If you are stuck in such a situation, here is what to do.

Mr. Anand Sharma has been a dedicated teacher at “Sunrise Public School” in the city of Vidyanagar for two decades. His commitment and teaching prowess are evident from his students’ performance, who consistently achieved perfect scores in Economics under his guidance. However, he is currently facing a deeply troubling and hostile work environment. The school’s in-charge, Ms. Priya Verma, appears to harbor professional jealousy towards him.

This situation escalated when, at the time Mr. Sharma was due for a promotion and a salary review, his core subject, Economics, was abruptly removed from the Grade 11 curriculum. It was replaced with an Art & Craft class, assigned to a different teacher. Consequently, Mr. Sharma, a senior educator with 20 years of experience, was demoted to teaching students in Grades 1 and 2. This move has not only caused him immense reputational damage but has also led to severe mental distress and depression. He is forced to endure daily taunts and disparaging remarks from both Ms. Verma and the school Principal, Mr. Rajesh Kapoor. The fear of losing his livelihood has left him feeling powerless and trapped.

Advice in such cases

• Document Everything: Keep a detailed log of every incident of harassment, including dates, times, locations, what was said or done, and who was present. Save all emails, official memos, and any written communication that could serve as evidence.

• Check the Rulebook: Review your employment contract and the school’s service rules or employee handbook. Understand the official procedures for grievance redressal, promotions, and disciplinary actions.

• Seek Medical Support: The mental and emotional toll of such a situation is significant. Consult a doctor or a mental health professional to address the depression and stress. Medical records can also serve as crucial evidence of the impact of the harassment.

• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

In such cases, relief is primarily sought under labour and service laws, but certain provisions of criminal law may also apply.

• The Industrial Disputes Act, 1947: This Act provides a mechanism for the investigation and settlement of industrial disputes. An unfair demotion, change in service conditions to the employee’s detriment, and actions amounting to unfair labour practices can be challenged under this Act before the Labour Court or Industrial Tribunal.

• School-Specific Service Rules: If the school is governed by specific state education acts or has its own established service rules, any action taken in violation of these rules (regarding promotion, demotion, or disciplinary action) can be legally challenged.

• Bharatiya Nyaya Sanhita, 2023 (BNS): If the verbal taunts amount to intentional insult with the intent to provoke a breach of the peace, or if there are threats that cause alarm (criminal intimidation), relevant sections of the BNS could potentially be invoked, although the primary remedy remains in labour law.

• Specific Relief Act, 1963: A civil suit could be filed seeking a declaration that the demotion is illegal and an injunction to prevent further harassment.

If you are the complainant

• Formal Written Complaint: Draft a formal, detailed complaint addressed to the highest authority in the school’s management, such as the Board of Trustees or the Management Committee. Clearly state the facts, the harassment faced, the unfair demotion, and the relief you are seeking.

• Gather Your Allies: Discreetly speak with colleagues who may have witnessed the harassment or are aware of your excellent track record. Their statements could be valuable later.

• Send a Legal Notice: Through a lawyer, you can send a formal legal notice to the school administration, outlining your grievances and demanding corrective action, such as reinstatement to your previous position and cessation of harassment, within a specified timeframe.

• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

• Prioritize Your Well-being: Your mental and physical health is paramount. Do not hesitate to take sick leave if the stress becomes unbearable. Continue seeking professional medical help.

• Avoid Knee-Jerk Reactions: Do not resign in a moment of frustration, as this may forfeit certain legal rights and benefits. Remain professional in your conduct despite the provocation.

• Create a Paper Trail: After any verbal altercation or meeting, send a polite, factual email summarizing the conversation to the concerned parties (e.g., “Further to our conversation today, I wish to confirm my understanding that…”). This creates a written record.

• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

In matters of workplace disputes like demotion or verbal taunts, the police are often not the first point of contact. Their jurisdiction is limited to criminal offenses. If you approach the police, they will likely hear your complaint but may advise you that it is a “service matter” or a “civil dispute.” They will direct you to approach the Labour Commissioner or file a case in the appropriate court or tribunal. Police will only register a First Information Report (FIR) if your complaint clearly discloses a cognizable criminal offense like criminal intimidation, assault, or intentional insult likely to cause a breach of public peace under the BNS.

FAQs people normally have

• Can my employer demote me or change my duties without a valid reason?
  No. An employer cannot arbitrarily demote an employee or alter their service conditions to their disadvantage without a valid, documented reason, such as proven misconduct or poor performance, and after following a fair procedure. A demotion as a form of punishment for no reason is illegal.

• Is mental harassment at work legally actionable in India?
  Yes. While there isn’t one single law for “mental harassment,” it can be addressed through various legal avenues. It is considered an “unfair labour practice” under the Industrial Disputes Act. If it leads to severe mental distress, it can be grounds for legal action, and compensation can be sought for the mental agony caused.

• What can I do if I am unfairly denied a promotion?
  If you can prove that you were eligible for a promotion, that there was a vacancy, and that you were overlooked in favour of a less deserving candidate for malicious reasons, you can challenge this action in a Labour Court or service tribunal. You can seek to have the promotion decision overturned and claim the promotion retrospectively.

What evidence is required?

To build a strong case, you will need to gather comprehensive evidence, which includes:

• Employment Documents: Your appointment letter, contract, past performance appraisals, and any letters of appreciation or awards.

• Proof of Performance: Records of your students’ high scores, testimonials from parents or students (if possible), and any other documentation proving your competence.

• Communication Records: All emails, text messages, official memos, and letters related to your duties, the curriculum change, and the demotion.

• Witnesses: Statements from current or former colleagues who can corroborate your claims of harassment and your excellent work record.

• Medical Records: Prescriptions, doctor’s notes, and psychological evaluation reports detailing the mental distress, anxiety, or depression caused by the work environment.

• Personal Log: A detailed diary of all incidents of harassment and taunts.

How long will the investigation take?

The duration of the process varies depending on the route you take:

• Internal Grievance Procedure: An internal inquiry by the school management may take a few weeks to a couple of months, depending on their internal policies.

• Labour Court/Tribunal: Legal proceedings in a Labour Court or Industrial Tribunal are more time-consuming. It can take several months for the initial stages and potentially a few years to reach a final decision, depending on the complexity of the case and the court’s workload.

• Civil Court: A civil suit can also be a lengthy process, often taking several years to resolve.

Advocate Sudhir Rao, Supreme Court of India