Bullying and harassment are different terms but look similar
Article / Law

Workplace Bullying and Harassment- All you need to know

Bullying and harassment are different terms but look similar. Bullying can be about body shaming, comments, race shaming, gender shaming but harassment means exploding in some real manner.  Harassment includes sexual favor, unwanted intimacy for any unwanted action. Bullying can be different then harassment but the result is at most the same, these harassment can impact on the mental health of the victim. It can be depressing and even suicidal in some cases. So it’s important to understand-

The types of workplace Bullying and Harassment

Sexual harassment    this is a serious crime in organization not only women but Male and other genders are too the sufferer of sexual harassment. According to ZipRecruiter Survey, 40% of female respondents and 14% male respondent have experienced sexual harassment in workplace. Sexual harassment include inappropriate photos videos or text sexual comments jokes sexual gesture inappropriately touching for interrupting privacy in sexual manner. Ex- #The Metoo campaign was used for highlighting the harassment.

Cyberbullying/Virtual Harassment–  this type of harassment is more common also virtual harassment are new but the good thing about it is, it is easy to track with the help of evidence like screenshots, Screen recordings, Voice Recordings.  Virtual harassment includes sending thread, identity theft, spreading private chat, sending an appropriate images and mails. well on virtual platforms you can directly report the issue and give quick Complaints under Cybercrime.

Physical and Psychological harassment
Physical harassment includes threatening, physical attack, destroying intellectual  property, workplace violence & more can turn into serious trauma & anxiety. It’s dangerous for an individual to stay in that environment. Both types of harassment can cost the life of someone. So Be mindful of giving statements. There are more harassment like power harassment, gender based harassment, critical remarks & actions, Age based harassment & More. 

All types of harassment result in mental trauma and can be even more dangerous. Let’s talk about the solution of this problem but firstly if you’re someone who is facing workplace harassment and bullying then don’t just ignore and take a stand for yourself because if you are not then who will do? don’t just ignore.

Here are some tips to handle and report workplace bullying and harassment –

  • Be stable and take care of your mental health.
  • Speak up and address your issue directly.
  • Try solving issues with direct communication but if it’s more than that report immediately
  • If it is Physical harassment, file an FIR and seek police help. Also there are various laws that can help someone and report these issues.
  • For Physical Harassment at workplace (which may involve threats or physical attacks) – Physical harassment and threats to bodily injury are criminal offenses and are punishable under Indian Penal Code, thus one can approach the police for filing FIR.

Some Other Laws Relating To Bullying And Harassment Are –

For Sexual Harassment at workplace Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 plays an important role. Apart from that it’s a criminal offense under Indian Penal Code.

For Harassment through discrimination at workplace – It will depend on what kind of discrimination is being referred to:

  • Disability – The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995
  • Pregnancy – The Maternity Benefits Act, 1961
  • Religious/Race/Caste – Constitution of India
  • Inequality/Unequal remuneration – Code on Wages, 2019 / Equal Remuneration Act, 1976

In cases of harassment caused through unreasonable Deduction of Wages – Code on Wages, 2019 / Payment of Wages Act, 1936.

For harassment caused through unreasonable employment terms – Industrial Disputes Act, 1947

Bullying in School/Colleges

Bullying & harassment is not only limited to organizations & institutions,  Schools & colleges are places where bullying is prohibited but still practiced by many. School & college bullying can impact somebody’s whole life. There are several cases where this bullying led to even suicides. Bullying makes an individual under confident, and can face hurdles in personality development. If you’re somebody who experienced bullying or Harassment in these institutes then you already know the traumatic suffering & unable to talk about it is another dilemma.  In 2019, about 22 percent of students ages 12–18 reported being bullied at school (Source : NCES). Additionally We have no idea of the ground reality of these crimes & discomfort because many hundred cases go unreported.

Although nowadays Institutions are serious Towards this kind of act. Various policies & punishments introduced by institution’s helped in minimizing these types of crimes. The 2019 Youth Risk Behavior Surveillance System (Centers for Disease Control and Prevention) indicates that, nationwide, 19.5% of students in grades 9–12 report being bullied on school property in the 12 months preceding the survey. (Source – Stopbullying.gov). This data shows how frequent these activities are happening. So We all have to be serious about it. Mental Health is of utmost importance, if your child is suffering from mental health issues then try talking to them, try to be a responsible adult because all these bad experiences can lead to downhill in their life.

Conclusion

Bullying & harassment is a major concern.  It impacts the person in many ways. It can be a hurdle in personal growth, low self esteem and Demotivation. so it’s important to check the company’s policy before joining them in the case of Workplace. BE Aware, use &  manage your right and responsibility to protect yourself from all the discomfort While In case of schools & colleges, must look into the policies & protection efforts done by Institutional Management. Instituions should take steps to enforce Anti-ragging acts. So Students can feel comfortable & secure in that environment. We should advice children to approach a reliable adult if they or someone they know is facing bullying. Even if the adult is unable to personally resolve the issue, they can still offer support, and counsel. If the youngster witnesses bullying, encourage them to report it. 

Bullying & Harassment is a serious crime & one should never show casualty. Understand the discomfort & take stand against these & if you alone can’t fight it, Seek professional help & at least talk about it to your comfort person.

Written By – Shivangi Yadav

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