Workplace Harassment And Violence: Occupational Safety And Legal Safeguards
- IJLLR Journal
- 2 days ago
- 2 min read
Poojal Joshi & Bhoomi Kapadia, KES' Shri. Jayantilal H. Patel Law College
ABSTRACT
Workplace violence has become a major concern that continues to affect employees in the health sector, corporate institutions, industries, and public services. It includes physical assault, verbal abuse, psychological harassment, sexual misconduct, cyber harassment, intimidation, and threats that violate the dignity, safety, and psyche of workers. While many incidents are reported, the majority go unreported due to fear of backlash, societal embarrassment, and job protection, or ignorance concerning available legal interventions. Most healthcare professionals receive a lot of aggression from patients and their relatives. This paper adopts a doctrinal research methodology and analyses workplace violence through constitutional provisions, statutory laws, and landmark judicial decisions in India. The legal framework consists of Articles 14, 15, 19(1)(g), and 21 of the Constitution of India which guarantee equality, nondiscrimination, right to profession, and right to life with dignity. Statutory protections under the Bhartiya Nyaya Sanhita (BNS), the Industrial Disputes Act, 1947, the Industrial Employment (Standing Orders) Act, 1946, and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) are scrutinized. The landmark judgment of Vishaka v. State of Rajasthan (1997) set the foundation for the POSH Act and institutional mechanisms such as the Internal Complaints Committee (ICC). Besides, the study categories workplace violence into criminal intent, service-user violence, worker-on- worker violence, sexual harassment, and cyber harassment with relevant cases’ examples. It also makes an assessment of the psychological, physical, social and economic impacts of such violence on individuals and organizations. The paper conclusion states that, India has a legal framework in place but need to effectively implement it, promote awareness, ensure institutional accountability and that there should be zero tolerance culture in workspaces to ensure safe and dignified working conditions for all employees.
Keywords: workplace violence, sexual harassment, employee protection, Abuse.
