Legal Analysis of Mental Harassment:

Legal Analysis of Mental Harassment :

In this update we shall analyze the legal position with respect to the issue of Mental Harassment. Before we elaborate further, one must understand that mental harassment is co- related to other forms of harassment as categorized hereinabove, hence a person who is a victim of any other form of harassment can also claim to be a victim of mental harassment at the same time.
The term ‘ Harassment ’ is a form of discrimination. It includes any unwanted physical or verbal behaviour that offends or humiliates you. It covers a wide range of behaviours of an offensive nature. It is commonly understood as behaviour that demeans, humiliates or embarrasses a person, and it is characteristically identified by its unlikelihood in terms of social and moral reasonableness. Such behaviour 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 an effect of nullifying or impairing a person from taking benefits 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.

Legal Analysis of Mental Harassment : 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. 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 few Indian laws which deal with various forms of Harassment:

Categorisation of Harassment : Harassment can take many forms and some of the most common types of harassment are 

1. Mental Harassment 

2.Physical Harassment 

3.Discriminatory Harassment 

4.Sexual Harassment 

5.Harassment based on race, gender or religion 

6. Emotional or Psychological Harassment 

7.Cyberbullying साइबर - धमकी or Online Harassment.

1.The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.This was the first legislation enacted to protect the 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: