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Mental Harassment

 Mental Harassment

 

 

Mental Harassment or Emotional Abuse is any kind of non-physical attitude or behaviour that intimidates, controls, sub judicates, punishes, demeans, or isolates another person by way of humiliation, fear or degradation. The following are some of the common examples of mental harassment:

A constant abuse from a person again and again.

Cheating by spouse or mental torture for dowry.

Any kind of abstinence from something that a person loves to do.

Many a time mental harassment is caused by bad words or emotional thrust. However, it can be even be physical in some extreme cases.


Section 498A

Section 498A of IPC came as a significant addition to the Indian Penal Code, 1860, which was introduced in 1983 to safeguard the rights and empowerment of women. Under Section 498A of the Indian Penal Code, extortion of any form of property by subjecting a woman to cruelty is punishable. The Government of India amended the Indian Penal Code, 1860 (IPC) by way of the Criminal Law (Second Amendment ) Act, 1983 on 26 December 1983, and inserted a new Section 498(A) under Chapter XX-A, Of Cruelty By Husband Or Relatives Of Husband. 

Ingredients of this Section

For the commission of an offence under Section 498-A, following necessary ingredients require to be satisfied:

  1. The woman must be married; 

  2. She must be subjected to cruelty or harassment; and 

  3. Such cruelty or harassment must have been shown either by the husband of the woman or by the relative of her husband. 

This section’s bare perusal points out that the word ‘cruelty’ covers the occurrence of the following Act(s):

  1. any willful behaviour which might lead a woman to suicide or cause serious damage or danger to life, limb, or life;

  2. a woman’s health (mental or physical);

  • The harassment of a woman in the event of such harassment, with a view to obliging her or any other person related to her to fulfil an illegal requirement for any property or valuable security.



Section 294 of IPC

If a person does an obscene act in public, recites or utters obscene words to annoy and torture a person in public, is punishable under the law. The offender would be booked under section 294 of the Indian Penal Code and would be liable for an imprisonment up to three years or with a fine or both.


Section 509 of IPC

This section is established purposely to punish any person who demean the virtues of any woman intentionally by any physical or verbal conduct. The person would be liable to an imprisonment of up to three years

Apart from the above-mentioned IPC sections, there are specific acts such as The Protection of Women from Domestic Violence Act, 2005 and the Dowry Prohibition Act, 1961. These acts help woman fight for his or her rights and that they support the feminine fraternity to steer a cheerful, peaceful, and equal life within the society.


Every citizen of the country has the right to live with dignity. Mental Harassment or emotional or physical abuse is a punishable offense 


 Mental Harassment

By- SHAMBHAVI

VIP-AUTHOR


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