A Study Of The Existing Legal Framework In India To Address Bullying In Cyberspace

Avik Banerjee, Ph.D.(Law) Scholar at Raiganj University, West Bengal

ABSTRACT

India which is now home to over 143 Crores people1, has not only overtaken China to become the world’s most populated country, but it is also the country with the highest percentage of cyberbullying cases in the world according to all the recent global research studies2. The young generation is now highly exposed to social media and networking sites, which sometimes benefits them to overcome loneliness in life, but many a time they also fall prey to unwanted and unexpected harassment by users, thereby making them highly susceptible to activities like Cyberbullying. The victim may face various difficulties, including anxiety, fear, sadness, low self-esteem, behavioural problems, and academic struggles, and may even harm themselves to deal with their intense feelings. In extreme cases, they may even start to believe that committing suicide is the only option available to them. Cyberbullying is quite a neglected issue in India and it is getting worse with every passing day, however, there are no specific laws in our country to tackle this menace3. Cases are addressed by primarily applying few provisions of the Information Technology Act, 2000 which has not even defined ‘Cyberbullying’ as an offence, and few provisions of the Indian Penal Code, 1860 which are actually aimed at offline offences. In the present scenario, it becomes really important to study the current trends of cyberbullying in India and also analyze how the existing Indian legal framework is trying to tackle this ever-increasing menace.

Keywords: Bullying, Anti-Bullying Laws, Cyberbullying, Cyberspace, Online Abuse