Open Access Research Article
EMERGENCE OF NEED FOR LEGISLATION AND POLICIES FOR SAFEGUARDING WOMEN AGAINST CYBER CRIME
Published Paper
Article Details
EMERGENCE OF NEED FOR LEGISLATION AND
POLICIES FOR SAFEGUARDING WOMEN AGAINST CYBER CRIME
Authored By - KHUSHI
SINGH
(Amity University Patna)
ABSTRACT
The emergence of the Internet and
digital technology has brought about new form of crimes including cyber crime. Cyber
crime is the use of digital technology to commit a criminal act such as the
hacking, identity theft, Cyber staking and harassment. Cyber crimes can affect
anyone online but women’s are particularly vulnerable to cyber crime due to
their genders. Especially in India where society looks down upon the women and
the law does not even properly recognised cyber crimes. violence against women
is prevalent in India.
Women have become target in cyber
spaces and their online activities can put at risk of identity theft, cyber
bullying, reverse porn, staking and sexual harassment. The lack of legislation
and policies for safeguarding women against cyber crime has made difficulties
to protect them from the threat. Most of the case victim of cyber crime don’t
know where to turns to for help.
In this papers I have planned to
discuss the legislation and policies for safeguarding the women against cyber
crime. The whole research paper was resolved and try to find the two main
issues –
I.
Whether
an effective legislation is in place to counter cyber crime ?
II.
Whether
women has been vaccinated from the impact of cyber crime by the legislation and
policies or if there are urgent need to implement new legislations and policy ?
Now a days women’s are easily
victimized of cyberbullying, Voyeurism, Sextortion & Stalking are all
widespread online crime which happen against women. With the time technology
are advanced so it give threat to the
women’s privacy, security & well being.
Thus research paper shows that although many of countries have taken
measure for safeguarding the women right and legislation and policies to combat
cybercrime. This research paper concluded by streaming the urgency of
implementing legislation and policies to safeguard women against cybercrime as
it is important for promoting gender equality , empowerment and well being.
INTRODUCTION
Will the rise of technology,
Cybercrime is also increases and now a days cybercrime has become one of the
biggest threat globally. Cybercrime refers to the criminal activity which is
carried out from internet or by other digital means. Now a days most of the
people rely on technology for various activities such as communication, work,
education, and ever Socializing. However, with the vast increase in Online
activities, there has been a Corresponding increase in cybercrime. Social media
platforms in the 21st century it has been an integral part of our
lives in recent times, from sharing stories, connecting with people, expressing
opinions and ideas, all the way to promoting businesses and influencing public
opinion social media has become a powerful tool that as revolutionized how we
communicate, interact, and access information. This paper seeks to examine the
impact of social media platforms in different spheres of our society, including
politics, economics, education, and socialization.
Women have been the most vulnerable
to cybercrime, especially since technology has become a crucial part of their
lives. Generally the young girls or uneducated women inexperienced in the cyber
world who has newly introduced to the internet and fails to understand that’s
why they are easily targeted & victimized at cyber space. So at the time of
lockdown which is imposed on 25th March to protect the spread of
corona virus could not cease escalation in the number of cyber crime cases
against women. The cyber crime case rises due to the lockdown frustration.
Cyber crime refers to the crime which is committed online so technology not
only have powers to connect people it can destroy your life as well.
In 21’st century cyber crime is new
form of crime and which are most challenging. Gender based violence at
cyberspace some like cyber harassment, cyber stalking, cyber pornography, cyber
defamation morphing, email spoofing[1]
etc. has been increasing due to the digital revolution. Cybercrime against
women can come in different forms such as cyberstalking, cyber harassment,
financial fraud, identity theft, and revenge porn. Due to the anonymity offered
by the internet, perpetrators of these crimes find it easier to target their
victims without being Traced. As cybercrime against women continues to
increase, there has been a corresponding need for legislation and policies to
protect them. The government, civil society organizations, and private
individuals have recognized the need to create a safe online environment for
women. One such effort is the introduction of cyber laws that address
Cybercrime against women. For instance, in India, the government introduced the
Prevention of Sexual Harassment Act, 2013, which aims to prevent sexual
harassment and stalking of women online.
Additionally, countries such as the
United Kingdom, the United States, and Canada have introduced laws that
specifically target revenge porn. These laws criminalize the unauthorized
sharing of intimate images or videos of individuals without their consent these
laws recognize that revenge porn is not a form of revenge but a form of sexual
assault that can have long-lasting emotional and Psychological effects on
victims in addition, governments and organizations have adopted policies that
address Cybercrime against women. For example, the World Health Organization
has identified cyber violence as a public health issue and calls for action to
address it. Similarly, organizations such as the United Nations have recognized
the need to create a safe online environment for women and have launched
initiatives such as the UN Women cyberspace initiative to Promote women’s
rights online.
Cyber violence uses Computer
Technology to access women’s personal information and use the internet for
harassment and exploitation. Women are becoming soft targets as they often
trust other people and are unaware of the consequences. Cyber crime has
increased because it is difficult to detect and prove and is seldom reported.
Cyber crime is away from traditional monitoring, investigation, or audit and
requires specialists to understand the nature of the crime. Cyber crime affects
women the most by subjecting them to mental and emotional harassment. Most
women become distressed, humiliated, and depressed under this type of crime
which is challenging to address and resolve[2].
RESEARCH QUESTIONS –
1. Whether an effective legislation is
in place to counter cyber crime ?
2. Whether women have been vaccinated
from the impacts of cyber crime by the legislation & policies or in there
an urgent need to implement new legislation & policies
ARGUMENTS
Ø In talking about the first issue “
Whether an effective legislation is in place to counter Cybercrime”
The effectiveness of cyber crime law
is debatable. Even though the parliament has tried to provide a proper legal
framework to regulate and set the standard of user information that can be
circumvent within cyberspace. In fact parliament effort is commendable as it
amended a lot of legislation in order to fit the purpose of the IT Act. In
India the IT Act 2000, and its subsequent amendments provide legal framework
and guidelines to tackle crime. Some of the prominent cyber crimes considered
under this act are hacking, phishing, identity theft, cyber stalking, cyber
terrorism and virus attack. It has been introduced the concept of digital
signatures, electronic records and authentications of electronic records.
The landmark judgement of Suhas Katti V. State of Tamil Nadu[3],
has set an example of conviction in case of cyber crime where this case of
cyber stalking and harassment of women reached a conviction sentence within 7
months from he date of filing the first information report.
In the another landmark case of Shreya Singhal V. Union Of India[4],
the Supreme Court of India struck down section 66A of the IT
act, which criminalised the transmission of offensive message on the Internet.
The pith of the arguments is that Section 66A of IT Act 2000, is wide, vague
and ambiguous thus making its scope incapable of judgment on objective
standards. Due to such a vague interpretation of this Section, it can easily be
subjected to wanton abuse.
Overall the Indian legal systems has
tackled significant steps to combat cyber criminals and with the advancement of
technology, the law will continue to evolve to keep pace with these challenges.
In the Case Shri Pavan Duggal which
shows the weak implementation of cyber laws in this case the Supreme Court
advocate and cyber expert has stated as significant point even though the
lawmaker must be complemented for the commendable efforts on trying to resolve
remove the lacuna in cyber law. Unless and until the laws are made more
technical technologically natural and have more strict applications over
criminals under its ambit. The purpose of IT act will remain defective it has
been observed that present legislation is soft on cyber criminals this means ng
such legislations will always remains ineffective the quantum of punishment
must be revised. In today’s time society totally depends upon the technology so
this crime rate has been increased IT act still has to long way to go and
require some amendments.
On comparison of US there are various
laws and legislation is in place to counter Cybercrime. The Computer Fraud and
Abuse Act (CFAA) enacted in 1986 is the primary federal law that criminalizes
computer-related offenses. The Law prohibits unauthorized access to Protected
computers, including financial and Government systems, and imposes heavy Fines
and imprisonment on violators.
Additionally, the USA PATRIOT Act of
2001 expanded the powers of law enforcement agencies to gather intelligence to
combat cyber terrorism and other forms of crime. The Federal Trade Commission
(FTC) also enforces regulations related to consumer data privacy and security
under laws such as the Gramm-Leach-Bliley Act and the Children’s Internet
Protection Act.
In conclusion, the United States has
a robust legal system in place to counter cybercrime, and it continues to
evolve to address emerging threats.
Ø While dealing with the second issues
“Whether woman have been vaccinated from the impact of cyber crime by the
legislation and policy or is there an urgent need to implement new legislation
and policy”
Women, like any other group of
people, are vulnerable to cybercrime, and they may not be adequately protected
by existing legislation and policies. Cybercrime can take various forms,
including online harassment, Cyberstalking, and identity theft, among others.
Several countries have enacted
legislation and policies that aim to protect individuals from cybercrime,
including women. For example, in the United States, the Computer Fraud and
Abuse Act (CFAA) criminalizes unauthorized access to computer systems and
networks, While the Cyberstalking and Cyber harassment Act (CCCA) addresses the
harassment of individuals online. Similarly, in India, the Information
Technology Act (ITA) provides legal provisions for cybercrime. However, despite
the existence of laws, Cybercrime against women continues to be a significant
issue in many countries. Many cases go unreported, and even when they do, law
enforcement agencies may not prioritize then as they should.
Therefore, there may be an urgent
need for new laws and policies that more adequately address the unique
challenges faced by women in the digital world. These laws could include
stricter penalties for offenders and better training for law enforcement
agencies on how to address cybercrime against women. Additionally, governments
may need to allocate more resources to combating cybercrime to ensure that
women are adequately protected.
India has several laws and regulations
related to issues such as privacy, data protection, cyberstalking, and
cyberbullying. Some of the key laws are as follows:
1. The Information Technology Act, 2000:
This act provides legal
recognition for Electronic transactions and electronic records. It also deals
with issues related to data protection, cybercrime, and penalties for offenses
such as hacking cyberstalking, and cyberbullying
2. The Indian Penal Code, 1860:
This is the Primary
criminal code of India. It includes provisions related to offenses such as
defamation, stalking, and harassment, which are applicable in both online and
offline contexts
3. The Privacy Rules, 2011:
These rules specify the
types of information that can that can be collected by websites and web
applications, and the manner in which such information can be collected, used
and disclosed.
4. The Personal Data Protection Bill,
2019:
This bill is currently
under review and aims to provide comprehensive data protection regulations in
India. It proposes the creation of a data protection authority, which will
oversee the collection, use, and storage of personal data in the country.
Some of the case laws related to
these issues include:
Shreya
Singhal v. Union of India: This case dealt with the constitutionality of Section 66A of
the Information Technology Act which criminalized online speech deemed to be
‘grossly offensive’ or ‘menacing’. The Supreme Court of India declared Section
66A unconstitutional and struck it down.
Myntra
Designs Pvt Ltd v. Vineet Kumar Singh: This case dealt with the collection of personal data
by e- commerce websites. The Delhi High Court held that e-commerce sites must
obtain prior consent from users before collecting and using their personal
data.
Ratan
Singh v. State of Maharashtra: This case dealt with the issue of online harassment and
stalking. The Bombay high Court held that online harassment and stalking are
liable to be punished under the Indian Penal Code.
Overall, India has a comprehensive
legal framework to deal with issues related to privacy, data protection, and
online harassment. However, there is still room for improvement, particularly
with respect to the enforcement of these laws.
CONCLUSION
From the statistical analysis of the
cyber crime committed against women over his span for 4 years from 2017 to
2020, it is clearly shows that day by day it was increased. The biggest problem
is that it was more difficult to tackle that conventional crimes because this
goes beyond the border of the States and nations. So it is very easier for the
offenders to commit a crime even the victim is far away. Nowadays self
awareness is very important especially the women who even don’t know much about
the technology. So that they can easily become a victim of cyber crime and this
leads to mental agony and at many times victim's do suicide. So awareness of
cyber crime is very important for women not just to avoid to become a victim
but to also reporting of cyber crime.
In conclusion, the emergence of the
need for legislation and policies to safeguard women against cybercrime is
critical in creating a safe online environment for women. Cybercrime against
women has become a global issue, and the government, civil society
organizations, and private individuals have a responsibility to create policies
that protect women’s rights online. While legislation and policies are
essential, they must be accompanied by awareness campaigns that educate women
on how to protect themselves online. It is time for the world to come together
to advocate for and create safer digital spaces for women.
REFERENCES
·
M.E.
Kabay, A Brief History of Computer Crime,(2008)
·
United
Nations Manual on the Prevention and Control of Computer-Related Crime (1994)
·
Rohit
K. Gupta, India: An Overview Of Cyber Laws vs. Cyber Crimes: In Indian
Perspective(2013)
·
Dr
V.K. Saraswat (Member), NITI Aayog Report on Cyber Security
·
Sushma
Devi Parmar, Cybersecurity in India: An Evolving Concern for National Security
(Central University of Gujarat)
Article Information
EMERGENCE OF NEED FOR LEGISLATION AND POLICIES FOR SAFEGUARDING WOMEN AGAINST CYBER CRIME
Authors: KHUSHI SINGH
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/04/05
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.