ple answer for brainliest
Find out a real case of cyberbullying of a student in which the authorities handled the bullying incident effectively
summarise the steps they took for preventing cyber bullying
Answers
In India in the case of Vishaka v. State of Rajasthan[2], the Supreme first time dealt with issue of bullying and it laid down certain guidelines for the protection of woman employees from sexual harassment.[3] But it only dealt with bullying against men at workplaces. Further, there is a need to consider different types of bullying at workplaces. In the west bullying at workplace is recognized as violence in workplaces. Bullying can be in different subtle forms like invalid criticism, exclusion, false allegations, constant bantering, humiliation or unnecessary written warnings.
The most vulnerable to this plight are the subordinates in offices. This is a scenario in private as well as public sector. Most of the bullying is done by seniors, hierarchy plays a key role. To achieve targets supervisors have to force the employees to labor hard especially the young workers have to face most of the harassment due to higher expectations. Bullying and harassment at workplace lead to terrible effect on the health and well being and performance of the employees. In India, there is no special legislation against bullying at workplace.
Still, in India a worker can seek redressal under different provisions provided under the constitution of India, IPC, and C.P.C. The Indian Constitution under various articles provides labor rights. Though not in evident form but indirectly various articles protect the labour rights.[4] For instance, Article 14 of the Indian Constitution lays down the concept of Equality before law. In the case of Mewa Ram v. A.I.I. Medical Science[5] , the Supreme Court, held that
“the doctrine of ‘equal pay for equal work’ is not an abstract doctrine. Equality must be among equals, unequal people cannot claim equality.”[6]
Indian constitution through various articles21, 23, 24, 38, 39, 39-A, 41, 42, 43, 43-A and 47 provides an idea of what conditions should be provided by the employers.[7] However, some of these articles do not have binding effect which at instances hinders justice. Part 4 of the constitution talks about the duty of the state to promote social welfare and to make effective provisions for securing the right to work, providing education and public assistance in cases of employment, etc., which is subject to limits of its economic capacity, to make special provisions for just and humane condition of work and for maternity relief, etc.[8]
In the case of Consumer Education and Research Centre v. Union of India[9]
“Right to life includes protection of the health and strength of the worker is a minimum requirement to enable a person to live with human dignity. The right to human dignity, development of personality, social protection, right to rest and leisure are fundamental human rights to a workman assured by the Charter of Human Rights, in the Preamble and Arts.38 and 39 of the Constitution.”
Honorable Supreme Court laid emphasis on the Human Dignity of employees and it should be respected. However, after such precedents, we have cases like Pradhan v. State of Uttaranchal and others[10] and then Madan Mohan Singh v. State of Gujarat and another[11] and a close reading of these cases bring forth that the courts would be slow in holding such humiliations at workplace constitute abetment to commit suicide.[12] This again pose a necessity to legislate laws which define terms like “humility”, “harassment” and “administrative powers of superiors and their ambit”.
Further, article 23 acts as an shield preventing any form of forced labour and article 24 prevents employment of children below 14 years at hazardous places. Though, all these provisions under the Indian constitution protect interests of labor.[13] However there is a dire need for a specific legislation as it would bring clarity on different legal aspects of bullying, ease the judicial process as well lead to better working environment.