#BullyingIsNotOK: What Does The Indian Law Say About Bullying?

New Delhi: Bullying begins at childhood. But it does not end with childhood. Often, it goes on until adulhood. A survey, conducted by Microsift, revealed that 53% of children have been bullied in India in different ways.

The bar association of India defined bullying as “Systematically and chronically inflicting physical hurt or psychological distress on one or more students or employees.”

Raghavan Committee Report

The report released in 2007, made various recommendations related to ragging and bullying in schools and colleges. This report categorised ragging as an abuse of human rights. Following this report, various laws and regulations have been issued to curb this menace.

Bullying in schools

A) Appointment of committee: The Central Board of Secondary Education (CBSE) ordered the setting up of Anti-bullying committees in 2015, by issuing guidelines for the prevention of bullying and ragging in school. Various methods to curb this threat, recommended by the committee is warnings, suspension, rustication expulsion. This circular suggests that anti-bullying committees be set up in schools.

B) Counselors: This circular suggests that counselors be engaged in schools where students have complained of bullying. A trained counselor can better handle this peril and sensitive matters.

C) PTA Meetings: Family background has a lot of influence in the case of bullying. In the case where the child has complained about the instances of bullying in school, it is necessary if the parents of such child who is involved in bullying or is being bullied into going and speaking to the teacher and the parents of the other child at the first step. This can may a transformation in a child’s school life and future.

Ragging in college

A) UGC Circular: In 2009 an anti-ragging circular, “UGC Regulations on Curbing the Menace of Ragging in Higher Education Institutions, 2009” was issued and applied in all institutes of higher education. To address the brutal ragging faced by college students. There is an exhaustive definition given of ragging and also calls up for setting up an Anti-ragging Squads. This has lead to the regulation of ragging; however, the same cannot be completely curbed.

B) Provisions of IPC: Most college-going students who had been alleged to commit an act of ragging in juniors are over the age of 18 and are considered to be adults in the eyes of the law. Thus, the consequences of criminal acts committed by them would be governed by the Indian Penal Code. Broadly following are the relevant provisions of IPC under which they can be found guilty.

Section 506- Punishment for criminal intimidation

Section 323 to 326, causing hurt and grievous hurt and their respective punishments.

Section 304- provisions of culpable homicide will be applicable in case of death of the victim.

Section 306- Abetment of suicide.

Section 307- Attempt to murder.

Cyberbullying

CBSE Circular also recognizes cyber-bullying as a form of bullying. It can be defined as the use of electronic communication to bully a person, typically by sending messages of an intimidating or threatening nature.

Source: LegoDesk

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