Have you ever been bullied?’ – this is a question which a large majority of people will reply in the affirmative. As unfortunate as it may be, bullying is a malady which takes form as early as kindergarten and follows people well into their adulthoods – a trauma that many carry with themselves for the rest of their life.

The most common, and rampant, form of bullying these days is cyberbullying. Thanks to the easy access to cyberspace, and the anonymity it offers, nearly everyone prefers using this mode to share/post harmful, mean, or untrue information about others. Needless to say, this has become a serious problem – a fact that has been acknowledged by the existing Indian laws and legislations as well, which classify it as a cybercrime.

What is cyberbullying?

To understand the concept of cyberbullying, it is imperative to recognize how bullying in general manifests. The National Centre Against Bullying defines it as “…an ongoing and deliberate misuse of power in relationships through verbal, physical and/or social behaviour that intends to cause physical, social and/or psychological harm. It can involve an individual or a group misusing their power, or perceived power, over one or more persons who feel unable to stop it from happening.”

Similarly, cyberbullying may be defined as a form of bullying which takes place on a digital platform. This includes various social media sites (Snapchat, Instagram, Facebook etc.), SMS (text messages exchanged between cellular devices etc.), instant messaging applications (Whatsapp, I Message etc.) and even electronic mails. Some examples of cyberbullying are – sending derogatory/vulgar messages, cyberstalking, publishing humiliating content about the victim without their consent etc.

The most recent case in point is the debacle of the ‘Bois Locker Room’ – a horrifying scandal involving young boys and girls, who among other things, discussed how to commit rape, shared their distorted ideas regarding sexual relations with the opposite sex and expressed other such perverted tendencies, which have shocked the sensibilities of the society. While the police authorities are probing this case, things on the social media front have escalated to an extent that a 17-year-old boy committed suicide, after being publicly shamed, when an Instagram post was posted by a girl accusing him of molesting her. Besides that, various other chat rooms like the ‘Girls Locker Room’ have also been unearthed where young girls are openly passing homophobic slurs against boys and blatantly using sentences dipped in misandry, especially for those who rebuff their affections.

Unfortunately, such incidents of cyberbullying are only a minuscule tip of an enormous iceberg – one which is rapidly growing in tandem with the advances in technology.

How can a victim of cyberbullying seek help?

While India lacks specific laws against cyberbullying, there are still numerous legal provisions as well as government initiatives in place to help victims of cyberbullying – no matter if they are in schools, colleges, or professional workspaces.

The Information Technology Act, 2000, contains certain provisions which deal with cyberbullying. It provides protection against,

1. messages sent, via a computer or any other communication device, with the aim of offending, causing annoyance, injury, inconvenience etc.;
2. violation of privacy by transmitting an image of a private area of a person without their consent;
3. Transmission of material, which is obscene, sexually explicit or pertaining to child pornography, in electronic form.

The Indian Penal Code, 1860, on the other hand, provides protection in cases of defamation, sexual harassment, stalking, criminal intimidation via anonymous communication, which may take place on an online platform.

How to report cybercrimes

The government has taken various initiatives for people, especially women and children, to reach out for help and report instances of cybercrimes, including cyberbullying.

1. The National Crime Reporting Portal portal caters to complaints pertaining to cybercrimes with special focus on cybercrimes against women and children. Complaints reported on this portal are dealt with by law enforcement agencies/police based on the information available in the complaints. It may be accessed at https://cybercrime.gov.in/.
2. The Ministry of Women and Child Development have also created an email address for women and children to file complaints related to abusive behaviour, harassment, and hateful conduct on social media. Such complaints may be sent to complaint-mwcd@gov.in.
3. Victims may also approach the police officials and register a First Information Report (FIR) at the nearest police station.
4. In case of school/college going students, they may also approach the anti-ragging committee set up in their institute.

Written By: Juhi
About the Author
A lawyer by profession, Juhi often moonlights for fighting the good fight and spreading the word of law. On her off days, she usually gardens and catches up on her sleep.