Mental Health at the Workplace: A legal perspective

Mental health has emerged as a crucial aspect of overall well-being, influencing individuals' personal lives and professional productivity. With increasing awareness about the impact of mental health on work performance, the importance of creating supportive work environments is being recognized globally. In India, where discussions around mental health are still evolving, the legal framework is beginning to address the necessity of mental well-being in the workplace. The Mental Healthcare Act, 2017 (“MHA”) was enacted by the Parliament to provide a rights-based framework for persons with mental illness, in pursuance of India’s obligations under the United Nations Convention on the Rights of Persons with Disabilities?(CRPD). While the MHA is a transformative leap, a myriad of challenges pertaining to mental health in the employment sector remain unaddressed.

Ensuring confidentiality for employees with mental health concerns, understanding the nuances of terminating employees in such situations and fulfilling responsibilities in accordance with the legislation are certain critical aspects that employers must be cognizant of to create a cohesive and an equitable work environment. This article explores the legal perspective on mental health at work in India, examining existing laws, recent developments, and the responsibilities of employers and employees.

The Legal Framework: Existing Laws

India's legal landscape concerning workplace mental health is still in its nascent stages. However, certain statutes indirectly address aspects of mental health:

1. The Constitution of India: The right to life and personal liberty under Article 21 has been interpreted to include the right to health, including mental health. The Supreme Court of India has recognized mental health as an integral part of the right to health, thus indirectly holding the state responsible for ensuring mental well-being.
2. The Mental Healthcare Act, 2017: This landmark legislation is pivotal in recognizing and safeguarding mental health rights. While not workplace-specific, the Act emphasizes the right to access mental healthcare, the right to live with dignity, and the right to protection from inhumane treatment. The Act mandates that persons with mental illness should not be discriminated against in employment.
3. The Rights of Persons with Disabilities Act, 2016 (RPWD Act): This Act broadens the definition of disability to include mental illnesses such as depression, bipolar disorder, and schizophrenia. It obliges employers to provide reasonable accommodations to employees with mental disabilities, ensuring they are not discriminated against or denied opportunities due to their mental health conditions.
4. The Factories Act, 1948: Though primarily focused on physical safety, this Act includes provisions for the welfare of workers, which can be extended to cover mental health under the broader interpretation of workers' well-being.

Recent Judicial Interpretations

The judiciary has played a crucial role in interpreting existing laws to include mental health within their ambit. Indian courts have increasingly recognized the importance of mental health in the workplace. In recent judgments, courts have held that employees should not be discriminated against based on their mental health conditions and that employers have a duty of care towards employees' mental well-being.

In a landmark case, Vikas Gupta v. State Bank of India & Ors. [1] the Delhi High Court emphasized that mental health conditions should be treated with sensitivity and that employees with such conditions should not be discriminated against. The case reinforced the idea that termination based solely on a mental health condition without reasonable accommodations or efforts to understand and support the employee would be seen as unjust and discriminatory under Indian law, particularly under the Rights of Persons with Disabilities Act, 2016.

In Jeeja Ghosh & Another v. Union of India & Ors [2] the Supreme Court emphasized the need for sensitivity and respect for the dignity of individuals with disabilities, including mental health conditions. The court underscored the importance of providing reasonable accommodations and ensuring non-discriminatory treatment, reflecting a broader interpretation that can be applied to mental health in the workplace.

Employees' Rights

Employees also have rights and responsibilities concerning mental health at the workplace. They have the right to:

1. Confidentiality: A person with mental illness has a right to confidentiality in respect of their mental health, mental healthcare, treatment and physical healthcare and the MHA binds all health professionals providing care or treatment to a person with mental illness, with a duty to keep all such information confidential which has been obtained during care or treatment. The Apex Court’s decision in?Justice K.S. Puttaswamy and Ors. Vs. Union of India (UOI) and Ors.[3], plays a significant role in determining the confidentiality rights of employees and the obligations of employers. In this case, the Apex Court held that the right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedom guaranteed by Part III of the Constitution. Further, In?Kaushal Kishore vs State of Uttar Pradesh & Ors.[4]., the Apex Court held that fundamental rights under Article 21 of the Constitution of India can be enforced even against persons other than the State or its instrumentalities.
2. Access to Support: Employees are entitled to seek reasonable accommodations and access support services if they are facing mental health challenges.
3. Non-Discrimination: Employees have the right to be free from discrimination or harassment based on their mental health status.

Employers' Responsibilities

Under Indian law, employers are gradually being recognized as having a duty of care towards their employees' mental health. This responsibility includes creating a supportive work environment, reducing stigma, and ensuring that employees have access to mental health resources. Key responsibilities of employers include:

1. Reasonable Accommodation: The RPWD Act mandates that employers must provide reasonable accommodations for employees with mental health conditions. This could involve flexible work hours, modified job roles, or the provision of additional support.
2. Non-Discrimination: Employers must ensure that employees are not discriminated against due to their mental health status. This includes fair treatment in hiring, promotions, and termination processes.
3. Awareness and Training: Employers are encouraged to conduct training sessions to sensitize their workforce about mental health issues. Awareness programs can help reduce stigma and encourage employees to seek help when needed.
4. Employee Assistance Programs (EAPs): Many companies in India are now offering EAPs that provide confidential counselling services, stress management workshops, and other mental health resources to employees

Termination of Employees

The knowledge of an employee’s mental health may lead to employers questioning the efficiency and performance of such employee at the first instance and may consider terminating such an employee. While there is no statute which expressly prohibits the termination of employees on the grounds of their mental health, however,?employers must recognize that an employee may be experiencing mental health issues or could be managing a mental illness and therefore, must be cautious before terminating employees due to their mental health concerns.

In case an employee is determined to be “mentally ill” under MHA, such employee may be categorized as a?person with disability?under the Rights of Persons with Disabilities Act, 2016 (“RPWDA”). The RPWDA defines a person with disability as a person with long term physical, mental, intellectual, or sensory impairment which, in interaction with barriers, hinders his full and effective participation in society equally with others. Therefore, an employee suffering from mental illness or mental health disorder may be categorized as an employee with disability as long as such person fulfils the defining criteria under the MHA and RPWDA.

In?Ravinder Kumar Dhariwal and Ors. Vs. The Union of India[5],?while dealing with the matter of disciplinary proceedings against a CRPF employee who acquired mental illness during the course of employment, the Apex Court held that the disciplinary proceedings were discriminatory and violative of the RPWDA. In addition to the analysis of the provisions of MHA and RPWDA, the Apex Court emphasized that all employers must be cognizant of the role mental health disorders play in cases of alleged misconduct and consider it a mitigating factor even if the mental health disorder is not incapacitating.

In light of the aforementioned, it can be stated that initiation of misconduct proceedings/disciplinary proceedings against employees with mental health concerns, for terminating such employees is a facet of indirect discrimination. Employers must be sensitive to how an employee’s individual capabilities can be accommodated and a blanket approach to disability related conduct may not suffice in courts to show that the employer has discharged its individualized duty to accommodate the employee prior to termination. The employer must take an employee’s individual differences and capabilities into account. While mental health disorders/mental illness may diminish the control an employee has over their actions, it does not necessitate that such employee has completely lost the ability to comply with acceptable standards of workplace conduct. [6]

Conclusion

Mental health at the workplace is gaining recognition in India, both in terms of societal awareness and legal obligations. While the legal framework is still developing, significant strides have been made, particularly with the Mental Healthcare Act and the RPWD Act. Employers are increasingly being held accountable for the mental well-being of their employees, and employees are becoming more aware of their rights.

However, there is still a long way to go in creating truly supportive and inclusive work environments. Moving forward, it will be essential to enhance awareness, reduce stigma, and ensure the effective implementation of laws to protect and promote mental health in the workplace. The development of specific legislation addressing workplace mental health could be a crucial step in this direction, ensuring that mental health is given the priority it deserves in the Indian workplace.

[1]?WP (C) 3458/2018

[2] (2016) 7 SCC 761

[3]?(2017) 10 SCC 1

[4]?(2023) 4 SCC 1

[5]?(2023) 2 SCC 209

[6] Mental Health at the Workplace: Ahlawat Associates

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