Abetment of Suicide – Applicability of Law in Suicide Cases at Workplaces

Abetment of Suicide - Applicability of Law in Suicide Cases at Workplaces

The increasing number of suicides at workplaces has highlighted the pressures and challenges employees face at the workplace. While these tragic incidents reveal personal struggles, they often drive an urgent and critical review of the workplace ecosystem and the possible contribution such a system may make to escalating mental health disorders. The paper examines the provisions within the Bharatiya Nyaya Sanhita, 2023 (BNS) regarding abetment of suicide at work and examines how workplace conditions can actually be a catalyst for such tragedies.

Understanding Abetment of Suicide in the BNS, 2023

The Bharatiya Nyaya Sanhita, 2023, treats suicide abetment under Section 118 which reads;
Whoever abets the commission of suicide, and the act of suicide is committed as a result, shall be punished with imprisonment which may extend to ten years, and shall also be liable to a fine. Abetment, as defined under Section 111, includes: 1. Instigation: Directly or indirectly provoking or inciting an individual to commit suicide.

2. Participation: Any act or incitement leading to or causing suicide. 3. Aiding: Rendering or offering intentional assistance or encouragement for the act.

To incriminate a person or organization for abetment of suicide, the causal linkage between their activities and the decision of the dead to end up his life should be decisive. Also, it should be proved that the abettor had intent to encourage, aid, or induce the aggravating conditions for the victim.

The Role of Workplace Ecosystems

Work places have considerable impacts on the mental and emotional wellbeing of employees. A positive, supportive work environment fosters growth and resilience, whereas a toxic or negligent environment can lead to high levels of stress, depression, or even suicide in extreme cases.

Contributing Factors to Workplace Suicides

1. Workplace Harassment and Bullying: Continuous harassment, verbal abuse, or humiliation can break down anyone's self-esteem and mental health.
2. Overwork and Unrealistic Expectations Long working hours, impossible targets, and pressure lead to burnout and hopelessness.
3. Discrimination/Exclusion-Site Based-Related to gender, caste, religion, or other factors, which alienates the employees and makes them low value.
4. Neglect towards Welfare of Employees: Weak mental health support systems, grievance redressal mechanisms, or sensitivity from the management exacerbates an issue with an employee.
5. Economic and Job Insecurity: Threats of job loss, no job security, or even coercion into unethical practices may be enough to make employees react in such extreme ways.

When such factors are left unaddressed, they create a toxic workplace culture that can contribute to mental health crises.

Applicability of the Law in Workplace Suicide Cases

The BNS, 2023, provides a robust framework to address abetment of suicide. However, its applicability in workplace-related cases requires careful consideration of the following aspects:

1. Establishing Abetment

The requirements of invoking Section 118 would be fulfilled only if the following is shown:
The accused, whether the individual or employer, actually committed acts of harassment, coercion, or negligence.
There existed direct and proximate causation between the circumstances at the workplace that led to suicide by the employee.
The accused intended to provoke or bring about impossible conditions.
Simply because an employee is exposed to an obnoxious or stressful workplace environment, does not make the employer or a superior automatically liable unless such actions are such that they reach the threshold of abetment.

2. Accountability of Employers

Under labour laws and related statutes, it is an employer's legal obligation to provide a safe and healthy work environment. Though negligence in dealing with harassment or discrimination, or mental health might not strictly fall under the head of abetment, such negligence can still expose them to liability for failure to maintain workplace safety under other sections.

3. Collective vs. Individual Responsibility

In workplace suicides, it is usually challenging to pinpoint a responsible party. Toxic culture may be a failure of an organization or a collective failure of several people. However, for purposes of law, individual acts of harassment or negligence that directly affect the victim have resulted in extreme distress are more likely to be tried under the BNS, 2023.

Challenges of Proving Abetment of Suicide

Workplace suicides offer peculiar challenges to the construction of abetment:

1. Intent vs. Impact: It is difficult to prove that their intent is to cause suicide for most workplace suicide cases in which abuse, harassment, and intimidation are subtle or systemic in nature.
2. Subjective Ability to Withstand Mental Stress: Every person is at a different level of tolerance; therefore, the cause of suicide can hardly be held as mainly caused due to working conditions.
3. Insufficient Evidence: Suicidal victims rarely leave suicide notes that prove their decision to end their lives due to causes originating from or related to the place of work.
4. Complex Interactions: Suicides often result from a combination of personal and professional stressors, complicating the attribution of blame.

Responsibilities of Employers and Preventive Measures
Employers play a critical role in preventing workplace suicides. Creating a supportive and inclusive work environment can significantly reduce the risk of such incidents.

1. Implementing Anti-Harassment Policies
There must also be tough anti-harassment, bullying, and anti-discrimination policies that must be communicated to all employees and insisted upon in practice.

2. Mental Health Awareness
Schools must offer or provide counseling services, offer stress management programs, and hold workshops to enhance mental health awareness.

3. Grievance Redressal Mechanism
There must be grievance redressal mechanisms established in schools.
A confidential and effective grievance mechanism can help employees voice their concerns without fear of retaliation.

4. Encouraging Work-Life Balance
Employers should discourage excessive overtime and ensure realistic performance expectations to reduce burnout and stress.

5. Conducting Regular Training
Training managers and employees on mental health sensitivity, workplace ethics, and conflict resolution can help create a more empathetic work environment.
Recommendations for Stiffening Legal and Workplace Frameworks .
Though the BNS, 2023, prescribes the framework regarding abetment of suicide, the tolling deaths at workplaces establish that more is required:

1. Workplace Obligations codification -
Provisionary laws addressing mental health at workplaces and harassment could be placed upon labor laws to make the employer even more responsible. 2. Forced Mental Health Policies
Workplaces should be compelled to have mental health policies with regular audits and mandatory reporting of incidents on harassment or discrimination.

3. Independent Inquiries
Suicides at workplaces should result in independent inquiries into the role of the conditions at the workplace and prescribe corrective measures.

4. Greater Awareness and Training
Its time for policy makers and employers to execute an increased awareness campaign targeting employees and management at workplaces about mental health and effects of toxic workplace practices.
Workplace suicides are an extremely tragic incident requiring introspection as well as action from all concerned parties. Though BNS, 2023, offers the legality to redress abetment of suicide, their application in the context of workplaces has conditions which demand delicate differential consideration between individual and systemic factors.
Employers must understand their part in the provision of a healthy and supportive environment by being proactive in eradicating workplace stressors and mental health issues. Legislatively and judicially, there needs to be adaptation of legal frameworks that reflect the complexities emanating from work place suicides.

It is only by concentrating concerted efforts combining legal, organizational, and societal intervention that such tragedies may be avoided and their notions of accountability given. Only then will the workspace be inclusive of all employees as it should be for their well-being.

Taking the First Step: A Consultation with Nyaya Astra

1. Understanding your legal options is crucial when dealing with Abetment to Suicide law issues. Nyaya Astra offers initial consultations to discuss your specific situation. During this consultation, we will:
2. Attend and Complete the initial stage to protect you and information from being harmed in another attempt of Perpetrators.
3. Listen attentively to your concerns and gather details about your initial situations and the case.
4. Explain the relevant laws and legal processes in a clear and understandable manner with the time line preferred to it.
5. Discuss potential solutions and answer your questions comprehensively.
6. Compliance and Advisory: We advise you on compliance with Abetment to Suicide laws and best practices to prevent future incidents.
7. Continuous Learning: We stay updated on the latest developments in Abetment to Suicide laws and technologies to provide the most current and effective legal advice.
8. Outline the fees and payment structure transparently.
9. By scheduling a consultation, you empower yourself to make informed decisions about your legal path forward. Nyaya Astra is there to guide you through every step and the processes, ensuring you feel supported and confident throughout your miserable journey.