When a person is harassed repeatedly by being followed, called or be written to he/she is a target of :a) Bullyingb) identity theftc) Stalkingd) PhishingAlso, Give The Definitions of All The Four Options.
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This article is an endeavor to bring forth an overview of the state of Anti-bullying laws in India. These laws have been enacted to eliminate bullying in any form in different spheres like bullying at workplace, schools, cyberspace. That is why they are referred as “anti-bullying laws”. These are the key area of focus in this article. So far there are only some State laws which deal with bullying, however, there have been a persistent call for framing national law on bullying.
First, it is necessary to understand the term bullying. The Bar Association of India of India gave its definition as,
“Bullying means systematically and chronically inflicting physical hurt or psychological distress on one or more students or employees. It is further defined as unwanted and repeated written, verbal, or physical behaviour, including any threatening, insulting, or dehumanizing gesture, by a student or adult, that is severe or pervasive enough to create an intimidating, hostile, or offensive educational environment; cause discomfort or humiliation; or unreasonably interfere with the individual’s school performance or participation; and may involve but is not limited to: teasing, social exclusion, threat, intimidation, stalking, physical violence, theft, sexual, religious, or racial harassment, public humiliation, or destruction of property.”[1]
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.
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.
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Anti Cyber bullying laws in India
Cyber bullying is a practice that is causing hue and cry in the whole legal system but till date there are no special legislation to deal with cyberbullying in India. It is a new phenomenon which has arisen in this internet age. Cyberbullying can be defined as “The use of electronic communication to bully a person, typically by sending messages of an intimidating or threatening nature.”[14]. In India, there is no specific legislation which deals with cyber bullying but there are provisions like article 67 of IT Act which partially deal with such matters. Though, it was made to deal with matters related to e-commerce.
Cyber bullying can be in different forms, For example:
First, it is necessary to understand the term bullying. The Bar Association of India of India gave its definition as,
“Bullying means systematically and chronically inflicting physical hurt or psychological distress on one or more students or employees. It is further defined as unwanted and repeated written, verbal, or physical behaviour, including any threatening, insulting, or dehumanizing gesture, by a student or adult, that is severe or pervasive enough to create an intimidating, hostile, or offensive educational environment; cause discomfort or humiliation; or unreasonably interfere with the individual’s school performance or participation; and may involve but is not limited to: teasing, social exclusion, threat, intimidation, stalking, physical violence, theft, sexual, religious, or racial harassment, public humiliation, or destruction of property.”[1]
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.
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.
Click on the image for legal help
Anti Cyber bullying laws in India
Cyber bullying is a practice that is causing hue and cry in the whole legal system but till date there are no special legislation to deal with cyberbullying in India. It is a new phenomenon which has arisen in this internet age. Cyberbullying can be defined as “The use of electronic communication to bully a person, typically by sending messages of an intimidating or threatening nature.”[14]. In India, there is no specific legislation which deals with cyber bullying but there are provisions like article 67 of IT Act which partially deal with such matters. Though, it was made to deal with matters related to e-commerce.
Cyber bullying can be in different forms, For example:
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