Legal Framework For Mental Health In Indian Workplaces: Rights And Responsibilities
- IJLLR Journal
- Jun 19
- 2 min read
Zia Khan, Amity Law School, Noida
ABSTRACT
This article critically examines the legislative framework controlling mental health in Indian workplaces, a topic that is becoming increasingly relevant as employee stress, burnout, anxiety, and depression rates rise. While physical safety is rather well-regulated under Indian labor laws, mental health remains a huge underserved area, with no single, comprehensive act explicitly guaranteeing psychological safety in the workplace. The article examines major constitutional provisions, including Articles 21 and 42, as well as the Mental Healthcare Act of 2017 and the Rights of Persons with Disabilities Act of 2016, which indirectly contribute to mental health protections but do not impose specific requirements on employers.
Through a careful review of statutory law, judicial precedent, and policy instruments such as the Occupational Safety, Health, and Working Conditions Code, 2020, the essay highlights the fragmented character of existing regulations and emphasizes the need for a more comprehensive approach. It reveals crucial deficiencies such as a lack of awareness, implementation problems, pervasive stigma, and the absence of legally binding norms. The paper also discusses employees' rights, such as the right to non-discrimination, reasonable accommodation, and access to mental healthcare, as well as employers' responsibilities, such as creating a psychologically secure environment while conforming to labor rules and corporate social responsibility norms.
Finally, the article advocates for systemic reforms such as the implementation of dedicated legislation addressing mental health at work, mandatory Employee Assistance Programs (EAPs), the incorporation of mental health safeguards into occupational safety laws, structured leadership sensitization programs, and periodic mental health audits. These policies, when implemented with accountability and enforcement, can close legal and institutional gaps, making Indian workplaces safer, more inclusive, and compassionate.
