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Legal case for mental harassment in India

Legal case for mental harassment in India

When one or more people act hostilely or detrimentally towards a third party, either directly or indirectly, it is considered psychological harassment. This kind of behavior degrades a person or keeps them out of the workforce when it persists over an extended length of time. It describes a series of events that, taken alone, could seem insignificant. However, the sufferer has detrimental and debilitating effects from their constant repetition.

Originally, it was thought that this type of harassment occurred in unhappy relationships, but times have changed. IPC Section 498 allows women to defend themselves against abuse as a legitimate reason for divorce. Anyone in life could subject someone else to mental abuse, torture, or harassment.

Women are impacted even in the workplace, as seen by cases in which an employer or employee is judged to have harassed a woman sexually or mentally. We may also observe the large number of celebrities who openly shared their #MeToo experiences and challenges. Based on various case studies, cruelty consistently ranks as the most common reason for divorce in India, followed by infidelity. However, the law that governs the mental torture of married couples in India is Section 498 of the IPC Act. Fight against injustice and stop tolerating mental agony by being silent about it.

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Sorting and Classifying Harassment

While harassment can take many different forms, the following are some common ones:

  • Mental Abuse
  • Harassment in Person
  • Discriminating in Your Behaviour
  • Sexual Abuse
  • Psychological or Emotional Abuse
  • Harassment on the grounds of gender, race, or religion
  • Harassment online or through the internet
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Which Legal Procedures Can Be Started For Harassment?

Strict rules have been established by the Indian Penal Code to prohibit harassment of married women. The legal ramifications of such abuse and harassment are detailed in the sections that follow. If a woman is the victim of similar behavior, she has the right to file a lawsuit.

IPC Section 498A

This section addresses situations in which a married woman’s spouse or in-laws subject her to physical or psychological abuse. Penalties for the offenses include a maximum three-year prison sentence as well as a fine. In the same way, there is no compounding or bail for the offense committed.

IPC Section 304B

Dowry death is the phrase used to describe the death of a married woman within seven years of marriage if it can be proven that the woman was physically harassed by her husband or in-laws for any reason, including refusing to pay the dowry or not paying it at all. For the aforementioned offenses, the maximum sentence is seven years in jail, with the possibility of life in prison in extreme circumstances.

IPC Section 509

This provision of the Indian penal code aims to punish anyone who knowingly attempts to denigrate the virtues of women through any such conduct. The punishment is three years in prison. It is a compoundable, cognizable, and bailable offense.

The Act of 2005 that Protects Women from Domestic Violence

Women who are victims of domestic abuse of any form can receive assistance from the Protection of Women from Domestic Violence Act of 2005. They can initiate legal action against the person using this act. A woman who files a lawsuit by this act’s terms will be shielded from future incidents until the case is tried.

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Act of 1961 Prohibiting Dowry

With the passage of the Dowry Prohibition Act of 1961, it became illegal to demand or accept dowry from a woman’s family, defying a century-old custom.

Worldwide, workplace harassment is a common occurrence, particularly directed at female employees. According to studies, up to 50% of women may have experienced harassment at work at some point in their careers, yet few of them disclose it. The term “workplace harassment” refers to a wide range of practices that target female employees. Under such circumstances, female employees experience defamation and humiliation. Most people have the conventional belief that harassment at work can only be sexual.

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