Labour Laws Must Include Mental Health Protection
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Source: The post Labour Laws Must Include Mental Health Protection has been created, based on the article “Eliminating elitism in mental health” published in “The Hindu” on 4th February 2025.

Labour Laws Must Include Mental Health Protection

UPSC Syllabus Topic: GS Paper2- Governance-Issues relating to development and management of Social Sector/Services relating to Health.

Context: The article discusses the need to include mental health protections for blue-collar workers in India’s labour laws. It highlights gaps in existing laws, challenges workers face, and suggests policy changes to ensure their well-being, including employer responsibility and better awareness programs.

For detailed information on Issues with Mental Health and Mental Healthcare in India read this article here

Why Should Mental Health Be Included in Labour Laws?

  1. Mental health is important for workers, especially blue-collar workers.
  2. In 2024, the Economic Survey recognized mental health as an important factor for development.
  3. It reported that 10.6% of Indian adults suffer from mental disorders.
  4. The treatment gap is between 70% and 92% (National Mental Health Survey, 2015-16).
  5. The WHO identified job insecurity, poor working conditions, and excessive workloads as key mental health risks. These risks mainly affect blue-collar workers.

What Are the Gaps in Existing Labour Laws?

  1. No Recognition of Mental Health in OSHWC, 2020
  • The Occupational Safety, Health, and Working Conditions Code (OSHWC), 2020 focuses only on physical safety.
  • Section 6(1)(d) mentions a safe work environment but does not clearly include mental health.
  • Sections 23 and 24 define health only as physical well-being.
  1. Mental Health Not Covered Under CSC, 2020
  • Section 2(28) and the third schedule of the Code on Social Security (CSC), 2020 do not list mental health conditions as occupational diseases.
  • Workers must prove a direct link between mental illness and work, making claims difficult.
  • The Bombay High Court (1953) ruled that if work contributes to illness, it should be covered, but this is not reflected in the law.
  1. Unequal Mental Health Support
  • White-collar employees have structured mental health programs (Infosys’ HALE, Wipro’s Mitra, and TCS’ Employee Assistance Program).
  • Blue-collar workers lack similar protections and do not benefit from corporate mental health policies.
  • Government’s Tele Manas initiative exists but many workers are unaware of it or hesitant to use it.

What Can Be Done to Improve Mental Health Support for Workers?

  1. Enact a Mental Health Law – Labour laws should protect both physical and mental health (OSHWC, 2020 ignores mental well-being).
  2. Expand Occupational Disease ListCSC, 2020 should include work-related mental illnesses to reduce legal hurdles (Bombay High Court, 1953 recognized mental stress as an occupational risk).
  3. Employer Responsibility – Employers should provide mental health support like Infosys’ HALE Program, Wipro’s Mitra, and TCS’ Employee Assistance Program.
  4. Regulate Long Work Hours – CEOs promote 70–90-hour workweeks, affecting worker well-being.
  5. Increase Awareness – Employers must inform workers about Tele Manas.
  6. Recognize Blue-Collar Workers – Include them in mental health policies.

Question for practice:

Examine the challenges blue-collar workers face due to the lack of mental health protections in India’s labour laws and suggest possible solutions.


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