THE SURGE OF CYBER OBSCENITY: SAFEGUARDING THE WOMEN BY - KIRTI BANAL
THE SURGE OF CYBER OBSCENITY:
SAFEGUARDING THE WOMEN
AUTHORED BY - KIRTI BANAL
Assistant professor LR
Institute of Legal Studies, Solan (HP)
Abstract
The rise of cyber
obscenity has become a pressing concern, particularly for women who are disproportionately
targeted. This paper examines the various forms of cyber obscenity, including
cyber defamation, cyber stalking, and online harassment, and their detrimental impact
on society, privacy, and safety. It analyzes the existing legal frameworks and
technological solutions aimed at combating cyber obscenity and protecting women
online. Additionally, it explores the reasons for the growth of cyber-crime
against women and proposes recommendations for policymakers, law enforcement
agencies, and technology companies to effectively safeguards women online. This
research contributes to the ongoing discourse on cyber obscenity and highlights
the urgent need for comprehensive measures to protect women from online abuse
and harassment.
Key words: Cyber-Crime, Cyber
stalking, Law, Obscenity, Women
“The nation which doesn’t respect women will never become
great now and nor will ever in future”
Swami
Vivekananda
1. INTRODUCTION
India is a nation where
ladies is celebrated as the one who gives life) and is adored as a “Devi”. This
status of ladies is within the soul of Indian logic and conventional sacred writings.
But it is additionally genuine that the ladies have moreover been casualty of a
few brutal deeds like Draupadi, Sita, Anusuiya and so on. Ladies have been
casualties of distinctive sorts of badgering at domestic, sati pratha,
acid-attack, rape, eve-teasing, sexual badgering, honor –killing, young lady
child kill and so on[1].
Indeed within the present day time due to instructive improvement and
mindfulness ladies strengthening issues have picked up notoriety but on the
ground level ladies is being treated second rate, and face violence amid each
organize of life cycle and battles with a few security issues[2].
The later advancements within the field of science and innovation through Web
and social media has made it very straightforward for individuals to remain
associated. But it has moreover made an opportunity for different offenders like
programmers, wafers to meddled with the web accounts and have been fruitful in
picking up unauthorized get to the user's computer framework and stolen
valuable information. The cyber world in itself may be a virtual reality where
anybody can fake or stow away his character and hurt the other individual. Within
the final few a long time there has been expanded number of cyber wrongdoing
against ladies[3].
2. UNDERSTANDING THE CONCEPT OF CYBER
CRIME
Cyber-crime alludes to any
wrongdoing that includes a computer or a arrange. It is an illegal act where in
the computer is either a device or a target or both. It is the criminal
exercises committed through the utilize of electronic communications media. It
is taking something of the computer over the web. The term Cyber Wrongdoing has
been characterized not one or the other in Indian Parliament nor within the
Data Innovation (IT) Act,2000[4].
3. TYPES OF CYBER CRIME AGAINST WOMEN
Basically, cybercrime is
any illegal activity that uses a computer as the primary means of execution. It
has been expanded to include activities such as Internet crime, crime of the
Internet, violation of Internet laws, illegal activity on the Internet,
violation of Internet laws, computer crime, violation of any law of the
Internet, Internet - related corruption, criminal activity on the Internet,
disruption of operations through malicious programs on the Internet, electronic
crime, Internet crime, selling contraband on the Internet, stalking victims on
the Internet, identity theft on the Internet. Cybercrimes can be committed
against persons, property and management[5].
The common types of cybercrimes are discussed below -:
3.1 Cyber ??Pornography: It is the worst threat to women
Internet users. This includes non-fiction websites or magazines created using
computers to publish and publish materials and the Internet (to download and
upload images, photos, text, etc.). The Internet has provided an avenue for the
promotion of criminal activities such as fiction. , especially those who do not
have internet. Today, about 50% of websites on the Internet contain encrypted
content. Cybercriminals are using women's photos and turning them into nude
photos or videos, which can undermine women's credibility. The photo or video
is similar to that woman[6].
3.2 Email Bullying: This is not a new concept. This is
very similar to letter bullying. This includes blackmail, threats, harassment
and even fraud by mail. Although e-bullying is similar to bullying, it often
causes problems when it is published by fake IDs[7].
3.3 Cyber ??????Stalking: This is one of the most talked about
and instructive cybercrimes in the world today. According to the Oxford dictionary,
persecution is defined as insidious. Monitoring a person's movements on the
Internet, sometimes posting threatening messages constitutes a cyber-stalking[8].
3.4 Cyber ??Defamation: Cyber ??abuse, including defamation
and defamation, is another form of abuse against women on the Internet. This
occurs when abuse occurs with the help of computers and/or the Internet. For
example, a person posts defamatory information about someone on a website or
sends an email containing defamatory information to all of that person's
friends or family. Most of this happens by hacking someone's identity on
Facebook, Google, other social media or email websites. It is also done by creating
a fake profile containing all of that person's personal information, which
appears to be a real profile to others on a website[9].
3.5 Morphing: The alteration of the original image by an
unauthorized user or fake identity is called morphing. Fake users have been
found taking photos of women, editing them, creating fake news and
reposting/posting them on other websites[10].
3.6 Cyber Hacking: In this kind of cyber violence, some
particular targets are chosen for hacking their profiles, using their personal
information for evil purposes. Moreover,
the hacker may even distribute open invitations for having sex with the
profile owner at her home address Section 43(a) and 66 under IT amendment Act, 2008 and section 379
and 406 of Indian Penal Code are
applicable for punishment after the law regarding cyber hacking is
broken[11].
4. IMPACT OF CYBERCRIME
In this era of
technological progress, women are the most affected. Now all areas of the world
begin and end with digital intervention, that is, computer technology. With
this in mind, both positive and negative situations arise. Cybercrime is a
global phenomenon. With the advancement of technology, cybercrimes and victims
of women are increasing rapidly, there is a real threat to everyone's safety.
As the problem of cybercrime grows in cyberspace, individual privacy and personal
security are threatened[12].
The Internet is the largest information system and network in the world. As
mobile infrastructure continues to develop in small towns, Internet usage
numbers will show the effects as the user base continues to grow. The Internet
is now part of a global movement that is completely erasing old and certain
truths and creating new ways and challenges to live in a small world.
Cyberspace is a boon to the human world. The Internet has connected people all
over the world. The desire to know the unknown is an important part of being
human. The desire to meet the people living on earth became stronger than the
desire to find a way to the future. This is how you discover the online world[13].
5. CYBER LAWS IN INDIA
The penalties for these
offenses include fines, imprisonment for up to two years, or both. Cybercrime
against woman in India. Cybercrime against women is on at alarming stage and it
may pose as a major threat to the security of a person as a whole. In India the
term “cybercrime against women” includes sexual crimes and sexual abuses on the
internet. India is considered as one of the very few countries to enact IT Act
2000 to combat cybercrimes; This Act widely covers the commercial and economic
crimes which is clear from the preamble of the IT Act[14]. Section 65, Chapter XI of the IT Act deals
with the offences such as Tampering with computer source documents. Section 66
Hacking with computer system. Section 67
publishing of information which is obscene in electronic form. Section 70 Access
to protected system. Section 72 Breach
of confidentiality and privacy. Section 74 Publication for fraudulent purpose.
I.T Act 2000 still needs to be modified. Section 67 of Information Technology
Act, 2000 which dealt with obscene publication in the internet. He was
sentenced for life imprisonment and a pecuniary fine of Rupees 1,25,000 under
the Immoral Trafficking (Prevention) Act, 1956[15].
6.
REASONS FOR THE GROWTH OF
CYBER CRIME AGAINST WOMEN IN INDIA
The reasons for the rise
in cybercrime against women can be classified into two factors: legal and
social. This does not seem to be relevant to the protection itself as it is
clear that the laws relating to cybercrime do not specifically mention the
offense in the relevant terms, but the various laws such as IPC, Constitution
etc. they have special protection for women. . They are usually issued under
special rules. On the other hand, most cybercrimes go unreported for many
reasons, including the victim's laziness and shame, and fear of harming the
family. These victims often believe that they are responsible for the crimes
they have committed[16].
6.1 Legal Reasons
The purpose of the IT Act
is clear from the preamble which confirms that it was originally enacted to
improve electronic commerce, thus covering commercial or economic crimes such
as hacking, fraud, breach of privacy, etc. However, the authors did not know
much about protecting network users. As mentioned above, most cybercrimes are
prosecuted under sections 66 (hacking), 67 (transmission or transmission of
false information in electronic form) and 72 (breach of confidentiality). Most cybercrimes,
with the exception of crimes related to e-commerce, fall into these three
categories. Cyberbullying, cyberbullying, email spoofing, cybersex, hacking,
invasion of privacy, etc. they are all too common these days, but they are not.
The IT Act specifically mentions it in any section or section 11. The IPC,
Criminal Procedure Code and the Constitution of India provide special
protection to women and children. For example, the dignity of a woman is
protected under Section 509 and rape, forced marriage, abduction and abortion
against a woman's will are offenses and are prosecuted under the IPC. Indian
constitution guarantees equal right to live, education, health, food and work
to women, however until recently there were no specific penal provisions
protecting women specifically against internet crimes[17].
Ever since the 2012 Delhi Gang Rape case (Nirbhaya Case) there has been a huge
outcry over bringing out new reforms and penal provisions so as to protect
women against the criminally minded. The 2013 Criminal Law Amendment Ordinance
contains several additions to the Indian Penal Code, such as to sections 354,
354 A, 354 B, 354 C and 354 D, with the assistance of these sections now the
issues of MMS scandals, pornography, morphing, defamation can be dealt in
proper manner. As it has been discussed earlier that transcendental nature of
Internet is one of the main reasons for the growth of cybercrime so whereas
Section 75 of the IT Act deals with the offences or contravention committed
outside India but it is not talking about the jurisdiction of the crimes
committed in the cyberspace specially the question of place for reporting the
case arises when the crime is committed in one place affected at another place
and then reported at another place. Although in the most of the cases, for the
matter of territorial jurisdiction Criminal Procedure Code is being followed[18].
6.2 Sociological Reasons
Most of the cybercrimes
remain unreported due to the hesitancy and shyness of the victim and her fear
of defamation of family's name. He often feels responsible for the crimes he
commits. Women are more vulnerable to the dangers of cyberbullying because the
identity of the perpetrator remains hidden and they can threaten and harass the
victim under different names and identities. Women are afraid that if they tell
a crime, it will make life difficult for the family, they wonder if they will
support family and friends, and how society will feel if they find out about
them. Because of this fear, women often do not report bad things, which boosts
the morale of criminals[19].
7. JUDICIAL APPROACH
RituKohli Case: The RituKohli case is the first
cyber bullying case in India. In this case Mrs. RituKohli complained to the
police that someone was chatting on the website http://www.micro.com/ (mainly a
Delhi channel) using her identity for four days. Ms Kohli also complained that
people were talking on the internet using her name and address and using
abusive language. The same person deliberately gave his phone number to other
speakers and encouraged them to call RituKohli after business hours. As a
result, Ms. Kohli received as many as 40 calls in three days, most of them at
overtime. The call threatened the complainant's personal life, so on finding
his IP address, the police investigated the whole matter and the perpetrator
was arrested. A case under Section 509 of the IPC was registered after which he
was released on bail. This is the first time an internet case has been
reported. Like email harassment, cyberbullying is not covered by Indian
internet laws. Remote prosecution of violators for breach of privacy and
confidentiality is only possible under Section 72 of the IT Act. The accused
can also be charged under section 441 of the IPC for sexual assault and under
section 509 of the IPC for inciting the humiliation of a woman[20].
2. In the case of
State of Tamil Nadu v. SuhasKatti, in this case, sent emails to the
victim, a divorced woman, for information through a fake email account opened
in her name by the accused. By posting the message, the victim received
harassing calls and suffered emotionalabuse. So he filed a complaint in the Egmore
court in February 2004 and the cyber agency of the Chennai police arrested the
accused. He was charged under Section 469/509 IPC and Section 67 of the IT Act,
2000. The charges against him were confirmed and he was booked under the
section mentioned above girl reported from Kottayam in Kerala. Know the person
that person was on Facebook. But when she meets him, she is kidnapped. However,
the girl was pursued and later told the police that when she met the boy he took
her to a hotel and raped her[21].
8. PREVENTIVE MEASURES TO PROTECT
WOMEN AGAINST CYBER CRIME
Preventing cybercrime
against women involves a combination of education, awareness, and proactive
measures. Here are some suggestions:
·
Education and Awareness: Educate women about the
risks of cybercrime and how to recognize and avoid them. This includes
understanding phishing scams, social engineering tactics, and the importance of
strong passwords[22].
·
Privacy Settings: Encourage women to review
and adjust their privacy settings on social media platforms and other online
accounts to limit the amount of personal information that is publicly available[23].
·
Secure Passwords: Encourage strong and
unique passwords for every online account and use two-factor authentication
whenever possible[24].
·
Browsing Protection: Teach women to be careful
when clicking on links or downloading attachments from unknown sources as they
may be the source of malware or phishing attempts[25].
·
Reporting and Support: Encourage women to report
all cybercrimes to the appropriate authorities and seek support from
organizations that specialize in helping victims of cybercrimes.
·
Cyberbullying: Educate women about
online harassment and how to respond, including blocking and reporting abusive
users[26].
·
Online Dating Safety: Provide guidance on safe online
dating practices, including meeting in public and sharing personal information
too quickly.
·
Online Shopping Safety: Teach women to be careful
when shopping online, including using secure payment methods and only buying
from reputable sites.
·
Cyber ??Security Tools: Encourage the use of
anti-virus software, firewalls and other cyber security tools to protect
against malware and other cyber threats.
·
Antivirus should be kept
up to date: You should keep your antivirus up to date.
According to
Fight Cyber stalking, trojans, worms, and email viruses are common ways for cyber
stalkers to access your information. To reduce the risk of your PC being
compromised by Trojan viruses or email viruses, make sure your antivirus is up
to date[27].
·
Protect data in transit: In our daily life, we
often use public computers, such as Internet shops. If you're using the
Internet on a public computer, be aware that your web browser may log your
passwords and every page you view. I didn't get it. So don't forget to delete
cookies and history from your web browser (Doyle 2012). Your little mind will
affect you. Generally women should be cautious when using the Internet because
hackers may try to scam you[28].
In addition to the
suggestions above, women should have access to important information about
cybercrime and be careful before reading Internet links. If the Internet is
threatening, the mobile phone and Internet space for women's safety, good
results. There is a lot of information on the Internet about how to prepare for
cybercrime and how to prevent it. Cybercrime needs serious attention from the
Indian government to raise funds for research institutes related to fighting
cybercrime. In addition, women's education can play an important role in crime
prevention[29].
9. CONCLUSION
Crimes against women are
not new in India, but cybercrime has added another chapter to it. In the 21st
century, where a new digital world has been created and the Internet has become
an important part of personal life, online activity is a threat and a threat to
the safety and rights of women as well as to society. This violates women's
right to privacy. The more time women spend online and the less aware they are
of the dangers of the Internet, the more vulnerable they become. The after
effects of online activity are very serious in all aspects including cyber
bullying, harassment and slander. The rise in cybercrime cases targeting women
is a major concern for law enforcement agencies, governments and society at
large. To reduce cybercrime, governments must strengthen their legal systems.
This is because criminals find online crime easier than traditional crimes
because the chances of detection are low and the punishment is low[30].
Focusing on women we don't think of women as objects. People need to understand
that violence against women is only a manifestation of gender discrimination
and inequality in gender power relations. Women should know that it is time to
break the silence and silence\and fight against cyberbullying and stand up for
their rights. We must regularly investigate and focus on cybercrime[31].
What the government should pay should be carefully studied. Police personnel
must be trained to respond to and deal with cybercrime. For this purpose,
workshops and seminars on online education should be organized. Women should
also participate in this type of work. But ultimately, people need to change
the way they think about women and create equality. Because cleaning starts at
home. Women in India face barriers to access to justice. Reasons include illiteracy,
social and cultural barriers, lack of support from family and subordinates,
time consumption and legal malpractice. This is also the main reason why most cybercrimes
go unreported[32].
To address the issue of cybercrime targeting women, an analysis of all aspects
must be done. Strict legal action should be taken against the violators. The
first responsibility is for women themselves to be aware of all trends, be
strong and courageous to speak out against such evil practices. There are many
unique applications that can detect all types of online tracking and whether
someone is tracking your mail ID. So it can be said that to deal with cyber-crimes
targeting women, government policies and changes in the Indian Penal Code and
changes in the attitudes and outlook of the education system are needed in India
and Society[33].
[1] Saurabh dubey, (Cyber Crime and Cyber Laws : A Perspective of Women
Victimization), 6 IJARCT 643 (2021)
[2] Shobhna Jeet, (Cyber-crimes against women in India: Information
Technology Act, 2000) Elixir Criminal Law 47 (2012)
[4] Supra Note 1
[6] Karnika Seth, (Cyber Crime Against Women: An Indian Law Perspective) 7 LWLJ 21 (2024)
[7] Ibid
[8] Sanjeev Kumar, Priyanka, (Cyber Crime Against Women: Right To Privacy
And Other Issues), 5 JLSR 161 (2019).
[9] Ibid
[10] Supra Note 2
[11] Supra Note 8
[12] Jaishankar Karuppannan, (Cyber Crimes Against Women In India), 43
(Sage Publication ,2017)
[13]Available at
https://www.xournals.com visited on 24 February 2024 at 2:30 p.m
[14]Supra
Note 1
[15]I
bid
[16]Available at https://www.ijlmh.com
visited on 24 February 2024 at 4:01 p.m
[18]Available at https://onlinelibrary.wiley.com
visited on 24 February 2024 at 4:59 p.m
[19]I
bid
[20]Manisha Kathuria Vs RituKohli, C.C.
No. 16616/2014
[21]Available at https://www.legalserviceindia.com
visited on 24 February 2024 at 5;02 p.m
[22] Shashva Mishra, (Dimension Of
Cyber Crime Against Women In India – An Overview), 5 IJRAR 976 (2018)
[24]
Ibid
[25]
Supra Note 2
[26]
Ibid
[28]Supra note 1
[29]Supra note 27