Author: Rinki Saha, V Year of B.A.,LL.B(Hons.) From Adamas University, Kolkata.
Co-author-1: Abhishek Chatterjee, V Year of BBA.,LL.B(Hons.) From Adamas University, Kolkata.
Co-author-2: Shreya Chatterjee, V Year of B.A.,LL.B(Hons.) From Adamas University, Kolkata.
INTRODUCTION
Internet and communication technology became a part of life for every child and young adult. Sometimes they are using this thing for a good way and bad way as well, good way like education purpose and bad way like cybercrime, here will talk about one of that crime which is cyberbullying.
In this modern era society developed internet system developed and this kind of crime also increasing, bullying is a big problem for youth, children, because they use a new technology that permits the distribution of communication.
Cyberbullying is a very common crime now a day, cyberbullying means intentionally insulting, harassing, deformation of people by communication. Cyberbullying this crime happen through internet and communicational device. “Especially cyberbullying happens among children and young adults, most of them we see that victim and perpetrator know to each other. Cyberbullying usually starts from close environments like schools, residential areas, ethnics communities, cyberbullying commit by strangers is a very rare case.”
CAUSES AND EFFECTS OF CYBER-BULLYING
Some people may not feel powerful enough in schools, colleges, or even at home, and cyberbullying serves as a demonstration of their strength. One of the reasons is a lack of understanding of the action's effects and nature. Anger, irritation, boredom, and a need to laugh are some of the reasons. People engage in cyberbullying to fulfil themselves since they only need to use their phone or sit in front of their computer to bully someone on the internet with a simple click, and they enjoy seeing others in difficulty and being harmed. Many people engage in cyberbullying in the hopes of bolstering their social status and becoming more popular by defaming others, making false comments, gossiping, spreading rumors, and so on.
Bullies usually neglect the notion that their actions may have long-term consequences for the person who is being bullied.
Some of the negative impacts that a person has to cope with while dealing with cyber-bullying are that it lowers the victim's self-esteem, there is a propensity for retreat, the victim feels exposed and damaged, it causes shame and can lead to despair. It can also lead to drug or alcohol abuse, as well as a change in personality and a lack of interest in previously enjoyed things/activities. It can also result in major and irreversible changes in the lives of the victims and their loved ones, such as self-harm or even suicide.
CASE LAWS IN INDIA
The case, Hareesh vs. State of Kerala, “involved the applicant creating a phony Facebook profile, posting modified indecent images of the victim online, and posting her phone number alongside the said obscene post to allow outsiders to contact her. Following that, the applicant anticipating arrest filed an anticipatory bail plea for offences punishable under Section 354(D) of the IPC and Sections 67 and 67E of the IT Act. The motion for anticipatory bail was denied by the Kerala High Court on the grounds that the documents on record confirmed the applicant's involvement in the crimes and it would be improper for the court to interfere with the investigation.”
In the case of Jitender Singh Grewal vs. The State of West Bengal, “the defendant created a false Facebook account for the victim and used it to post obscene images of her. He filed a bail application after the authorities charged him under Sections 354A/354D/500/509/507 of the IPC and Section 67A of the IT Act. The accused's bail motion was denied by the trial court, and the decision was affirmed by the Calcutta High Court.”
Ritika Sharma’s case, Ritika Sharma (not her real name), a student at a prestigious Delhi school, reported to the police after being stalked by a Facebook user she had befriended a month before. She had given the man her cellphone number, which was later discovered to be a bogus name, photo, and phone number. Experts believe cyberbullying and cyberstalking are becoming a daily concern for the city's students, with people harassing or stalking them via electronic communication such as email, social networking, and texting.
The Delhi Police Department has been launching cyber safety awareness programs in schools, instructing pupils to avoid disclosing personal information online to strangers. The Delhi Police Department has been launching cyber safety awareness programs in schools, instructing pupils to avoid disclosing personal information online to strangers.
LEGAL PROVISIONS
In India, there is no particular statue which manages the cyberbullying issue. Notwithstanding, some current laws which assume part in this issue are the Information Technology Act. This Act actually gives relief against something similar, some vital provisions of IT Act which manages cyberbullying.
SECTION 66A: It provides punishment for “sending offensive messages through communication services. This section provides the opportunity to victims of cyber harassment to obtain instant relief against such offenses.”
SECTION 67B: It provides punishment for “Punishment for publishing or transmitting material depicting children in any sexually explicit act, etc. in electronic form.”
SECTION 66C: It provides punishment for “identity Theft.”
SECTION 66D: It provides punishment for “Cheating by personation by using the computer resource.”
SECTION 66E: It provides punishment for “violation of privacy.”
SECTION 72: It provides punishment for “breaches of confidentiality and privacy.”
Indian Penal Code 1860 likewise gives a few reliefs against such abusive acts or a act which shocks the humility of women. The Amendment Act of 2013, likewise present different offenses and furthermore made cyberbullying an offense. Some sections of IPC which manages cyberbullying are: -
SECTION 292A: It talks about “printing, selling, advertising grossly indecent or scurrilous matter or matters intended to blackmail.”
SECTION 354A: It talks about “making sexual colored remarks, guilty of the offense of sexual harassment.”
SECTION 354C: It talks about “cyberbully can be punished under this section for taking pictures can be held liable under this section.”
SECTION 354D: It talks about “stalking or attempting to contact women.”
SECTION 499: It talks about “sending defamatory messages by e-mail.”
SECTION 500: It talks about “email abuse.”
SECTION 503: It talks about “sending treating messages through email.”
SECTION 509: It talks about “word, gesture, or act intended to insult the modesty of women.”
SECTION 507: It talks about “criminal intimidation by anonymous communication.”
PREVENTION
Now a days, cyberbullying in common parlance, is becoming more widespread among teenagers and adults. The best way to prevent cyberbullying is to sensitize children about its negative effect. Every school should conduct a workshop on cyberbullying and be aware of this now days most children is in social media, so parents have to be more aware of this, and they should not allow their children to use social media and any communication application. Even they should monitor the online activity, which application they are using and also have to teach them not to reveal any information to any stranger that might be the effects of cyberbullying, even the parents have to monitor behaviour or attitude of the child.
TALK WITH TRUSTFUL PERSON, when you are being bullied or have been bullied and you need to come out from that and so you have to talk to someone to whom you trust like a teacher, parent. One should avoid thinking that they can't do anything, if you speak your parents or teachers, then they will be able to help you to overcome from this. Ignore the fear of getting embarrassed but what situation victim facing for that should consult a trustworthy person.
KEEP EVIDENCE, when the situation reached an aggrieved position for taking action all the evidence should be kept. Sometimes cyberbullies don't get the punishment that they deserve because of a lack of evidence.
PERCEIVE THE SCOPE OF CYBERBULLYING, parents have to be more aware, and knowing where it can happen is very important and they should know where they have to focus. Bullying is no longer practiced in school, playgrounds at a large number, but it has increased in digital on a social media platform. Now a days, almost all teenager can access the internet and process mobile devices, so from there bullying scope are very high. Parents need to monitor children's behaviour every time.
EDUCATE ABOUT CYBERBULLYING, knowing what cyberbullying is, and more about this growing problem, parents should be educated regarding this of their child. However, the truth is that both girls and boy both are bullies in the same rate. Learning these facts will help to better furnish their children who are being bullied.
CONCLUSION
Cyberbullying is a horrendous demonstration of maligning, following, annoying, tormenting, harming somebody over the web on a web-based media stage or some other online public discussion, with the assistance of simply a cell phone or PC and the web, which is effectively accessible to each and everybody because of outrageous progression in innovation, and it tends to be done even in the wake of being far away from the person in question. Cyberbullying is one of the offenses that can have an appalling shape in the near future and should be tended to quickly. If laws are not made soon then the casualties could increase more. Be that as it may, obviously, safeguards are superior to fixes, the understudies should be more mindful and need to utilize the Internet decidedly, they need to take safety efforts on their online media profiles.