Anti Bullying Laws
Pavan Duggal Cyber Bulling Lawyer

Anti-bullying Laws for Schools, Colleges and Cyber Identity are not so clear to people. Bullying is used typically to force any one to do anything using superior strength or intimidate someone. Since decades people are falling prey to bullying, not only in school but even in colleges there are bullies who love to make fun of his/her mates.

 

Anti-Bulling-Law-Quotation-Lynette-Mather

 

Bullying Timelines:

What they didn’t realize is that they are not only causing physical harm to the victim but he also suffers from emotional or mental trauma. From being pushed on the playgrounds and torment in the classroom many people must have experienced it and think this is no big deal to create an issue out of it.

In the fast paced world with all the new technologies and inventions to make life comfortable day by day. The internet has taken the bullying to the next level.

There is a serious need to have a strong legislation on Anti-bullying laws in India. Government of India is taking steps to conquer bullying in school, colleges and in internet.

Anti-bullying Laws in Colleges:

Government of India in order to stop bullying has enacted a regulation called “UGC Regulations on Curbing the Menace of Ragging in Higher Education Institutions, 2009” which has been applied to all the colleges or higher education institutions.

Objective:

The objective of the regulation clearly states

“to prohibit any conduct of any student whether by words or written or an act which has an affect of teasing, treating or handling with rudeness a fresher or any other student, or indulging in rowdy or indiscipline activities by any student or students which causes or is likely to cause any annoyance, hardship or psychological harm or to raise fear or apprehension thereof in any fresher or any other student or asking any student to do any act which such student will not in the ordinary course do and which has the effect of causing or generating a sense of shame, or torment or embarrassment so as to adversely affect the physique or psyche of such fresher or any other student, with or without an intent to derive a sadistic pleasure or showing of power , authority or superiority by a student over any fresher or any other student; and thereby, to eliminate ragging in all its forms from universities, deemed universities and other higher education institutions in the country by prohibiting it under these Regulations, preventing its occurrence and punishing those who indulge in ragging as provided for in these Regulations and the appropriate law in force”. [1]

Reference: [1] Section 2 UGC Regulations on Curbing the Menace of Ragging in Higher Education Institutions, 2009

Anti-ragging Laws :

Arresting: India’s anti-ragging laws lead to immediate arrests of those who are caught ragging.

FIR: The victim can avail thirteen provisions under Indian Penal Code if he has been ragged or bullied and can register an FIR (first information report) in the police station under the area where the crime has taken place. The person can apply various Indian section of Laws.

Reference: [2]www.stop-ragging.blogspot.in/2005/03/ragging-and-indian-penal-code.html?m=1

Section 294– Obscene acts and songs

Section 339– Wrongful restraint

Section 340– Wrongful confinement

Section 341– Punishment for wrongful restraint

Section 342– Punishment for wrongful confinement

Section 506– Punishment for criminal intimidation

 

Extreme Violence:

When there is a case of extreme bullying or ragging that includes extreme violence:

Section 323– Punishment for voluntarily causing hurt

Section 324– Voluntarily causing hurt by dangerous weapons or means

Section 325– Punishment for voluntarily causing grievous hurt

Section 326– Voluntarily causing grievous hurt by dangerous weapons or means

 

In a case where victim has lost his/her life:

Section 304– Punishment for culpable homicide not amounting to murder

Section 306– Abetment of suicide

Section 307– Attempt to murder

However these UGC anti-ragging measures and the laws of IPC are not applied to schools.

Anti-bullying Laws in Schools:

Former HRD minister formed a committee of academic and mental health experts to analyze ragging in schools and measures to stop it.

CBSE School Bullying Protection Law:

With the increasing events of bullying and cyber crime, the CBSE guides all its affiliated schools to follow following guidelines:

Form a Committee: A committee which deals with case of bullying and ragging.

Ragging In School: If any student is found ragging or bullying will be a given a written warning and the consequence can also lead to rustication of the particular student.

School Notice Board: Put a notice on a display board warning students of strict action taken if anyone found ragging or bullying someone.

Committee Members: Committee members should include the vice- principal, a senior teacher, doctor, counselor, parent-teacher representative, school management representative, legal representative and peer educators.

According to Times of India there is no strict legislation of anti bullying for schools and boarding hostels.

Cyber-bullying Laws:

Cyber bullying is defined as ‘the use of electronic communication to bully a person, typically sending messages of an intimidating or threatening nature’. [4]

Reference: [4] Oxford dictionary

Different Type of Cyber-bullying:

  • Posting humiliating pictures of the victim.
  • Hacking the victim’s account.
  • Sending or posting mean and vulgar messages online.
  • Threats of violence.
  • Phone calls by stalker.
  • Threats of child pornography.

After Effects: The victim can also observe threats of violence or phone calls by stalker or threats of child pornography.

Laws to Prevent Cyber Laws Bullying India:

Supreme Court’s cyber law expert, Pavan Duggal said that, “Currently there are no laws in India pertaining to cyber bullying. It is indeed correct that there have been reports of a couple of suicides having been committed by individuals due to cyber bullying. Cyber bullying is also taking serious roots in India. This is also so given the pent- up tendency amongst people in this part of the world to give vent to their suppressed feelings”. [5]

Reference: [5] http://www.ciol.com/india-lacking-laws-curb-cyberbullying/

What Action Can be Taken by a Cyber-bullying Victim:

When a person is being a victim of cyber bullying he can file a complaint under Indian Penal Code. Under I.T. Act, 2000 the victim can apply for two kinds of offences Section 67 of punishment of information which is obscene and breach of confidentiality.

Clearly India is lacking to curb these problems and definitely needs a new and separate law that deals with bullying and ragging of different forms. Colleges and schools should also punish the bully rather than just ignoring them or giving warnings. Colleges and school should give severe, harsh punishment to bully to give the victim justice.

Would you like to share any experience of bullying you have faced? What kind of anti-bullying measures do you think India needs ?

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