Meghana Chowdary Dasari, BBA.LLB, Alliance School of Law, Alliance University, Bangalore
ABSTRACT
In its various forms, cyberbullying is common among children and adolescents/teenagers, and is encouraged by the increased use of technology. The effects of cyberbullying, particularly on mental health, may be severe, potentially leading to suicide in extreme cases. While it allows parents, schools and online social networking platforms to have a protected online environment, less is understood about the legal avenues that may be used to discourage or serve as a deterrent to cyberbullying. This paper aims to examine existing laws and the issues facing the establishment of cyberbullying legislation in India. In relation to cyberbullying, it is arguable that a variety of laws could be of assistance, namely Information technology act, 2000, UGC Regulations on Curbing the Menace of Ragging in Higher Education Institutions, 2009, Section 294– Obscene acts and songs etc. The primary law in India dealing with cybercrime and electronic commerce is the Information Technology Act, 2000 which is an Act of the Indian Parliament notified on 17 October 2000. However, the applicability of these laws to cyberbullying is subject to question, considering the lack of a consistent concept of bullying. It is especially challenging to create new legislation or to amend existing laws for a variety of reasons, namely: a lack of a clear concept of bullying/cyberbullying, a difficulty in assessing the intention to damage or proof of this, a lack of surveillance, A lack of general knowledge, jurisdictional problems, the role of technology and the age of criminal liability. This article elaborates and addresses these problems. A widespread problem is cyberbullying, but little is understood about its legality. A variety of provisions may cover cyberbullying with regard to the review of Indian legislation. Issues such as intent, evidence, authority, age and the function of technology are difficult. Current law should be updated to provide clarification and deterrence.
Keywords: Cyber-Bullying, Youth, Harassment, Mental Illness, Trauma
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