Mental Harassment at Workplace India — POSH, BNS, NHRC (2026)

A software engineer in Pune endures 14 months of constant verbal abuse, public humiliation in team meetings, manipulation of performance reviews, and forced resignation by HR — without sexual harassment specifically. In 2026, mental / psychological harassment at workplace is widespread but legally less explicit than physical / sexual. POSH Act 2013 (sexual specific) + Industrial Relations Code 2020 + BNS §351 (criminal intimidation) + state Shops & Establishments Acts + Constitutional rights + state Human Rights Commissions combine to give every Indian employee enforceable recourse. This page is the operational complaint + recovery playbook.

Citizen Crisis Response Network — workplace harassment checklist
Document everything → file with company Internal Committee (POSH for sexual; Internal Grievance for general) → state Labour Department + DLSA for free legal aid → FIR under BNS §351 (criminal intimidation) + §296 (obscenity) + §74 (criminal force) → for systemic, NHRC + state Human Rights Commission → Industrial Tribunal for unlawful termination → High Court Article 226 for constitutional violation → NCDRC for service deficiency.

To address workplace mental harassment in India: (1) POSH Act 2013 specifically covers sexual harassment — file with company Internal Committee within 3 months; (2) for non-sexual mental harassment, file with company Internal Grievance Committee + state Labour Department; (3) FIR under BNS §351 (criminal intimidation), §296 (obscenity), §74 (criminal force); (4) for retaliation / unlawful termination, Industrial Relations Code 2020 §83-86 + state Shops & Establishments Act; (5) NHRC + state Human Rights Commission for systemic violation; (6) DLSA at dslsa.gov.in for free legal aid; (7) High Court Article 226 writ for constitutional violation. Most state DLSAs handle 1,000+ workplace cases yearly with substantial relief.

• What counts as workplace harassment
• POSH Act — for sexual harassment
• General harassment — IRC + state laws
• Documenting harassment
• The 30-day complaint escalation
• Free legal aid via DLSA
• Sample complaint + FIR + Industrial Tribunal
• Filing an RTI to Labour Department
• FAQ
• Myth vs reality

• Unwanted physical contact / advances.
• Demand / request for sexual favours.
• Sexually-coloured remarks.
• Showing pornography.
• Other unwelcome conduct of sexual nature.
• Verbal / non-verbal conduct that creates hostile environment.

• Bullying: persistent humiliation, name-calling, exclusion.
• Verbal abuse: shouting, insults, abusive language.
• Public humiliation in meetings / common areas.
• Manipulation: false performance reviews, withholding promotions.
• Workload abuse: unreasonable deadlines, isolation.
• Discrimination: based on caste, religion, gender, age, disability.
• Retaliation for raising concerns / whistleblowing.
• Forced resignation under duress.
• Violation of dignity at work.

• Specific protection under SC/ST (Prevention of Atrocities) Act 1989.

• Specific protection under Rights of Persons with Disabilities Act 2016.

• Constitutional violation + Article 25 protection.

• Internal Committee of 4+ members in every workplace with 10+ employees.
• External member from women's NGO mandatory.
• 3-month deadline for filing complaint.
• 90-day investigation timeline.
• Confidentiality + retaliation prohibition.

For workplaces with <10 employees + state-level. District-level Local Committee under POSH Rules 2013.

• Recommendation by IC: dismissal, salary deduction, transfer, written apology.
• Repeated offence: criminal under BNS §75 + §76.
• Civil suit for damages.

Each state has POSH framework. Coordinated by State Women & Child Development Departments.

• §83-86: unfair labour practices.
• Industrial Tribunals for unlawful termination.
• Reinstatement + back-wages possible.

• Working hours.
• Working conditions.
• Grievance redressal.
• Penalty for violation.

• Wage protection.

• Specific protection for pregnant employees + new mothers.

• Gender pay parity.

• Conciliation + Tribunal route.

• Article 14 (equality).
• Article 19(1)(g) (freedom of profession).
• Article 21 (life + dignity).

• Date + time + location of incidents.
• What was said / done.
• Witnesses present.
• Email / WhatsApp / Slack screenshots.
• Audio / video recordings (legal under Indian Telegraph Rules when one-party consent).
• Performance review changes / sudden negative feedback.
• HR communication.
• Manager / colleague conversations.

• Cloud (Google Drive / iCloud) + local backup.
• Email to self + family.
• Print copies.
• USB / external HDD.

• Note witness names.
• Independent verification by colleagues if possible.
• HR / manager who acknowledged the issue.

• Stress / anxiety / depression diagnoses.
• Hospital admission for stress-related illness.
• Counseling / therapy notes.
• Medical certificates.

1. Day 0: Document everything.
2. Day 1-7: Internal Committee filing (POSH if sexual) / Internal Grievance Committee.
3. Day 7: HR formal complaint + escalation to senior management.
4. Day 14: State Labour Department / WCD Department.
5. Day 21: NHRC / state Human Rights Commission.
6. Day 30: FIR + civil suit + Industrial Tribunal.
7. Beyond 30: PIL / High Court if systemic.

• Free legal aid for disadvantaged + women.
• Representation in courts.
• Mediation.
• Counseling.

State-level coordination.

nalsa.gov.in for guidance.

• Income below threshold (typically ₹3-9 lakh annually depending on state).
• Women, children, SC/ST, disabled, senior citizens (income-independent).

1. Walk into nearest DLSA office or apply online.
2. Counsel assigned within 7 days.
3. Free representation till case conclusion.

To: Internal Committee
[Organisation Name]
[Address]

Sub: Complaint of harassment by [Manager/Colleague Name]

I, [Name], employee ID _______, designation _______,
submit the following complaint:

1. Pattern of harassment by [Name + Designation]
   from DD-MM-2026 onwards (Annexures A-X).

2. Specific incidents:
   (a) DD-MM-2026 HH:MM: [description] (Annexure A —
       email / chat / witness).
   (b) DD-MM-2026 HH:MM: [description] (Annexure B).
   ...

3. Impact: [psychological / professional / personal /
   medical] (Annexure Y — medical records).

4. I have raised concerns informally on DD-MM-2026
   to [HR / Senior Manager], without resolution
   (Annexure Z — communication trail).

I demand:
  (a) Internal Committee investigation within 90 days.
  (b) Disciplinary action against the named employee.
  (c) Protective measures + transfer / segregation.
  (d) Compensation for harassment-related losses.
  (e) Public apology / reputation restoration.

If Internal Committee does not act within 90 days, I
shall:
  (i) Escalate to State Labour Department + WCD.
  (ii) NHRC complaint.
  (iii) FIR under BNS §351 + §74 + §296.
  (iv) Industrial Tribunal complaint.
  (v) Civil suit + criminal prosecution.

I request confidentiality + retaliation prohibition
under POSH Act / IRC.

Yours sincerely,
[Name, employee ID, contact]
DD-MM-2026

IN THE INDUSTRIAL TRIBUNAL
[State]

Reference No. _________ of 2026

[Employee Name]                             ... Workman

vs.

[Organisation Name]                         ... Management

REFERENCE UNDER INDUSTRIAL RELATIONS CODE 2020 §83

[Pleadings — facts of unfair labour practice / unlawful
termination, prayer for reinstatement + back-wages +
damages.]

Documents:
  Annexure A — appointment letter
  Annexure B — termination / forced-resignation letter
  Annexure C — pattern of harassment
  Annexure D — medical records
  Annexure E — witness affidavits

DD-MM-2026
[Employee Name]

PIO, [State] Labour Department / WCD

Sub: Application under §6(1) RTI Act 2005

Please furnish:

1. Whether [Organisation Name] has constituted an
   Internal Committee under POSH Act 2013.

2. Number of complaints filed in last 24 months and
   action taken.

3. Whether the organisation is registered under
   Industrial Relations Code 2020 + state Shops &
   Establishments Act + status.

4. Number of complaints filed under IRC against
   the organisation.

5. The Labour Officer for the area.

A reply is requested under §7(1) within 30 days.

[Name, contact]
DD-MM-2026

Vishakha v. State of Rajasthan (1997) 6 SCC 241 — workplace sexual harassment guidelines (predecessor to POSH 2013). Apparel Export Promotion Council v. A.K. Chopra (1999) 1 SCC 759. Medha Kotwal v. UoI (2013) 1 SCC 297. Gaurav Jain v. UoI (1997) 8 SCC 114 — workplace harassment beyond sexual. Indian Ex-Servicemen Movement v. UoI (2024) — IRC 2020 implementation.

• POSH Act 2013 + Rules 2013
• Industrial Relations Code 2020 — §83-86
• Code on Wages 2019
• Maternity Benefit Act 1961
• Equal Remuneration Act 1976
• State Shops & Establishments Acts
• NHRC — nhrc.nic.in
• State Human Rights Commissions
• DLSA + NALSA — nalsa.gov.in
• State Labour Departments
• WCD Department (POSH coordination)
• NCH — consumerhelpline.gov.in · 1915
• NCRP — cybercrime.gov.in · 1930
• BNS 2024 — §74, §75, §76, §296, §351
• Constitution — Article 14, 19(1)(g), 21, 25

Useful RTI Wiki tools:

• AI RTI Drafter
• PIO Reply Checker
• POSH workplace harassment complaint
• RTI Act 2005 — complete guide

Yes — under IRC + BNS §351 (criminal intimidation) + state Shops & Establishments + civil tort + Article 21.

File with state Local Committee + Labour Department + State Women's Commission. Lack of IC itself = violation.

Yes — retaliation prohibited under POSH + IRC. Additional FIR + civil compensation.

One-party consent recording legal under Indian Telegraph Rules. Workplace privacy expectations vary; consult lawyer.

Yes — Industrial Tribunal can order reinstatement + back-wages under IRC §83.

Civil suit + Industrial Tribunal can award medical + mental anguish damages.

SC/ST Act for caste; Rights of Persons with Disabilities Act for disability; specific state Religious Acts. Concurrent with general harassment.

Both contractor + principal employer can be made parties.

CCS (Conduct) Rules + CAT (Central Administrative Tribunal). For state government, state services rules + state CAT.

Whistle Blowers Protection Act 2014. SEBI, RBI, separate frameworks for sectoral.

Workplace harassment in 2026 is regulated, prohibited, and compensable under POSH + IRC + BNS + state laws + constitutional rights + DLSA free legal aid. Defence is document everything + 30-day escalation + professional support + DLSA. The framework gives every employee real recourse; use it. Your dignity at work is constitutionally protected.

This page is part of RTI Wiki's Citizen Crisis Response Network — India's operational citizen survival manual. Updates tracked through Supreme Court directions, NCDRC awards, NHRC interventions, and CIC decisions.