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Aashish George (lawyer)     18 May 2012

Mental harrasment

respected member,

 

i have a question on which i would kinldy request u all to put some lights on. one of my clients came to me and she being an sc/st is being harrassed by her boss who does not approve of her love with a boy with another cast. she (her boss) and other seniors are planning and scheming againts her and harrass her with various comments regarding her personal life not only this they have brought her to the point where she has gone into depression.

due, to her love for a man in other cast she has been suffering with alot of problems in her home and now the work place people are also trying to break her spirit. her boss called her in the office and told her that she does not want to keep a girl of her status and character but since she has a contract she is staying.

they are implicating her in false mishaps and making her sign warning letters and forcefully extracting explanantion which they have mentioned will be used against her just in case she files a case against them.

she needs this job since in her profession in order to get into a reputed hospital she needs atleast one year experience but by the look of how things are moving the administration and espically her boss and her former principal are making sure that she does not complete the mark.

is there any provision in ipc that can protect her? is there any provision besides writ petition that i can use to save her? what does she needs to do in order to prove harrassment and that she is being forced and taunted for her professional life? can the office personal have the authority to interefere with a persons personal and private life? i dont think office people have any bussiness in doing such things. can u help me in guiding her?



Learning

 7 Replies

cyberlawyer (barrister)     18 May 2012

she being a major, she has the right to marry anyone and her parents themselves are precluded from interfering in her personal life. The so called BOSS has nothing to do with the love affair of her employee  (even if she is married and having illicit relationship with someone). I think that BOSS must be mentally affected, may be it can be love failure or she must be a person who gives much importance for caste

. In such a situation its better to quit the job and seek another. Because it is in the hands of the BOSS who must decided whether to interfere in her employee's personal life or not. At the most If there is any superior to her in the concern, she can take this issue before him.

Even if there is any provision in the IPC how can she instituite proceedings against her own BOSS and work under her ?.

This is my opinion and i am open to corrections by other members as well...

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     18 May 2012

Dear Ashish, 

You've not mentioned whether it's a private employer or a government one. Though we are at much strongre grounds in latter. former also cannot act at per his whims and fancies. Institute appropriate proceedings against the employer under SC/ST Act. Don't be afraid of she working under teh same people - any arbitrary dismissal would be breach of contract - and entitle her to remedies. 

Kumar (Family CEO)     18 May 2012

Aashish

I can equip your client with valuable audio and video recording devices which she can wear under her clothes and preserve evidence.

 

The employer can always build a case of poor performance and other extraneous grounds to terminate her employment.

 

The body wearable device will cost Rs 2000.

PM me if interested.

Adam 

Aparna Sethi (Assistance Manager)     18 May 2012

I need help with regards to the various steps/laws/councelling that I can undertake for my mother who is undergoing extreme mental and physical stress which is caused by my father and sister in law. It's been 3 years and I have got to know lately speaking to my mother the kind of foul language, abuses, threats she has been getting from my sister in law over petty issues in house. My father is a patient of depression and scared about getting involved in dowry case, therefore, does not listen to what trauma my mother is under at the moment and the issues in house needs to be address. I have consulted a lawyer and do understand the fact completely that I should have no involvement to my brother's personal life and should not interfere. However, being a daughter I am really concerned about my mother's health and life as lately she has been threathend numerous times about being thrown out of the house by my father and file a case against her regarding theft. My sister in law has openly threathend to give her poision or stab her to death. The basic problem that is caused is because of her insecurity about me taking the money or house in my name and that I should completely cut off from my mother and father. I did not want to get into too details but I am just looking for some help, thoughts that you can provide of how I can ensure my mother's safety and health. I am planning to call her at my house with my husband's consent and support and she can stay with me to live peacefully. However, my father has messaged me before that he would not allow this ever. Please help. 

Aashish George (lawyer)     19 May 2012

1st of let me thank you all for the reply. but here is the deal, she is working in a private but well established hospital and also, she was being force to resign today which she did not as she asked her boss directly that her personal life has nothing to do with her professional life.

they have taken away her phone, have told her that she cant go out and meet the person she is in love with till the time she does not give in writting that she does not want to work here. they also forbidden her to make contact with anyone from outside and have warned her that if she goes out the she will suffer the consequences of her action.

the people included in this entire operation are her former principal, two supervisors, nursing suppt..all are forcing her to quit her love and marry in her own cast and all this is happening in a delhi based hospita. in this day an age this is unheard off!

not only that this is a clear voilation of her fundamental rights and these people shud be made examples off.

Aashish George (lawyer)     19 May 2012

the sad part is that they have even forbidden for me to go and meet her, as they dont want any law an order issue. therefore i cant even file an appropriate writ in this regard to save her. the condition that he sadistic boss has kept is that fact that either she resigns and goes home or she gives it in writting that she has nothing to do with her family anymore.

no boss or person of a private institution or an employer cant ask an employee to do all this. the poor thing is on a verge of mental break down and has gone into depression. the pressure tactics are taking a toll on her and i am afraid that she wont make it. if that is the case then what can be done to save her and also if something terribly goes wrong with her who all will be held responsible?

Aashish George (lawyer)     19 May 2012

she does not want to work under her boss the only problem is that she has been studying there since 4 years and now she is a staff nurse and wants experience no hospital with good reputation will take her if she has no experience. therefore shs needs atleast 6 months of experience.

 


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