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U can file a habeas corpus writ petition in high court. court will issue notice to your parent to present u before court and court will know your will and take proper action. Court can ask u that are your parents detained u against your will if u say yes then court give u options where u want to live.Technically YES. If you have supportive documents/ evidence to show that you have been mentally harassed by someone including your parents, then obviously you can lodge a complaint/ file a case in India.7 Answers. 1. Yes the girls can lodge complaint in local police station agaisnt their own parents whereby the Police can even arrest or warn them for not repeating the offence.
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Can I file a case against my parents for mental harassment in India?
Technically YES. If you have supportive documents/ evidence to show that you have been mentally harassed by someone including your parents, then obviously you can lodge a complaint/ file a case in India.
Can a child file case against parents in India?
7 Answers. 1. Yes the girls can lodge complaint in local police station agaisnt their own parents whereby the Police can even arrest or warn them for not repeating the offence.
Can I file a case against my father in India?
You can file domestic violence and 498 A of IPC case against your father. Further you can approach the Court for protection from your father.
How do I file a mental harassment case in India?
A mental harassment complaint can be filed against any person under various laws including the Indian Penal Code. You may file a complaint under Section 509 (Word, gesture, or act intended to insult the modesty of a woman) of IPC.
Can I file FIR against my mother?
Yes…….you should file fir…… And no one person force you …..for marriage……the indian law has providing lot of rights of females and their citizens…. So u can file a criminal case against all the persons….
What is mental harassment by Father?
Mental harassment is an offence and punishable under the laws. Increase in cases of child suicides due to mental harassment by teachers, parents or anybody who has the charge over the kid led to provisions of punishment for this offence, to prevent it from happening before reaching the stage of Abetment to suicide.
How can I get rid of my parents in India?
There is no legal procedure to leave the house of your parents. After attaining majority you are free to leave them and reside at a place of your will. Police has no authority under any law to take you back to your parents upon attaining age of majority i.e. 18 years.
How do I file a mental harassment case against my parents?
You can either file an online complaint with the police or go to the Human Rights Commission and tell them about the mental agony your mother is inflicting on you. You can take the problem to court by initiating a private complaint for harassment under section 200 of the criminal procedure code.
How do I complain about abusive parents?
Since 1980, responsible citizens have been giving tips to the team so that children could be rescued from abusive environments. Toll free Complaint Cell number 1800-102-7222 was launched in 2018 to make this process more systematic and expand our services across India.
Can a daughter file case against father?
Advocate Bala Janaki
Yes you can file a Petition for maintenance U/s 125 of Criminal Procedure Code. In such Petition and under the right provided by the Criminal Procedure Code you would be liable to claim money in the way of Maintenance from your Father. For any further details contact me.
How can I report my father?
- Consider calling a Child Services Hotline. They are trained to deal with abuse. Be prepared to answer questions about when and how your father has abused you.
- You can also contact a mandated reporter (teacher, therapist).
Can a daughter challenge father’s will in India?
Yes you can challenge it. But before that some aspect has to be seen that is whether property was self acquired property of your father and if so then your father has absolute right to execute will under section 30 of Hindu succession act.
What are the 3 types of harassment?
- Verbal.
- Visual.
- Physical.
Is there any law against parents in India?
Most personal laws including the Hindu Adoptions and Maintenance Act, 1956 recognize duty of the children to maintain their aged parents and the right of the parents to maintenance.
What is the punishment for mental harassment?
Section 498A of IPC
Any such kind of offense is punishable under law and the punishment can be an imprisonment of three years or more and the culprit shall be liable to heavy fines. Further, this offense is non-bailable.
Can I file a case against my parents for mental harassment?
Yes you can definitely file writ in HC against them. As it is your fundamental right to study and live peacefully without any mental torture or harassment. See, they everything has its own limit but if they have crossed that then they are violating your fundamental right.
Can I take legal action against my parents in India?
U can file a habeas corpus writ petition in high court. court will issue notice to your parent to present u before court and court will know your will and take proper action. Court can ask u that are your parents detained u against your will if u say yes then court give u options where u want to live.
What is the punishment for mental harassment in India?
Section 498A of IPC
Any such kind of offense is punishable under law and the punishment can be an imprisonment of three years or more and the culprit shall be liable to heavy fines. Further, this offense is non-bailable.
How do I complain about abusive parents?
Since 1980, responsible citizens have been giving tips to the team so that children could be rescued from abusive environments. Toll free Complaint Cell number 1800-102-7222 was launched in 2018 to make this process more systematic and expand our services across India.
How can I can file case against my own parents – FREE LEGAL ADVICE
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17 years old girl who is not willing to stay with their parents
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How to file complaint against my father abusing my mother – FREE LEGAL ADVICE
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Laws Related to Mental Harassment in India | Criminal Law Guide
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Get Expert Legal Advice
What is Mental or Psychological Harassment
What are the Laws that Govern Mental Harassment in India
1The Sexual Harassment of Women at Workplace (Prevention Prohibition and Redressal) Act 2013
2Indian Penal Code 1860
3Information Technology Act 2000
What is Mental Harassment in Marriage
How to Prove Mental Harassment by Husband
Mental Harassment by in-laws
Mental Harassment by Wife
Mental Harassment at Workplace
Mental Harassment by Neighbour
Mental Harassment of a Senior Citizen
How to file a Complaint for Mental Harassment
How can a lawyer help you
What is Mental or Psychological Harassment
What are the Laws that Govern Mental Harassment in India
1The Sexual Harassment of Women at Workplace (Prevention Prohibition and Redressal) Act 2013
2Indian Penal Code 1860
3Information Technology Act 2000
What is Mental Harassment in Marriage
How to Prove Mental Harassment by Husband
Mental Harassment by in-laws
Mental Harassment by Wife
Mental Harassment at Workplace
Mental Harassment by Neighbour
Mental Harassment of a Senior Citizen
How to file a Complaint for Mental Harassment
How can a lawyer help you
Advocate Chikirsha Mohanty
mental harassment
Complaint against the senior for mental harassment in work place
Advocate Bankim Mehta
Physical and mental harassment what to do
Advocate Srabani Majumder
Dowry & mental harassment
Advocate Deepak Malhotra
File case against to my parents – FREE LEGAL ADVICE
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Can you sue your parents for support? | Family Law in BC
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What should I do if my parents are harassing me? – 202100369-20210012-576
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- Summary of article content: Articles about What should I do if my parents are harassing me? – 202100369-20210012-576 You will have to first collect evence – true evence, not created ones. You should go to a police station and state the facts. Ideally an FIR should be … …
- Most searched keywords: Whether you are looking for What should I do if my parents are harassing me? – 202100369-20210012-576 You will have to first collect evence – true evence, not created ones. You should go to a police station and state the facts. Ideally an FIR should be … Since you are a mojor child i.e above 18 years of age, the general laws will apply on yoyr parents i.e if they physically harass you, they will be liable for assault and battery under section 352 of the Indian Penal Code. The Commission for Protection of Child Rights (CPCR) Act, 2005. The Commission works under the Ministry of Women and Child Development to ensure the presence of proper measures against child abuse.Since you are a mojor child i.e above 18 years of age, the general laws will apply on yoyr parents i.e if they physically harass you, they will be liable for assault and battery under section 352 of t…
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How can I can file case against my own parents
Name- madhvi(girl 21 yr) i m in relationship with a boy and i want to marry him but due to my relationship some of my relatives (father , uncle ) they keep torturing me nd put me in a house from 4 years i can’t go anywhere without their will nd sometimes when i disagree for marriage they beat me nd last year on about 8 or 9 june my uncle poisoned me luckily i got saved due to my sister but that routine of threats nd mental harassment continues everyday . I just want to leave this house nd do some job untill my boyfriend got a job and also become legal for marriage (he is 19 now ) is their any way that i can leave my house nd my family jst stay away from me .
How to file complaint against my father abusing my mother
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Hello,
Advise your mother or any other witness of the offence on her behalf to approach the jurisdictional Police/Protection Officer/Service Provider to file a complaint of domestic violence. Your mother can directly file a complaint in the jurisdictional Magistrate court for obtaining orders or reliefs under Protection of Women from Domestic Violence Act (PWDVA). Once the complaint is filed in the Magistrate court, the court is required to take cognizance of the complaint by instituting a hearing within three days of the complaint being filed in the court. The Magistrate shall give a notice of the date of hearing to the Protection Officer to be served on your father and such other persons as directed by the Magistrate, within a maximum period of 2 days or such further reasonable time as allowed by the Magistrate. The court is required to dispose of the case within 60 days of the first hearing. The court, to establish the offence by your father can use the sole testimony of your mother. Upon finding the complaint genuine, the court can pass a Protection Order against your father, which shall remain in force till your mother applies for discharge. If upon receipt of an application from your mother, the Magistrate is satisfied that the circumstances so require, he may alter, modify or revoke an order after recording the reasons in writing. Apart from the above, your mother can also file a complaint against your father under Section 498 A of the Indian Penal Code, which defines the offence of matrimonial cruelty and prescribes the punishment for the husband of a woman or his relative who subjects her to cruelty.
Laws Related to Mental Harassment in India
The term ‘Harassment’ is a form of discrimination. It includes any unwanted physical or verbal behaviour that offends or humiliates you. It covers a wide range of behaviours of an offensive nature. It is commonly understood as behaviour that demeans, humiliates or embarrasses a person, and it is characteristically identified by its unlikelihood in terms of social and moral reasonableness. Such behaviour affects the physical and mental well-being of a person.
In the legal sense, these are behaviours that appear to be disturbing, upsetting or threatening. They evolve from discriminatory grounds and have an effect of nullifying or impairing a person from taking benefits of their rights. When these behaviours become repetitive, they can also be construed as bullying in common parlance. The continuity of repetitiveness and the distressing, alarming or threatening nature may distinguish it from a mere insult or admonishment.
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What is Mental or Psychological Harassment?
Psychological harassment comes under detrimental or hostile conduct by one or more individuals directly or indirectly towards a third person. This is conduct that occurs frequently and over a long period which defames an individual or excludes them from work.
It refers to a conjunction of incidents which when considered individually may appear harmless. However, their continuous repetition has a destructive and impairing effect on the victim.
What are the Laws that Govern Mental Harassment in India?
Certain rights are inalienable from a human being and are guaranteed by birth. The Protection of Human Rights Act, 1993 defines human rights as the rights related to the life, liberty, equality and dignity of the individual which are guaranteed by the Constitution or embodied in various International Covenants which are enforceable in the Courts in India. Right to live with dignity forms a part of human rights and any form of harassment amounts to a breach of the right to live with dignity.
Below are few Indian laws which deal with various forms of Harassment:
1.The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
This was the first legislation enacted to protect the women from being sexually harassed at the workplace. The legislation has defined the term sexual harassment under section 2 and gives an inclusive definition stating that sexual harassment includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely:
Physical contact and advances; or
A demand or request for a sexual favour; or
Making sexually coloured remarks; or
Showing pornography; or
Any other unwelcome physical, verbal or non-verbal conduct of sexual nature;
The law mandates certain practices which workplaces ought to follow to prevent sexual harassment and mechanisms which need to be created for redressal of complaints.
Consult:Top Criminal Lawyers in India
2.Indian Penal Code, 1860.
The term “Mental Harassment” has not been specifically defined under the Indian Penal Code, 1860 (IPC), however, harassment can be interpreted in terms of cruelty or torture. The relevant sections are as follows: –
A. Section 294: Obscene acts and songs:
Whoever, to the annoyance of others
a. does any obscene act in any public place, or
b. sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.
B. Section 354: Assault or criminal force to woman with intent to outrage her modesty.-
Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
C. Section 354A: Sexual harassment and punishment for sexual harassment.
1. A man committing any of the following acts-
Physical contact and advances involving unwelcome and explicit sexual overtures; or A demand or request for sexual favours; or Showing pornography against the will of a woman; or Making sexually coloured remarks, shall be guilty of the offence of sexual harassment.
2. Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.
3. Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
D. Section 498A: Husband or relative of husband of a woman subjecting her to cruelty – Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Explanation —For the purpose of this section, “cruelty” means—
Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.
E. Section 509: Word, gesture or act intended to insult the modesty of a woman.—Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.
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3.Information Technology Act, 2000
This law aims to give legal recognition to online transactions and also deals with various acts and offences which may be committed online:
Section 67: Punishment for publishing or transmitting obscene material in electronic form.-Whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years and with fine which may extend to five lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.
Section 67A: Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form.– Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.
What is Mental Harassment in Marriage?
Mental Harassment in marriage is same as mental harassment in general. However, when we refer to mental harassment in marriage, it is the psychological harassment caused by the spouse or the in-laws. There are various laws that deal with mental Harassment caused in a marriage, such as Sections 354, 354A, 498A, 509 of the Indian Penal Code as mentioned above.
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 that deals in harassment caused in a marriage. These acts help women fight for their rights and support the feminine fraternity to steer a cheerful, peaceful, and equal life within the society. These laws have been elaborated below for a better understanding:
1. The Protection of Women from Domestic Violence Act, 2005:
The Protection of Women from Domestic Violence Act 2005, helps women who are a victim of domestic violence of any kind. This act is a legal medium using which they can take action against the person.
Once a woman initiates a legal action under the provisions of this act, she shall receive protection from any reoccurrence until the case goes to trial.
2. Dowry Prohibition Act, 1961:
To break the norms of the century-old practice, the enactment of the Dowry Prohibition Act 1961, prevents demanding and accepting dowry from a woman’s family.
Consult:Top Criminal Lawyers in India
How to Prove Mental Harassment by Husband?
Marriages are considered to be a sacred bond and are held in very high regard in the Indian society. It’s quite common that many married women face harassment by their husbands or in-laws.
Indian judicial system has very strict laws against this abuse and harassment and this is very important in safeguarding the women in Indian society.
The following also belong in the category of harassment by husband or in-laws except for mental harassment:
Behavior or acts which instigates women towards suicide.
Any act of husband or in-laws which causes the women grave and critical injury.
Demanding dowry from parents of the women certainly amounts to harassment.
Any act defines as harassment as per the Indian law.
To prove Mental Harassment by husband one should prove the following:
Any physical violence of any severity is termed as cruelty and is enough to start legal action.
Any verbal abuse in terms of taunt, words, language, etc that are intended to cause mental torture.
Abstaining a woman from talking to or meeting her family.
Not letting the women see their children.
Intentionally denying the food for a long time and intervals.
Sexual intercourse without her consent.
Unnatural sex.
Limiting social interaction.
Cruelty towards her children.
Threatening with divorce for illegal, immoral or unreasonable demands.
Mental Harassment by in-laws
There are a number of means and ways through which a woman can be harassed by her in-laws. The harassment may be either by her husband or her mother-in-law or by any other in-laws. A woman can be harassed by:
Any conduct of the in-laws which forces a woman to commit suicide
Any conduct that would cause grave injury to a woman which includes domestic violence
Any conduct or demand of her in-laws either to her or to her parents or relatives regarding any property which is under the possession of her family (dowry demands)
Any conduct or demand of her in-laws regarding any amount of money as dowry either from her or from her parents or any relative
Any act which would amount to cruelty under the Indian Laws Connect with an expert lawyer for your legal issue
Mental Harassment by Wife
There seems to be a strong notion in society that men are always abusers and women are always the victim. However, there are many cases where men are subject to torture by their spouses as well. Expressing views on cruelty, the Supreme Court in Samar Ghosh vs. Jaya Ghosh, (2007) 4 SCC 511, said, “We have come to a definite conclusion that there cannot be any comprehensive definition of the concept of “mental cruelty”, within which all kinds of cases of mental cruelty can be covered. No court in our considered view should even attempt to give a comprehensive definition of mental cruelty.”
So, the first thing one need to do is to identify whether you are becoming a victim of cruelty or not. If your wife is doing any of the below-mentioned acts, then you are a victim of cruelty –
Physical attacks on you.
Continuous rage, anger, screaming or yelling at you.
Constant belittling or criticising your abilities, employment or looks.
Publicly flaunting an affair or adulterous relationship.
Falsely accusing you of committing adultery
Failing to tell you about an acquired sexually transmitted disease, while continuing to maintain sexual relations with you.
Making it a ritual to stay away from the marital residence without any valid explanation.
Mental Harassment at Workplace
Workplace harassment, especially against women employees, occurs at great frequency worldwide. Studies suggest that as many as 50% of women experience workplace harassment during their employment, but only some women report it.
There are many classifications that fall under the cognizance of harassment at the workplace against women employees. The women employees suffer humiliation and defamation under such actions.
The majority of the people believe in the typical notion that harassment at the office can be sexual nature only. But this not the case generally various workplace harassment can be classified as below:
Harassment based on the grounds of age.
Harassment on the grounds of disability.
Defamation- To demean and libel is to damage the reputation or image of an individual.
Discrimination on the grounds of caste.
Harassment on the grounds of Sexual Orientation and Marital Status.
Harassment on the grounds of Race, Sex, Religion, and National Origin.
Mental Harassment by Neighbour
India is a densely populated country. As a lot of people stay in flats or live in duplex sharing common walls, at times, it happens that maintaining a quite decent relation with your neighbour may not be possible. The issue may be of late night sound, construction of a common wall, trespassing, etc. In case you face harassment of any nature including the ones mentioned above, you can take resort under the following laws:
You may be living in an apartment or in a duplex, often it happens, when you hear loud music sound from the neighbor’s house, you try to ignore that sound for as long as possible but sometimes, such noise may make life difficult. This type of nuisance is defined in Section 268 of the Indian Penal Act. Section 268 of the Indian Penal Code defines nuisance when the person is guilty of a public nuisance when he does any act which causes injury, danger or annoyance to the public or the people in general who live or occupy the property in the neighborhood.
If your neighbor starts construction in that common wall you do not have the right to stop him from constructing because it is his legal right but if during the construction work your property gets damaged, you can ask him to compensate for the loss suffered by you but if your neighbor refuses to pay you the amount then you can file a case under Section 425 of IPC which states that whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits mischief. You can file suit for declaration and mandatory injunction in a civil court as well. You can also claim damages in the same suit.
If you live in an apartment and park your vehicle in the parking allotted to you but you notice someday that the place which has been allotted to you is been occupied by some other person then, you will simply ask the person to vacate the parking space occupied by him but if he/she refuses to do that, after being told or warned many times, will amount to criminal trespass under Section 441 of the Indian Penal Code. Consult:Top Criminal Lawyers in India
Mental Harassment of a Senior Citizen
There is no specific law to protect Senior Citizens from Harassment but if the allegations are proved to be false, the person can file suit for defamation or damages. For any Physical harassment, Indian Penal Code would be applicable.
What to do when a senior citizen is abused?
You can take the following steps when you see an elder getting abused:
Report it to the jurisdictional police station: The very first step is to make the jurisdictional police aware of the abuse is by filing a written complaint. Those who cannot write are required to verbally inform it to the station house officers who can pen it down for them and get their thumb impression. Oral complaints are not adequate as they can lead to confusion in future. File a First Investigation Report (FIR) in case of an admissible offence, assault or an injury: In case a senior is hurt and reports an admissible offence, an assault or an injury to the police station, the cops must register an FIR and investigate whether the report is genuine and gauge the intensity of the complaint. Obtain a wound certificate from a government hospital: Once the cops investigate and find the complaint to be genuine, they must take the senior to a government hospital for medical examination. Following this, the abused senior citizen will be provided with a wound certificate, based on which the cops will file a charge-sheet against the accused. The case will thereby go on to the magistrate court or others and the legal discourse will be followed. Approach the helplines: The seniors may also use the Elders Helpline in their respective cities and seek help from the coordinators to file a petition to report abuse. The counsellors first listen to the case to see if it is genuine. When found true, a written complaint is registered by the Helpline, and a notice is sent to the perpetrator through the police. Following this, the Helpline tries to create a platform of dialogue between the two parties to resolve the dispute amicably. For property-related abuse, the legal experts at the Helpline advise them towards a settlement.
How to file a Complaint for Mental Harassment?
There is no specific procedure provided in any law to deal with mental harassment in the workplace. Since the mental harassment has been categorized in various form under the Indian law, the action to be taken shall be in accordance to the particular kind of harassment the victim has faced. The same has been discussed below:
Termination from Work: If the person has been wronged professionally and has been terminated from the services without any reason or cogent evidence, the relief that the person can get from court is relating to re-instating of his services and allowing of wages to be given from back date. Violent Behaviour: If the person has been subjected to violence as a consequence of mental harassment or feels that his peace has been hampered or bodily injury, a Complaint or an FIR can be registered and a criminal case shall be registered against the employer followed with sentencing. Late Wages or No Wages: Mental Harassment in form of late wages, no wages or even equal pay for equal work can be claimed. Redressal in such cases can be granted by Labour Court if the victim approaches the Labour Court under the Industrial Disputes Act, 1947 or the Payment of Wages Act, 1936. Connect with an expert lawyer for your legal issue
Person with Disabilities or Other form of Discrimination: Mental Harassment is a huge umbrella and can also be claimed by pregnant women and persons with disabilities. In such cases, remedy is provided under Maternity Benefits Act, 1961 which protects pregnant women from discrimination. Further, the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act,1995 protects people with disabilities from discrimination. Sexual Harassment: Gender discrimination and sexual harassment at work workplace is one of the most common forms of harassment faced especially by women at work place. India has legal provisions under the IPC and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 which provide remedies for victims and also impose obligations on organisations to ensure safe working environment for women.
How can a lawyer help you?
One of the first and most important steps you should start with is to hire a goodcriminal lawyer, as he is aware of the legal processes and nitty-gritty involved in the criminal case. A criminal lawyer has the legal knowledge and experience necessary to handle and draft necessary documents related to the offence. He will be able to guide you and draft a relevant documentation for you according to your special circumstances and facts, and the necessary things to be involved. A criminal lawyer is aware of good legal techniques. Hiring a lawyer will help you in more ways than one.You can alsoask a lawyer onlinea free legal question using LawRato’s Ask a Free Question service.
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