Mental harassment, often overlooked or underestimated, is an issue affecting individuals in various aspects of their lives. It goes beyond conventional notions of abuse, extending its reach to homes, workplaces, and social circles. This article will focus on the definition of mental harassment, its forms, and the legal remedies available under Bharatiya Nyaya Sanhita, 2023 (BNS), with a focus on both domestic and workplace scenarios.
Mental harassment or emotional abuse includes non-physical behaviors that exert control, instill fear, or degrade an individual. It includes a range of actions such as constant verbal abuse, cheating by a spouse, or deprivation of activities that bring joy. The intensity varies, but the impact on the victim's well-being can be profound.
Legal Safeguards Against Mental Harassment:
1. Bharatiya Nyaya Sanhita, 2023 (BNS):
- Section 85 and 86 BNS : These sections in BNS address the harm caused to a married woman by her husband or in-laws. There is imprisonment up to three years or more for offenses related to physical or emotional abuse.
- Section 296 BNS: Punishes those engaging in obscene acts or uttering obscene words in public, providing protection against public harassment.
-Section 79 of BNS:
- Penalizes intentional demeaning of a woman's virtues through physical or verbal conduct, carrying a maximum imprisonment term of three years.
- Section 80 of BNS: Defines dowry death, punishing emotional abuse leading to a married woman's death within seven years of marriage due to non-payment of dowry. Imprisonment ranges from seven years to a lifetime.
Mental Harassment at the Workplace:
Beyond domestic settings, mental harassment pervades workplaces, affecting both men and women. While sexual harassment is a well-recognized form, other categories include:
- Age-based harassment: Discrimination based on age.
- Defamation in public: Publicly demeaning or defaming an individual.
- Caste-based discrimination: Unfair treatment based on caste.
- Sex or marital status discrimination: Unjust actions based on gender or marital status.
Every citizen has the right to live with dignity, and mental harassment is a punishable offense. Victims are encouraged to report incidents promptly and seek legal redress.
Frequently Asked Questions (FAQs) on Mental Harassment and Legal Remedies under Bharatiya Nyaya Sanhita, 2023 (BNS):
1. Q: What does Bharatiya Nyaya Sanhita, 2023, say about mental harassment within marriages?
A: Sections 85 and 86 of BNS address harm caused to a married woman by her husband or in-laws, there is an imprisonment for offenses related to physical or emotional abuse.
2. Q: How does BNS protect against obscene acts or words in public?
A: Section 296 of BNS punishes those engaging in obscene acts or uttering obscene words in public, offering protection against public harassment.
3. Q: Is there a specific section in BNS that penalizes intentional demeaning of a woman's virtues?
A: Yes, Section 79 of BNS penalizes intentional demeaning of a woman's virtues through physical or verbal conduct, with a maximum imprisonment term of three years.
4. Q: What does BNS stipulate regarding dowry death and emotional abuse within marriages?
A: Section 80 of BNS defines dowry death, punishing emotional abuse leading to a married woman's death within seven years of marriage due to non-payment of dowry. Imprisonment ranges from seven years to a lifetime.
5. Q: Does BNS specifically address workplace harassment?
A: While BNS doesn't explicitly address workplace harassment, it offers provisions for various forms of harassment. Workplace harassment falls under its broader framework.
6. Q: How should victims of mental harassment seek legal redress under BNS?
A: Victims are encouraged to report incidents promptly to the relevant authorities, providing detailed information about the harassment. Legal professionals can guide them on the appropriate course of action under BNS.
Mental harassment and remedies under BNS (Bharatiya Nyaya Sanhita)
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