, or health (whether mental or physical) of the woman; or
harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

E. Section 509: Word, gesture or act intended to insult the modesty of a woman.—Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

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3. Information Technology Act, 2000

This law aims to give legal recognition to online transactions and also deals with various acts and offenses which may be committed online:

Section 67: Punishment for publishing or transmitting obscene material in electronic form.-Whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years and with fine which may extend to five lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.

Section 67A: Punishment for publishing or transmitting material containing the sexually explicit act, etc., in electronic form.– Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with a fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.

Important case law on Mental Harassment

One of the important case laws on mental harassment in India is the Indra Sarma v. V.K.V. Sarma case, which was decided by the Supreme Court of India in 2013. In this case, the court recognized that mental cruelty could be grounds for divorce under the Hindu Marriage Act, 1955.

The court held that mental cruelty was a form of matrimonial cruelty, which could cause significant harm to the mental health and well-being of the spouse. The court also emphasized that the definition of mental cruelty was broad and that the determination of what constitutes mental cruelty would depend on the facts and circumstances of each case.

The court provided some examples of conduct that could constitute mental cruelty, such as constant verbal abuse, false accusations of infidelity, withholding of affection, and refusal to communicate. The court also held that the cumulative effect of a series of acts could amount to mental cruelty, even if each act by itself may not be sufficient.

The Indra Sarma v. V.K.V. Sarma case has been significant in recognizing mental cruelty as grounds for divorce and providing some guidance on what constitutes mental cruelty. It has also been influential in shaping the legal framework for addressing mental harassment in India.
However, it is important to note that mental harassment can also be addressed under other laws in India, such as the Indian Penal Code, the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, and the Protection of Women from Domestic Violence Act, among others.

Important case law on Sexual Harassment

The most important case law on sexual harassment in India is the Vishaka v. State of Rajasthan case. In this landmark case, the Supreme Court of India recognized sexual harassment in the workplace as a violation of a woman's fundamental right to equality and dignity under Articles 14, 15, and 21 of the Indian Constitution. The Court also formulated guidelines, known as the Vishaka Guidelines, to prevent and redress sexual harassment in the workplace until legislation was enacted.

These guidelines have been instrumental in shaping the legal framework for addressing sexual harassment in India. The guidelines include the following:

Definition of sexual harassment: The guidelines define sexual harassment as any unwelcome sexually determined behaviour, such as physical contact and advances, demand or request for sexual favours, sexually coloured remarks, showing pornography, or any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.
Responsibility of employers: Employers are responsible for preventing sexual harassment and providing a safe working environment for women. Employers must also develop and implement a policy against sexual harassment, provide training to employees on prevention, and establish a complaints committee to receive and address complaints of sexual harassment.
Complaints Committee: Employers must establish a complaints committee to receive complaints of sexual harassment. The committee must consist of at least one woman employee, a member of a women's organization, and an official from the employer's human resources department. The committee must complete the investigation within 90 days and submit a report to the employer, who must take appropriate action.
Right to complain: Women who have been sexually harassed have the right to file a complaint either with the employer's internal complaints committee or the local complaints committee established by the government. The complaints committee must maintain confidentiality and protect the complainant from retaliation.
Remedies: Remedies for sexual harassment include warning, reprimand, transfer, suspension, termination, or any other action that the employer deems appropriate. The complainant may also file a criminal complaint or a civil suit for damages.

The Vishaka Guidelines have been instrumental in shaping the legal framework for addressing sexual harassment in India. In 2013, the Indian government enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, which codifies the Vishaka Guidelines and provides a legal framework for addressing sexual harassment in the workplace.

What is Mental Harassment in Marriage?

Mental Harassment in marriage is the same as mental harassment in general. However, when we refer to mental harassment in marriage, it is the psychological harassment caused by the spouse or the in-laws. There are various laws that deal with mental Harassment caused in a marriage, such as Sections 354, 354A, 498A, and 509 of the Indian Penal Code as mentioned above.

Apart from the above-mentioned IPC sections, there are specific acts such as the Protection of Women from Domestic Violence Act, 2005, and the Dowry Prohibition Act, 1961 that deal with harassment caused in a marriage. These acts help women fight for their rights and support the feminine fraternity to steer a cheerful, peaceful, and equal life within society. These laws have been elaborated below for a better understanding:

1. The Protection of Women from Domestic Violence Act, 2005:
The Protection of Women from Domestic Violence Act 2005, helps women who are a victim of domestic violence of any kind. This act is a legal medium using which they can take action against the person.

Once a woman initiates a legal action under the provisions of this act, she shall receive protection from any reoccurrence until the case goes to trial.

2. Dowry Prohibition Act, 1961:
To break the norms of the century-old practice, the enactment of the Dowry Prohibition Act 1961of prevents demanding and accepting dowry from a woman’s family.

Consult: T op Criminal Lawyers in India

How to Prove Mental Harassment by Husband?

Marriages are considered to be a sacred bond and are held in very high regard in Indian society. It’s quite common that many married women face harassment by their husbands or in-laws.
Indian judicial system has very strict laws against this abuse and harassment and this is very important in safeguarding women in Indian society.
The following also belong in the category of harassment by husband or in-laws except for mental harassment:

Behaviour or acts which instigate women towards suicide.
Any act of husband or in-laws which causes the women grave and critical injury.
Demanding dowry from the parents of the women certainly amounts to harassment.
Any act defines as harassment as per Indian law.

To prove Mental Harassment by a husband one should prove the following:

Any physical violence of any severity is termed as cruelty and is enough to start legal action.
Any verbal abuse in terms of taunt, words, language, etc that are intended to cause mental torture.
Abstaining a woman from talking to or meeting her family.
Not letting the women see their children.
Intentionally denying the food for a long time and at intervals.
Sexual intercourse without her consent.
Unnatural sex.
Limiting social interaction.
Cruelty towards her children.
Threatening with divorce for illegal, immoral, or unreasonable demands.

Mental Harassment by in-laws

There are a number of means and ways through which a woman can be harassed by her in-laws. The harassment may be either by her husband or her mother-in-law or by any other in-laws. A woman can be harassed by:

Any conduct of the in-laws which forces a woman to commit suicide
Any conduct that would cause grave injury to a woman includes domestic violence
Any conduct or demand of her in-laws either to her or to her parents or relatives regarding any property which is under the possession of her family (dowry demands)
Any conduct or demand of her in-laws regarding any amount of money as dowry either from her or from her parents or any relative
Any act which would amount to cruelty under the Indian Laws

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Mental Harassment by Wife

There seems to be a strong notion in society that men are always abusers and women are always the victim. However, there are many cases where men are subjected to torture by their spouses as well. Expressing views on cruelty, the Supreme Court in Samar Ghosh vs. Jaya Ghosh, (2007) 4 SCC 511, said, “We have come to a definite conclusion that there cannot be any comprehensive definition of the concept of “mental cruelty”, within which all kinds of cases of mental cruelty can be covered. No court in our considered view should even attempt to give a comprehensive definition of mental cruelty.”

So, the first thing one needs to do is to identify whether you are becoming a victim of cruelty or not. If your wife is doing any of the below-mentioned acts, then you are a victim of cruelty –

Physical attacks on you.
Continuous rage, anger, screaming or yelling at you.
Constant belittling or criticizing your abilities, employment, or looks.
Publicly flaunting an affair or adulterous relationship.
Falsely accusing you of committing adultery
Failing to tell you about an acquired sexually transmitted disease, while continuing to maintain sexual relations with you.
Making it a ritual to stay away from the marital residence without any valid explanation.

Mental Harassment at Workplace

Workplace harassment, especially against women employees, occurs with great frequency worldwide. Studies suggest that as many as 50% of women experience workplace harassment during their employment, but only some women report it.

There are many classifications that fall under the cognizance of harassment at the workplace against women employees. The women employees suffer humiliation and defamation under such actions.

The majority of people believe in the typical notion that harassment at the office can only be of sexual nature. But this is not the case generally various workplace harassment can be classified as below:

Harassment is based on the grounds of age.
Harassment on the grounds of disability.
Defamation - To demean and libel is to damage the reputation or image of an individual.
Discrimination on the grounds of caste.
Harassment on the grounds of Sexual Orientation and Marital Status.
Harassment on the grounds of Race, Sex, Religion, and National Origin.

Mental Harassment by Neighbour

India is a densely populated country. As a lot of people stay in flats or live in duplexes sharing common walls, at times, it happens that maintaining a quite decent relationship with your neighbour may not be possible. The issue may be late-night sound, construction of a common wall, trespassing, etc. In case you face harassment of any nature including the ones mentioned above, you can take resort to the following laws:

You may be living in an apartment or in a duplex, and often it happens, when you hear loud music sound from the neighbour’s house, you try to ignore that sound for as long as possible but sometimes, such noise may make life difficult. This type of nuisance is defined in Section 268 of the Indian Penal Act. Section 268 of the Indian Penal Code defines nuisance as when the person is guilty of a public nuisance when he does any act which causes injury, danger, or annoyance to the public or the people in general who live or occupy the property in the neighbourhood.
If your neighbour starts construction on that common wall you do not have the right to stop him from constructing because it is his legal right but if during the construction work your property gets damaged, you can ask him to compensate for the loss suffered by you but if your neighbour refuses to pay you the amount then you can file a case under Section 425 of IPC which states that whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits mischief. You can file a suit for declaration and mandatory injunction in a civil court as well. You can also claim damages in the same suit.
If you live in an apartment and park your vehicle in the parking allotted to you but you notice someday that the place which has been allotted to you is been occupied by some other person then, you will simply ask the person to vacate the parking space occupied by him but if he/she refuses to do that, after being told or warned many times, will amount to criminal trespass under Section 441 of the Indian Penal Code.

Consult: T op Criminal Lawyers in India

Mental Harassment of a Senior Citizen

There is no specific law to protect Senior Citizens from Harassment but if the allegations are proven to be false, the person can file suit for defamation or damages. For any Physical harassment, the Indian Penal Code would be applicable.

What to do when a senior citizen is abused?
You can take the following steps when you see an elder getting abused:

Report it to the jurisdictional police station: The very first step to make the jurisdictional police aware of the abuse is by filing a written complaint. Those who cannot write are required to verbally inform the station house officers who can pen it down for them and get their thumb impression. Oral complaints are not adequate as they can lead to confusion in the future.
File a First Investigation Report (FIR) in case of an admissible offense, assault, or injury: In case a senior is hurt and reports an admissible offense, an assault, or an injury to the police station, the cops must register an FIR and investigate whether the report is genuine and gauge the intensity of the complaint.
Obtain a wound certificate from a government hospital: Once the cops investigate and find the complaint to be genuine, they must take the senior to a government hospital for a medical examination. Following this, the abused senior citizen will be provided with a wound certificate, based on which the cops will file a charge sheet against the accused. The case will thereby go on to the magistrate court or others and the legal discourse will be followed.
Approach the helplines: The seniors may also use the Elders Helpline in their respective cities and seek help from the coordinators to file a petition to report abuse. The counsellors first listen to the case to see if it is genuine. When found true, a written complaint is registered by the Helpline, and a notice is sent to the perpetrator through the police. Following this, the Helpline tries to create a platform of dialogue between the two parties to resolve the dispute amicably. For property-related abuse, the legal experts at the Helpline advise them towards a settlement.

How to file a Complaint for Mental Harassment?

There is no specific procedure provided in any law to deal with mental harassment in the workplace. Since mental harassment has been categorized in various forms under Indian law, the action to be taken shall be in accordance with the particular kind of harassment the victim has faced. The same has been discussed below:

Termination from Work: If the person has been wronged professionally and has been terminated from the services without any reason or cogent evidence, the relief that the person can get from the court is related to re-instating of his services and allowing wages to be given back date.
Violent Behaviour: If the person has been subjected to violence as a consequence of mental harassment or feels that his or her peace has been hampered or bodily injury, a Complaint or an FIR can be registered and a criminal case shall be registered against the employer followed with sentencing.
Late Wages or No Wages: Mental Harassment in form of late wages, no wages, or even equal pay for equal work can be claimed. Redressal in such cases can be granted by Labour Court if the victim approaches the Labour Court under the Industrial Disputes Act, 1947, or the Payment of Wages Act, 1936.

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A person with Disabilities or another form of Discrimination: Mental Harassment is a huge umbrella and can also be claimed by pregnant women and persons with disabilities. In such cases, a remedy is provided under Maternity Benefits Act, 1961 which protects pregnant women from discrimination. Further, the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act,1995 protects people with disabilities from discrimination.
Sexual Harassment: Gender discrimination and sexual harassment at work workplace are one of the most common forms of harassment faced especially by women in the workplace. India has legal provisions under the IPC and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 which provide remedies for victims and also impose obligations on organizations to ensure a safe working environment for women.

How can a lawyer help you?

One of the first and most important steps you should start with is to hire a good criminal lawyer , as he is aware of the legal processes and nitty-gritty involved in the criminal case. A criminal lawyer has the legal knowledge and experience necessary to handle and draft necessary documents related to the offense. He will be able to guide you and draft relevant documentation for you according to your special circumstances and facts, and the necessary things to be involved. A criminal lawyer is aware of good legal techniques. Hiring a lawyer will help you in more ways than one. You can also ask a lawyer online a free legal question using LawRato's Ask a Free Question service.

The term ‘Harassment’ is a form of discrimination. It includes any unwanted physical or verbal behavior that offends or humiliates you. It covers a wide range of behaviors of an offensive nature. It is commonly understood as behavior that demeans, humiliates, or embarrasses a person, and it is characteristically identified by its unlikelihood in terms of social and moral reasonableness. Such behavior affects the physical and mental well-being of a person.

In the legal sense, these are behaviors that appear to be disturbing, upsetting, or threatening. They evolve from discriminatory grounds and have the effect of nullifying or impairing a person from taking benefit of their rights. When these behaviors become repetitive, they can also be construed as bullying in common parlance. The continuity of repetitiveness and the distressing, alarming, or threatening nature may distinguish it from a mere insult or admonishment.

Connect with an expert lawyer for your legal issue

What is Mental or Psychological Harassment?

Psychological harassment comes under detrimental or hostile conduct by one or more individuals directly or indirectly towards a third person. This is conduct that occurs frequently and over a long period which defames an individual or excludes them from work.

It refers to a conjunction of incidents that when considered individually may appear harmless. However, their continuous repetition has a destructive and impairing effect on the victim.

What are the Laws that Govern Mental Harassmentin India?

Certain rights are inalienable from a human being and are guaranteed by birth. The Protection of Human Rights Act, 1993 defines human rights as the rights related to the life, liberty, equality, and dignity of the individual which are guaranteed by the Constitution or embodied in various International Covenants which are enforceable in the Courts in India. The right to live with dignity forms a part of human rights and any form of harassment amounts to a breach of the right to live with dignity.

Below are a few Indian laws which deal with various forms of Harassment:

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

This was the first legislation enacted to protect women from being sexually harassed at the workplace. The legislation has defined the term sexual harassment under section 2 and gives an inclusive definition stating that sexual harassment includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely:

Physical contact and advances; or
A demand or request for a sexual favour; or
Making sexually coloured remarks; or
Showing pornography; or
Any other unwelcome physical, verbal or non-verbal conduct of sexual nature;
The law mandates certain practices which workplaces ought to follow to prevent sexual harassment and mechanisms which need to be created for the redressal of complaints.

Consult:T op Criminal Lawyers in India

2.IPC For Mental Harassment

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 Sections pertaining to mental harassment in IPC are as follows: –

A. Section 294: Obscene acts and songs:
Whoever, to the annoyance of others
a., does any obscene act in any public place or
b. sings, recites, or utters any obscene song, ballad, or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.

B. Section 354: Assault or criminal force to woman with intent to outrage her modesty.-
Whoever assaults or uses criminal force toany woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with a fine, or with both.

C. Section 354A: Sexual harassment and punishment for sexual harassment.
1. A man committing any of the following acts-

Physical contact and advances involving unwelcome and explicit sexual overtures; or
A demand or request for sexual favours; or
Showing pornography against the will of a woman; or
Making sexually coloured remarks shall be guilty of the offense of sexual harassment.

2. Any man who commits the offense specified in clause (i) or clause (ii) or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with a fine, or with both.

3. Any man who commits the offense specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either description for a term which may extend to one year, with fine, or with both.

D. Section 498A: Husband or relative of husband of a woman subjecting her to cruelty – Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation —For this section, “cruelty” means—
Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb, or health (whether mental or physical) of the woman; or
harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

E. Section 509: Word, gesture or act intended to insult the modesty of a woman.—Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

Connect with an expert lawyer for your legal issue

3.Information Technology Act, 2000

This law aims to give legal recognition to online transactions and also deals with various acts and offenses which may be committed online:

Section 67: Punishment for publishing or transmitting obscene material in electronic form.-Whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years and with fine which may extend to five lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.

Section 67A: Punishment for publishing or transmitting material containing the sexually explicit act, etc., in electronic form.– Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with a fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.

Important case law on Mental Harassment

One of the important case laws on mental harassment in India is the Indra Sarma v. V.K.V. Sarma case, which was decided by the Supreme Court of India in 2013. In this case, the court recognized that mental crueltycould be grounds for divorceunder the Hindu Marriage Act, 1955.

The court held that mental cruelty was a form of matrimonial cruelty, which could cause significant harm to the mental health and well-being of the spouse. The court also emphasized that the definition of mental cruelty was broad and that the determination of what constitutes mental cruelty would depend on the facts and circumstances of each case.

The court provided some examples of conduct that could constitute mental cruelty, such as constant verbal abuse, false accusations of infidelity, withholding of affection, and refusal to communicate. The court also held that the cumulative effect of a series of acts could amount to mental cruelty, even if each act by itself may not be sufficient.

The Indra Sarma v.V.K.V. Sarma case has been significant in recognizing mental cruelty as grounds for divorce and providing some guidance on what constitutes mental cruelty. It has also been influential in shaping the legal framework for addressing mental harassment in India.
However, it is important to note that mental harassment can also be addressed under other laws in India, such as the Indian Penal Code, the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, and the Protection of Women from Domestic Violence Act, among others.

Important case law on Sexual Harassment

The most important case law on sexual harassment in India is the Vishaka v. State of Rajasthan case. In this landmark case, the Supreme Court of India recognized sexual harassment in the workplace as a violation of a woman's fundamental right to equality and dignity under Articles 14, 15, and 21 of the Indian Constitution. The Court also formulated guidelines, known as the Vishaka Guidelines, to prevent and redress sexual harassment in the workplace until legislation was enacted.

These guidelines have been instrumental in shaping the legal framework for addressing sexual harassment in India. The guidelines include the following:

Definition of sexual harassment: The guidelines define sexual harassment as any unwelcome sexually determined behaviour, such as physical contact and advances, demand or request for sexual favours, sexually coloured remarks, showing pornography, or any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.
Responsibility of employers: Employers are responsible for preventing sexual harassment and providing a safe working environment for women. Employers must also develop and implement a policy against sexual harassment, provide training to employees on prevention, and establish a complaints committee to receive and address complaints of sexual harassment.
Complaints Committee: Employers must establish a complaints committee to receive complaints of sexual harassment. The committee must consist of at least one woman employee, a member of a women's organization, and an official from the employer's human resources department. The committee must complete the investigation within 90 days and submit a report to the employer, who must take appropriate action.
Right to complain: Women who have been sexually harassed have the right to file a complaint either with the employer's internal complaints committee or the local complaints committee established by the government. The complaints committee must maintain confidentiality and protect the complainant from retaliation.
Remedies: Remedies for sexual harassment include warning, reprimand, transfer, suspension, termination, or any other action that the employer deems appropriate. The complainant may also file a criminal complaint or a civil suit for damages.

The Vishaka Guidelines have been instrumental in shaping the legal framework for addressing sexual harassment in India. In 2013, the Indian government enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, which codifies the Vishaka Guidelines and provides a legal framework for addressing sexual harassment in the workplace.

What is Mental Harassment in Marriage?

Mental Harassment in marriage is the same as mental harassment in general. However, when we refer to mental harassment in marriage, it is the psychological harassment caused by the spouse or the in-laws. There are various laws that deal with mental Harassment caused in a marriage, such as Sections 354, 354A, 498A, and 509 of the Indian Penal Code as mentioned above.

Apart from the above-mentioned IPC sections, there are specific acts such as the Protection of Women from Domestic Violence Act, 2005, and the Dowry Prohibition Act, 1961 that deal with harassment caused in a marriage. These acts help women fight for their rights and support the feminine fraternity to steer a cheerful, peaceful, and equal life within society. These laws have been elaborated below for a better understanding:

1. The Protection of Women from Domestic Violence Act, 2005:
The Protection of Women from Domestic Violence Act 2005, helps women who are a victim of domestic violence of any kind. This act is a legal medium using which they can take action against the person.

Once a woman initiates a legal action under the provisions of this act, she shall receive protection from any reoccurrence until the case goes to trial.

2. Dowry Prohibition Act, 1961:
To break the norms of the century-old practice, the enactment of the Dowry Prohibition Act 1961of prevents demanding and accepting dowry from a woman’s family.

Consult:T op Criminal Lawyers in India

How to Prove Mental Harassment by Husband?

Marriages are considered to be a sacred bond and are held in very high regard in Indian society. It’s quite common that many married women face harassment by their husbands or in-laws.
Indian judicial system has very strict laws against this abuse and harassment and this is very important in safeguarding women in Indian society.
The following also belong in the category of harassment by husband or in-laws except for mental harassment:

Behaviour or acts which instigate women towards suicide.
Any act of husband or in-laws which causes the women grave and critical injury.
Demanding dowry from the parents of the women certainly amounts to harassment.
Any act defines as harassment as per Indian law.

To prove Mental Harassment by a husband one should prove the following:

Any physical violence of any severity is termed as cruelty and is enough to start legal action.
Any verbal abuse in terms of taunt, words, language, etc that are intended to cause mental torture.
Abstaining a woman from talking to or meeting her family.
Not letting the women see their children.
Intentionally denying the food for a long time and at intervals.
Sexual intercourse without her consent.
Unnatural sex.
Limiting social interaction.
Cruelty towards her children.
Threatening with divorce for illegal, immoral, or unreasonable demands.

Mental Harassment by in-laws

There are a number of means and ways through which a woman can be harassed by her in-laws. The harassment may be either by her husband or her mother-in-law or by any other in-laws. A woman can be harassed by:

Any conduct of the in-laws which forces a woman to commit suicide
Any conduct that would cause grave injury to a woman includes domestic violence
Any conduct or demand of her in-laws either to her or to her parents or relatives regarding any property which is under the possession of her family (dowry demands)
Any conduct or demand of her in-laws regarding any amount of money as dowry either from her or from her parents or any relative
Any act which would amount to cruelty under the Indian Laws

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Mental Harassment by Wife

There seems to be a strong notion in society that men are always abusers and women are always the victim. However, there are many cases where men are subjected to torture by their spouses as well. Expressing views on cruelty, the Supreme Court in Samar Ghosh vs. Jaya Ghosh, (2007) 4 SCC 511, said, “We have come to a definite conclusion that there cannot be any comprehensive definition of the concept of “mental cruelty”, within which all kinds of cases of mental cruelty can be covered. No court in our considered view should even attempt to give a comprehensive definition of mental cruelty.”

So, the first thing one needs to do is to identify whether you are becoming a victim of cruelty or not. If your wife is doing any of the below-mentioned acts, then you are a victim of cruelty –

Physical attacks on you.
Continuous rage, anger, screaming or yelling at you.
Constant belittling or criticizing your abilities, employment, or looks.
Publicly flaunting an affair or adulterous relationship.
Falsely accusing you of committing adultery
Failing to tell you about an acquired sexually transmitted disease, while continuing to maintain sexual relations with you.
Making it a ritual to stay away from the marital residence without any valid explanation.

Mental Harassment at Workplace

Workplace harassment, especially against women employees, occurs with great frequency worldwide. Studies suggest that as many as 50% of women experience workplace harassment during their employment, but only some women report it.

There are many classifications that fall under the cognizance of harassment at the workplace against women employees. The women employees suffer humiliation and defamation under such actions.

The majority of people believe in the typical notion that harassment at the office can only be of sexual nature. But this is not the case generally various workplace harassment can be classified as below:

Harassment is based on the grounds of age.
Harassment on the grounds of disability.
Defamation -To demean and libel is to damage the reputation or image of an individual.
Discrimination on the grounds of caste.
Harassment on the grounds of Sexual Orientation and Marital Status.
Harassment on the grounds of Race, Sex, Religion, and National Origin.

Mental Harassment by Neighbour

India is a densely populated country. As a lot of people stay in flats or live in duplexes sharing common walls, at times, it happens that maintaining a quite decent relationship with your neighbour may not be possible. The issue may be late-night sound, construction of a common wall, trespassing, etc. In case you face harassment of any nature including the ones mentioned above, you can take resort to the following laws:

You may be living in an apartment or in a duplex, and often it happens, when you hear loud music sound from the neighbour’s house, you try to ignore that sound for as long as possible but sometimes, such noise may make life difficult. This type of nuisance is defined in Section 268 of the Indian Penal Act. Section 268 of the Indian Penal Code defines nuisance as when the person is guilty of a public nuisance when he does any act which causes injury, danger, or annoyance to the public or the people in general who live or occupy the property in the neighbourhood.
If your neighbour starts construction on that common wall you do not have the right to stop him from constructing because it is his legal right but if during the construction work your property gets damaged, you can ask him to compensate for the loss suffered by you but if your neighbour refuses to pay you the amount then you can file a case under Section 425 of IPC which states that whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits mischief. You can file a suit for declaration and mandatory injunction in a civil court as well. You can also claim damages in the same suit.
If you live in an apartment and park your vehicle in the parking allotted to you but you notice someday that the place which has been allotted to you is been occupied by some other person then, you will simply ask the person to vacate the parking space occupied by him but if he/she refuses to do that, after being told or warned many times, will amount to criminal trespass under Section 441 of the Indian Penal Code.

Consult:T op Criminal Lawyers in India

Mental Harassment of a Senior Citizen

There is no specific law to protect Senior Citizens from Harassment but if the allegations are proven to be false, the person can file suit for defamation or damages. For any Physical harassment, the Indian Penal Code would be applicable.

What to do when a senior citizen is abused?
You can take the following steps when you see an elder getting abused:

Report it to the jurisdictional police station: The very first step to make the jurisdictional police aware of the abuse is by filing a written complaint. Those who cannot write are required to verbally inform the station house officers who can pen it down for them and get their thumb impression. Oral complaints are not adequate as they can lead to confusion in the future.
File a First Investigation Report (FIR) in case of an admissible offense, assault, or injury: In case a senior is hurt and reports an admissible offense, an assault, or an injury to the police station, the cops must register an FIR and investigate whether the report is genuine and gauge the intensity of the complaint.
Obtain a wound certificate from a government hospital: Once the cops investigate and find the complaint to be genuine, they must take the senior to a government hospital for a medical examination. Following this, the abused senior citizen will be provided with a wound certificate, based on which the cops will file a charge sheet against the accused. The case will thereby go on to the magistrate court or others and the legal discourse will be followed.
Approach the helplines: The seniors may also use the Elders Helpline in their respective cities and seek help from the coordinators to file a petition to report abuse. The counsellors first listen to the case to see if it is genuine. When found true, a written complaint is registered by the Helpline, and a notice is sent to the perpetrator through the police. Following this, the Helpline tries to create a platform of dialogue between the two parties to resolve the dispute amicably. For property-related abuse, the legal experts at the Helpline advise them towards a settlement.

How to file a Complaint for Mental Harassment?

There is no specific procedure provided in any law to deal with mental harassment in the workplace. Since mental harassment has been categorized in various forms under Indian law, the action to be taken shall be in accordance with the particular kind of harassment the victim has faced. The same has been discussed below:

Termination from Work: If the person has been wronged professionally and has been terminated from the services without any reason or cogent evidence, the relief that the person can get from the court is related to re-instating of his services and allowing wages to be given back date.
Violent Behaviour: If the person has been subjected to violence as a consequence of mental harassment or feels that his or her peace has been hampered or bodily injury, a Complaint or an FIR can be registered and a criminal case shall be registered against the employer followed with sentencing.
Late Wages or No Wages: Mental Harassment in form of late wages, no wages, or even equal pay for equal work can be claimed. Redressal in such cases can be granted by Labour Court if the victim approaches the Labour Court under the Industrial Disputes Act, 1947, or the Payment of Wages Act, 1936.

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A person with Disabilities or another form of Discrimination: Mental Harassment is a huge umbrella and can also be claimed by pregnant women and persons with disabilities. In such cases, a remedy is provided under Maternity Benefits Act, 1961 which protects pregnant women from discrimination. Further, the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act,1995 protects people with disabilities from discrimination.
Sexual Harassment: Gender discrimination and sexual harassment at work workplace are one of the most common forms of harassment faced especially by women in the workplace. India has legal provisions under the IPC and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 which provide remedies for victims and also impose obligations on organizations to ensure a safe working environment for women.

How can a lawyer help you?

One of the first and most important steps you should start with is to hire a goodcriminal lawyer, as he is aware of the legal processes and nitty-gritty involved in the criminal case. A criminal lawyer has the legal knowledge and experience necessary to handle and draft necessary documents related to the offense. He will be able to guide you and draft relevant documentation for you according to your special circumstances and facts, and the necessary things to be involved. A criminal lawyer is aware of good legal techniques. Hiring a lawyer will help you in more ways than one.You can alsoask a lawyer onlinea free legal question using LawRato's Ask a Free Question service.

Advocate Chikirsha Mohanty

4.0 | 2+ user ratings

Greater Kailash - 1, Delhi

5 years

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These guides are not legal advice, nor a substitute for a lawyer
These articles are provided freely as general guides. While we do our best to make sure these guides are helpful, we do not give any guarantee that they are accurate or appropriate to your situation, or take any responsibility for any loss their use might cause you. Do not rely on information provided here without seeking experienced legal advice first. If in doubt, please always consult a lawyer.

Comments by Users

Amol Kumar
Can a consumer file Mental harassment case if he is suddenly denied to provide the services by provider ?

Reply by LawRato
Whether a case for mental harassment would stand in your case, would depend upon the kind of service that was denied, the communication that followed and the time frame within which the service was to be provided. It is recommended to take the advice of a lawyer who will guide you after understanding the facts and circumstances of your matter in detail. You can consult a lawyer by clicking on the link below:

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Alternatively, you can also send in your detailed query for Free Legal Advice by clicking on the link below:

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DHL
If a college student is being mentally harassed by his professor and uses violence to overcome it what legal method can be used to save the boy and what laws can help in this case

Reply by LawRato
If a college student in India is facing mental harassment by a professor or any other individual, there are legal methods to address the issue without resorting to violence. Here are some steps the student can take:

1. Document the harassment: Keep a detailed record of all incidents of harassment, noting dates, times, locations, and details of what occurred. This documentation can be essential if legal action becomes necessary.

2. Report the harassment: Notify the appropriate authorities within the college or university, such as the principal, head of department, or the institution's anti-harassment committee. They are responsible for handling such matters and may conduct an internal investigation.

3. File a formal complaint: If the internal process does not yield satisfactory results, the student can file a formal complaint with the college's grievance cell or the university's anti-harassment committee.

4. Contact law enforcement: If the harassment involves criminal conduct, the student can approach the local police and file a First Information Report (FIR) to initiate a criminal investigation.

In India, some laws that may be relevant in cases of harassment include:

1. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013: This law addresses sexual harassment of women at the workplace, which can include harassment in educational institutions.

2. Indian Penal Code (IPC): Various sections of the IPC deal with offenses related to harassment, assault, and other forms of harm to a person. If the violence was in self defence, the boy can take that plea under IPC after consulting with the lawyer.

It is important for the student to consult with a criminal lawyer who specializes in such matters to understand the specific legal options available and to navigate the process effectively. Engaging with the legal system in a peaceful and lawful manner will yield better outcomes and protect the student from further legal troubles.

Akash
I would also like to know whether mental harassment case can be proved in court if we don't have any audio/video proofs.

Reply by LawRato
Although it is very important to have evidence to prove your case in the Court, it is not impossible to do so without the audio or video proof. If you have any text messages or emails etc. from the accused, make sure you use that in your case. However, it is recommended that you hire a lawyer who will help you build a strong case and guide you in the right direction, after understanding all the facts and circumstances surrounding tha matter.

You can hire an expert criminal lawyer by clicking on the link below:

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Ashim Rai
Hi, ma'am shall i know if the police with our against and determine and pretending to his family members so, what we do they give a torture us

Reply by LawRato
Since your question is very specific and requires more information in order to guide you better, it is advised that you click on the link below and send in your query for Free Legal Advice.

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Vinesh patadia
Which law can suggest to boss, if he is doing mental harrcement at work place?

Reply by LawRato
Since mental harassment has been categorized in various forms under Indian law, the action to be taken shall be in accordance with the particular kind of harassment the victim has faced ; whether termination or violent behaviour or harassment in terms of wages or sexual harassment. Thus it is important to consult with a lawyer to understand how to approach the specific problem that you are facing. Since your question is very specific and requires more information in order to guide you better, it is advised that you click on the link below and send in your detailed query for Free Legal Advice.

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Samir
Respected Mam, If a woman employee harassment by a individual through harassing to put pressure by putting grevance again again and drop her immage in the public then what should we do

Reply by LawRato
Since your question is very specific and requires more information in order to guide you better, it is advised that you click on the link below and send in your query for Free Legal Advice.

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Uma
Hi mam. My father is an exarmy person and he's harassing me, my sister&my mother for more than 15 yrs Just because he's army person even after complaining at police station didn't worked out.

Reply by LawRato
Since your question is very specific and requires more information in order to guide you better, it is advised that you click on the link below and send in your query for Free Legal Advice.

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Suditi SInha
I was inappropriately touched on my neck by an older man in public while going to get my bus Now he keeps staring at me everytime I return homeCan I file a legal complaint of harassment against him?

Reply by LawRato
This incident of inappropriate touch falls under the offence of sexual harassment under Section 354A of the Indian Penal Code. The provision imposes a punishment of rigorous imprisonment which may extend to three years. Therefore, you can approach the police to register a First Information Report (FIR) for the offence of sexual harassment and seek action against the perpetrator.

Athee
If a person sending letter continuously by post which give mental torture. What is the remedy? And which IPC section lies ?

Reply by LawRato
Since your question is specific and requires more information in order to guide you better, it is advised that you click on the link below and send in your detailed query for Free Legal Advice.

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Alternatively, you can consult a lawyer who will guide you after understanding the facts of your case better. You can hire a lawyer by clicking on the link below:

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Talathoti
Respected Mam, if the employee whether he is govt or private person is harrassing by seniors intentionally like mentally and financial then what to do the legal steps

Reply by LawRato
Harassment can be understood as an unwelcome action of one person causing humiliation to the other one being subjected to such behaviour.
Mental harassment may be in the form of words, actions or gestures which result in annoying, alarming, abusing, demeaning, intimidating, belittling, humiliating or embarrassing another.

A person must report mental harassment at workplace by boss or co- workers as per the organisational rules and regulations. A complaint letter against mental harassment at workplace to the Human Resources department may usually help. You can also approach a corporate lawyers who may assist you legally.
It could be a mental harassment complaint to police in case of a serious offence. If provisions of the Indian Penal Code, 1860 are invoked, police may be involved in the matter.
Complaint against mental harassment at workplace can be made to the labour commissioners in case any rights under the labour laws are infringed.

Arthi
Mental harassment by manager from day one of job and when questioned threatening to terminate from the job.

Reply by LawRato
A person must report mental harassment at workplace by boss or co- workers as per the organizational rules and regulations. A complaint letter against mental harassment at workplace to the Human Resources department may usually help. You can also approach a corporate lawyer who may assist you legally.
It could be a mental harassment complaint to police in case of a serious offence. If provisions of the Indian Penal Code, 1860 are invoked, police may be involved in the matter.
Complaint against mental harassment at workplace can be made to the labor commissioners in case any rights under the labor laws are infringed.

Ravi
My wife wants to become surrogate mother for her sister but I don't want to do this but by force they have taken my wife to the hospital for checking

Reply by LawRato
As per the prevailing law, the process of surrogacy does not mandate procuring consent of the spouse of the intending surrogate mother. Therefore, withholding consent to your wife from becoming a surrogate mother in no manner restricts her rights, which are guided by the requisite parameters in law. However, it is best to consult with a lawyer who may provide an accurate opinion after understanding the complete facts and circumstances of your particular case.

Pradeep Kumar
Respected Mam, if the employee whether he is govt or private person is harrassing by seniors intentionally like mentally and financial then what is IPC Clause .

Reply by LawRato
In general, harassment can be understood as an unwelcome action of one person causing humiliation to the other one being subjected to such behaviour. Mental harassment may be in the form of words, actions or gestures which result in annoying, alarming, abusing, demeaning, intimidating, belittling, humiliating or embarrassing another.

IPC Sections for Mental Harassment at Workplace - There are no direct provisions under the Indian Penal Code, 1860 addressing workplace harassment. But there are other IPC sections which can be invoked by employees if the acts are similar. For example, Section 499 (defamation) punishes for slander or libel through words said or written, gestures, etc. There are provisions of punishing hurt and grievous hurt depending upon the degree of injury caused. Sections 354, 509 specifically deal with the acts that harm the modesty of a woman. Section 504 punishes intentional use of abusive language against another. Section 506 of the Act punishes criminal intimidation.

If in the name of gross deductions, if an employer deducts an unexplained amount from your salary, provisions of Payment of Wages Act, 1936 may be of great help for seeking relief.

Pallavi
Mam can i file complaint against person coming to my house and mentally harassing my mother as she is pregnant

Reply by LawRato
A mental harassment complaint can be filed against any person under various laws including the Indian Penal Code. You may file a complaint under Section 509 (Word, gesture, or act intended to insult the modesty of a woman) of IPC. You can refer to this article and consult a criminal lawyer for your query for a proper advice.

Manthan Rajgor
i m Person with Disabilities how can i take legal action against family member for Mental Harassment and bullying

Reply by LawRato
Any specific procedure to file a complaint against mental harassment has not been provided under any Indian law. Various forms of mental harassment are covered under various relevant laws such as the Sexual Harassment at Workplace Act and the Indian Penal Code. A person with disabilities is protected under the Rights of Persons with Disabilities Act, 2016. Section 92 of the Act lays down a list of offences for which any person who commits atrocities on persons with disabilities may be punished. The punishment imposed is imprisonment for a term not below 6 months and up to 5 years and a fine. You can consult a criminal lawyer for your query.

Soni
A private womam employee intentionally highlight/ targetting by male officials in order to spoil her images, is this comes under mental harassment? Can i complaint to Internal complain Committe ?

Reply by LawRato
A woman employee being targeted by the male employees or officials of the organization is said to be facing mental harassment. The intentional targeting of an employee can lead to mental stress which then affects the mental and physical well-being of the person and also reflects on their work. Since the Prevention of Sexual Harassment Act, 2013 also covers mental harassment, it is advised to approach the Internal Committee of the organization. It is also advised to engage the services of a criminal lawyer for your issue for expert legal assistance.

Sunny
Respected Mam, if the employee whether he is govt or private person is harrassing by seniors intentionally like mentally and financial then what to do the legal steps

Thulasi
Working place harassment