Heavy Workload & Erratic Schedule Can’t Be Considered As Abetment To Suicide By Boss: SC

The Logical Indian Crew India

June 29th, 2018 / 4:03 PM

Senior Suicide Due To Work Overload

Representational Image: CommlabIndia

The Supreme Court has ruled that superiors cannot be held responsible if an employee commits suicide because of heavy workload, as it can’t be assumed that he/she intended to harass an employee or force him to end his life.  

This ruling by the SC came as it rejected the argument of the Aurangabad bench of the Bombay HC that the officer should be held responsible even if there was no direct abetment because the stressful workload could lead to unbearable mental tension, as reported by The Hindu

As reported by Times of India, Kishor Parashar, who worked in the office of the deputy director of education in Maharashtra government, in their Aurangabad office, committed suicide in August 2017. His wife later complained to the police against her husband’s superior officer, accusing him of abetting the suicide. She alleged that the superior used to assign a heavy workload to Parashar, requiring him to work till late evening, which led to his mental breakdown and suicide.

According to the wife, the senior officer often mentally tortured her husband and regularly created extreme work conditions making it unbearable for Parashar. She also alleged that the officer stopped her late husband’s salary. Following the complaint, an FIR was lodged against the official, who later moved the local bench of the Bombay High Court to quash this FIR.

As per reports, on January 23, the Bombay High Court decided that the FIR could not be quashed and that the case should come under IPC Section 306. The HC observed that, although the senior officer didn’t have any such intention, cases where the victims are deliberately forced to work under extreme conditions which in turn force them to take extreme step as suicide, can come under the abetment of suicide.

After the HC observation, the senior official named in the FIR approached the Supreme Court. Nishant Katneswarkar, the Maharashtra government’s standing counsel, had appealed to the SC that the case should be dismissed as the senior officer had no intention to force the victim to commit suicide. The SC bench comprising of Justice Arun Mishra and Justice UU Lalit termed the HC observation as untenable and rejected the FIR. The bench said, “It is true that if a situation is created deliberately, to drive a person to commit suicide, there would be room for attracting Section 306 of the IPC (abetment to suicide). However, the facts on record in the present case are inadequate and insufficient (to reach that conclusion).”


Also Read: New Act Decriminalising Suicide, Humane Treatment For Mental Health Patients Announced By Centre


Contributors

Written by : Bindiya (Intern)

Edited by :

Share your thoughts..

Related Stories

Musahars Denied Healthcare Untouchables

Musahars Denied Healthcare Because They Are Considered Untouchables

Conflicting Message From Britain- Indian Students Welcome But Not Considered Low-Risk

Railway: Track Men Work As Domestic Help In Boss’ House; Officials Suspended

Pune Woman Commits Suicide After Receiving Obscene Messages, Calls From Boss

These Shows Are Considered Like A Stepping Stone For Your Kids To Build A Career In Fine Arts

Does Large Voter Turn Out Mean Anything At All? Is Elections A Benchmark For A Country To Be Considered As A Democracy?

Latest on The Logical Indian

My Social Responsibility

Diwali Everyday: This NGO Is Lighting Up India’s Villages With Solar-Powered Lamps

News

Two Months On, Farmers In Drought-Hit Maharashtra Yet To Receive Compensation

Fact Check

Fact Check: Man Claims To Be Uncle Of Child Priyanka Chaturvedi Tweeted Photo With

News

Dera Chief Gurmeet Ram Rahim And Three Others Get Life Term For Journalist’s Murder

News

First Dalit Akhara Head In Kumbh Mela Calls For “Gharwapsi” Of Those Who Left Hinduism

News

IISERs, IITs To Mentor Schools To Ensure Students Do Not Lag Behind: Prakash Javadekar

x

Stories that deserve attention, delivered to your inbox!

Handpicked, newsworthy stories which deserve the attention of a rational generation.