Q. What is bullying?
A. Bullying is persistent unwelcome behaviour, mostly using unwarranted or invalid criticism, nit-picking, fault-finding, also exclusion, isolation, being singled out and treated differently, being shouted at, humiliated, excessive monitoring, having verbal and written warnings imposed, and much more.
Q. What are the different kinds of bullying?
A. Bullying can be classified into the following categories :
Physical Bullying - involves aggression such as shoving and poking, throwing things, slapping, choking, punching and kicking, beating, stabbing, pulling hair, scratching, biting and scraping.
Social aggression or indirect bullying - is forcing the victim into social isolation. This can be done by a wide variety of techniques, including spreading gossip, refusing to socialize with the victim, bullying other people who wish to socialize with the victim, and criticizing the victim's manner of dress and other socially-significant markers (including the victim's race, religion, disability, etc). Other bullying can be more subtle and are more likely to be verbal, such as name calling, the silent treatment, arguing others into submission, manipulation, gossip / false gossip, lies, rumors/ false rumors, staring, giggling, laughing at the victim, saying certain words that trigger a reaction from a past event, and mocking.
Verbal Bullying – Often takes the form of cruel criticism, demeaning comments, use of the internet through chat-rooms or social networking websites to cast aspersions on the person, racial or casteist slurs, sexual innuendos, spreading rumours, teasing or even threats.
Q. What can I do when a bully troubles me?
A. You can file a Police Complaint against the bully. Where on account of bullying any person causes you hurt, bodily pain, disease, grievous hurt, etc you can go to the nearest Police Station and file a complaint against the bully.
Q. What can I do when someone insults me or circulates or publishes any rumor about by me?
A. When any person insults or circulates or publishes any rumour about you knowing that it can lead to disturbance of peace or to breaking the law by leading to a fight or causing hurt, a police complaint against him can be filed and if held guilty he can be punished with imprisonment extending upto 2 years or with fine or both.(Sections 504 & 505 of Indian Penal Code)
Q. What can be done when a person misbehaves with a girl or a woman?
A. A Police Complaint can be filed against any person who insults the modesty of any woman, by any word, making a sound or gesture, by singing an obscene song or exhibiting any object or who sexually harasses a woman/girl by indulging in unwelcome sexually determined behaviour such as physical contacts and advances, sexually coloured remarks, showing pornography and sexual demands whether by words or actions. Such a person can be punished with imprisonment for a term which may extend to one year, or with fine or both. (Sections 294 & 509 Indian Penal Code). Further, where a person attacks a woman or uses force against her in a manner that outrages her modesty such a person can be punished with imprisonment for a terms which may extend to one year or with fine or both (Section 354 of Indian Penal Code)
Q. How can I file a police complaint or an FIR?
A. You can go to the nearest police station and complain to the police official. The police official is required under law to write down your complaint. After writing down your complaint the police official will read out to you what he has written in the complaint. If there is anything that you want to add to the complaint or remove from the complaint you can inform the police officer who will make the changes. Thereafter the police officer will ask you to sign the complaint and give you a copy of the same. This complaint is then entered by the police official in its “First Information Report” register and called FIR.
(Section 154 of The Code of Criminal Procedure, 1973)
The police officials cannot refuse to file the FIR on the ground that the offence has been committed outside the territorial jurisdiction of the particular police station. In such a situation the Police should record the FIR and then transfer the same to police station within whose jurisdiction the offence has been committed.
Q. What can be done when someone sends/circulates obscene e-mails or material against me over the internet and the social networking websites?
A. A person held guilty of obscene action or circulation of any objectionable material or of any act can be punished depending on the act committed with imprisonment for 3 months to 10 years and/or with fine.
The Information Technology Act enacted in 2002 gives the remedies against the use of internet for any malicious or obscene material being circulated through the internet against any person. The Indian Penal Code under Sections 292, 293 and 294 and Information Technology Act under Section 67 provides punishment for obscene action or circulation of any objectionable material whether through the internet or sms or in the form of a book, pamphlet, paper, writing, drawing, painting, representation, figure or any other object. It is also an offence where a person who to annoy others does any obscene act in any public place, or sings, recites or utters any obscene song or words, in or near any public place. A person held guilty of obscene action or circulation of any objectionable material or of any act can be punished depending on the act committed with imprisonment for 3 months to 10 years and/or with fine.
However, the following are not considered obscene :- any material in the form of book, pamphlet, paper, writing, drawing, painting, representation, figure or any other object is in the interest of science, literature, art or learning or for religious purposes or is on any ancient monument or archaeological site.
Q. Does the law treat a juvenile same as an adult?
A. No. A special act known as The Juvenile Justice (Care and Protection of Children) Act 2000 is applicable to juveniles. This act seeks to provide a mode of reformation to youngsters who might have unfortunately committed an offence at a young age. It provides for proper care, protection and treatment by catering to their development needs, and by adopting a child-friendly approach in deciding matters in the best interest of children and for their ultimate rehabilitation The applicability of the Act is limited to individuals who have not completed 18 years of age. .
Q. Upto what age is a person not liable for a criminal offence committed by her/ him?
A. A child under 7 years of age cannot be held to be an offender. An offence by a child, above 7 years and under 12 years of age but NOT mature enough to understand the nature and result of his act may also not be considered as an offence.
Q. What happens if an adult unintentionally causes hurt to a child or death of a child?
A. According to our criminal laws where a person after obtaining the consent of the guardian or any person responsible for the welfare of the child, in good faith and good intention does an act for the benefit of the child but unintentionally causes him hurt, he will not be held responsible for causing the hurt or death, etc. For example, when a parent/guardian permits a doctor/surgeon to operate on the child to cure him and after the operation the child dies, the law will not punish the parent. However, if the parent/guardian gives the permission/consent because he is forced to or because of mistake he can be punished by law.
