In India, peer victimization is very common, but there is still very little awareness about this topic. Peer victimization, often referred to as bullying, includes verbal, physical, social, and even cyber harassment among children and adolescents in schools, colleges, and other social settings. While the psychological and emotional effects of victimization are well documented, the legal framework to address such issues in India remains fragmented and underdeveloped.
Despite several reports of bullying and harassment in educational institutions, there is no dedicated anti-bullying law in India. However, various legal provisions under the Indian Penal Code (IPC) or Bhartiya Nyaya Sanhita (BNS), Juvenile Justice Act, Information Technology Act, and certain guidelines by educational bodies help in addressing different forms of peer victimization. This topic explores the legal landscape surrounding peer victimization in India and the challenges in enforcing protective measures.
Introduction
Do you know in India, every individual experience peer victimization in schools, leading to serious psychological, academic, and social consequences? Peer victimization is a significant issue in educational settings, referring to the systematic bullying, harassment, or mistreatment of one student by their peers. It can take various forms, including physical aggression, verbal abuse, social exclusion, and cyberbullying. The impact of peer victimization can be severe, leading to psychological distress, academic decline, and, in extreme cases, self-harm or suicide. While it is a global issue, the Indian context presents unique challenges due to social hierarchies, academic pressure, and digital expansion.
In India, the growing concern over bullying in schools and colleges has prompted legal and policy measures aimed at preventing and addressing peer victimization. However, the legal framework remains fragmented, with no specific central law dedicated solely to bullying or peer victimization. Instead, various laws, guidelines, and judicial interventions contribute to addressing this issue.
What is Peer Victimization?
Peer victimization refers to repeated and intentional harm inflicted by one or more peers on an individual, often in social settings like schools, colleges, or online platforms. It is a form of aggressive behavior where the victim is unable to defend themselves effectively due to a power imbalance. It is generally somewhat different from bullying. While bullying and peer victimization are often used interchangeably, bullying is a subset of peer victimization that involves intentional, repeated harm with a power imbalance. Peer victimization is a broader concept that includes one-time incidents or even unintentional harm.
Types of Peer Victimization
- Physical Victimization: It involves direct bodily harm such as hitting, pushing, kicking, or destroying someone’s belongings.
- Verbal Victimization: It includes name-calling, teasing, insulting, or making threats.
- Relational (Social) Victimization: It involves excluding someone from social groups, spreading rumors, or manipulating friendships to harm the victim’s social status.
- Cyber Victimization: It occurs through digital platforms, including cyberbullying, online harassment, spreading false information, or sharing private content without consent.
Effects of Peer Victimization
Victims of peer victimization may experience:
- Low self-esteem and emotional distress
- Academic difficulties due to stress and fear
- Anxiety, depression, and social withdrawal
- In severe cases, suicidal thoughts or self-harm
Legal Framework Addressing Peer Victimization in India
Now, You might be thinking that, is there any legal framework addressing the peer victimization in India? So the answer is YES. India has a legal framework that indirectly addresses peer victimization through various laws and guidelines. While there is no standalone anti-bullying law, several legal provisions help in dealing with different aspects of peer victimization in schools and colleges.
- Constitutional Provisions
The Indian Constitution guarantees several fundamental rights that indirectly address peer victimization:
- Right to Equality (Article 14): It ensures that every individual is treated equally before the law, protecting students from discriminatory bullying or harassment.
- Right to Life and Personal Liberty (Article 21): It includes the right to dignity, safety, and protection from mental and physical harm, which is relevant in cases of severe peer victimization.
- Right Against Exploitation (Articles 23 & 24): It prohibits human trafficking and forced labor, which can be extended to protect students from extreme forms of harassment or exploitation by peers.
- Juvenile Justice Act, 2015
The Juvenile Justice (Care and Protection of Children) Act, 2015, classifies bullying as a punishable offense if it involves serious harm or harassment. It provides for the protection of children who are in need of care and rehabilitation due to abuse, including bullying. Under this law:
- A child in conflict with the law (e.g., a bully engaging in criminal behavior) may face legal consequences.
- Schools and institutions are responsible for protecting students and reporting cases of victimization.
- Indian Penal Code (IPC) and Bhartiya Nyaya Sanhita (BNS) Provisions
Though the IPC or BNS does not explicitly define peer victimization, several sections apply to severe cases of bullying and harassment:
- Section 323 (Punishment for Voluntarily Causing Hurt): Used when physical harm is inflicted on a victim. If a student physically harms another (e.g., hitting, slapping, or pushing), they can be punished with imprisonment up to 1 year or a fine up to ₹1,000, or both.
- Section 122 BNS: Punishment remains 1 year imprisonment or fine up to ₹10,000, or both.
- Section 506 (Criminal Intimidation): Covers threats made to cause fear in a victim. If a student threatens another with injury or harm, they can face imprisonment up to 2 years. If the threat involves death or grievous injury, the punishment increases to imprisonment up to 7 years.
- Section 138 BNS: Punishment remains 2 to 7 years imprisonment, depending on the severity of the threat.
- Section 354 (Outraging the Modesty of a Woman): Applies in cases where female students face gender-based bullying or harassment. If a student inappropriately touches, harasses, or attempts to sexually humiliate a female peer, they can face imprisonment of 1 to 5 years along with a fine.
- Section 78 BNS: Punishment remains 1 to 5 years imprisonment and a fine.
- Section 509 (Word, Gesture, or Act Intended to Insult the Modesty of a Woman): Relevant for verbal and sexual harassment cases. It covers cases where a female student is harassed through words, gestures, or actions (e.g., stalking, catcalling). The punishment is imprisonment up to 3 years and a fine.
- Section 80 BNS: Punishment increased to 3 years imprisonment or ₹50,000 fine, or both.
- Protection of Children from Sexual Offenses (POCSO) Act, 2012
If peer victimization involves sexual harassment, assault, or abuse, the POCSO Act comes into effect. This law mandates strict legal action against minors or adults involved in sexually exploiting children, even within a school setting.
- Information Technology (IT) Act, 2000 (Amended in 2008)
With the rise of cyberbullying, the IT Act plays a crucial role in addressing online harassment. Relevant provisions include:
- Section 66A (Struck Down by SC in 2015): Previously criminalized offensive online messages but was removed due to concerns over misuse.
- Section 67 (Publishing or Transmitting Obscene Material in Electronic Form): Addresses cases where students share inappropriate or harmful content online to victimize peers. Punishment remains up to 5 years imprisonment and ₹10 lakh fine for violation of this provision u/s 164 of BNS.
Committee Recommendations and UGC Guidelines on Ragging
The Raghavan Committee, established in 2006 under the directives of the Supreme Court of India, was tasked with addressing the increasing menace of ragging in educational institutions. The committee, led by Dr. R.K. Raghavan, conducted an extensive study and proposed strict anti-ragging measures. Its recommendations led to the formation of the UGC Regulations on Curbing the Menace of Ragging in Higher Educational Institutions, 2009, which made it mandatory for colleges and universities to take preventive actions against ragging.
These regulations define ragging as any form of physical or mental abuse, including bullying, harassment, or humiliation, whether directly or through electronic means. The key recommendations included the establishment of anti-ragging committees and squads in all institutions, mandatory student and parent affidavits to declare zero tolerance for ragging, and strict punitive actions ranging from suspension, rustication, and expulsion to criminal proceedings under relevant Indian Penal Code (IPC) sections.
The UGC guidelines further mandate that institutions display anti-ragging messages prominently, conduct regular awareness programs, and establish 24/7 anti-ragging helplines. Failure to comply with these regulations can result in de-recognition of institutions, withdrawal of funding, or legal action against college authorities.
The Supreme Court upheld these recommendations, emphasizing that ragging violates students’ fundamental rights to dignity, safety, and education under Articles 14 and 21 of the Indian Constitution. These measures have significantly reduced ragging in colleges, but implementation remains a challenge in some regions.
Judicial Response to Peer Victimization in India
The judiciary has played an active role in shaping policies and ensuring student safety. Notable cases include:
- Vishaka v. State of Rajasthan (1997): Though primarily a workplace harassment case, the Supreme Court’s emphasis on a safe environment for women has influenced anti-bullying policies in educational institutions.
- University of Kerala v. Council of Principals of Colleges (2009): The Supreme Court upheld stringent measures against ragging, reinforcing the need for strict disciplinary actions.
Challenges in Addressing Peer Victimization Legally
Despite existing laws and policies, several challenges persist:
- Lack of a Specific Anti-Bullying Law: There is no standalone legislation addressing all forms of peer victimization comprehensively.
- Inadequate Awareness: Many students and parents are unaware of legal remedies available against bullying.
- Fear of Reporting: Victims often hesitate to report due to fear of retaliation or lack of faith in authorities.
- Inconsistent Implementation: While some schools and colleges enforce strict anti-bullying policies, others fail to take necessary actions.
The Way Forward: Strengthening Legal Protections Against Peer Victimization
To effectively combat peer victimization, India must adopt a more structured legal approach:
- Enact a Comprehensive Anti-Bullying Law: A clear legal framework should define bullying, outline preventive measures, and prescribe strict penalties.
- Mandatory Reporting and Counseling: Schools and colleges should be legally bound to report cases and provide psychological support to victims.
- Cyberbullying Awareness Campaigns: Given the rise of digital harassment, online safety education should be integrated into school curricula.
- Community Involvement: Parents, teachers, and students must collaborate to create a zero-tolerance environment for bullying.
Conclusion
Peer victimization in India remains a pressing issue, impacting students’ mental and physical well-being. While existing laws provide some protection, a more targeted and enforceable legal framework is necessary. Strengthening legal measures, increasing awareness, and ensuring strict implementation can help create a safer educational environment where students can thrive without fear of harassment.
This Post is written by Shirsti
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