The mental trauma public humiliation can generate is unimaginable. There have been umpteen cases of suicides and self harm after humiliation.
The above mentioned comes under the purview of mental harrasment. Mental harrasment can be in form of words, actions or gestures which in turn result in annoying, alarming, abusing, demeaning, intimidating, belittling, humiliating or embarassing another. Given below are some of the examples of the same:
1. Remarks over sex, caste, creed, race, disability etc.
2. Comments over age of the employees.
3. Not recognising or disregarding someone over work efforts.
4. Bring targeted for no reason.
5. Hostile workplace environment
6. Intentionally secluding someone
REMEDY AVAILABLE
Any company or established has certain to follow certain statutory compliances which usually involves timely wages, genuine work hours, bonuses, insurance etc. Apart from this Article 14, 15, 19, 21, 39A of The Constitution of India, garuntee certain rights upholding the dignity of an individual.
Though, the Indian Penal Code lack direct provisions for workplace harrasment, certain sections can be invoked if the employees feel violated. They are:
1. Section 499 pertaining to Defamation.
2. Section 504 punishes for intentional use of abusive language against another.
3. Section 506 punishes criminal intimidation.
LANDMARK JUDGEMENT
In case of Consumer Education and Research Center v. Union of India, the hon’ble Supreme Court held that “Right to Life includes protection of the health and strength of the worker is a minimum requirement to enable a person to live with human dignity.”
REDRESSAL
The employee can seek redressal from the Humar Resources department of the organisation. The complaint filed should include a detailed description of the entire happening. A lawyer can b employed to assist through the process efficiently.