The Right to Equality under Article 14 of the Indian Constitution: The Indian Constitution guarantees the right to equality, and this can be invoked when mental harassment is based on factors like caste, gender, religion, or other discriminatory grounds. Article 14 ensures that all individuals are equal before the law and protects them from any form of discrimination, including mental harassment.
Employees facing mental harassment at the workplace should follow these steps for legal recourse:
Report the harassment to the employer or the Internal Complaints Committee (ICC) if available.
• If the harassment persists or the employer fails to take appropriate action, the victim can file a formal complaint with the ICC.
• If the complaint is not resolved at the workplace, the victim can approach the labour authorities or the police, depending on the nature and severity of the harassment.
• In extreme cases, victims can file a civil suit or criminal complaint as per the relevant sections of the Indian Penal Code.