Open Access Research Article
WOMEN HARASSMENT IN DIGITAL SPACE
Published Paper
Article Details
WOMEN HARASSMENT IN DIGITAL SPACE
AUTHORED BY
- GAYATHRI DAMMALAPATI
& DR.
JAYSHREE KHANDARE, ASSISTANT PROFESSOR
Abstract
The Internet has become an inevitable part of human life. In a society
like India, where crimes are prevalent especially towards the women and children, the increase in the changes and developments in the society and
with the rapid growth of technology, paved a new way for the criminals to
initiate their crimes. Cyber crimes
have emerged which resulted in the violence towards various aspects of human
life. This technology knows no
boundaries, it can affect anyone living in any part of the world. Mostly women happen to be the victims of cyber crimes
one of such is Cyber harassment. It is one of the major issues faced by women of all ages. Inorder to
tackle with the changing and growing cyber crimes against women in India,
strict and specific legislations are mandatory.
The purpose of this research
is to understand cyber harassment against women and to analyse
the existing laws that deal with it and
to acknowledge the need for separate legislations for that
matter.
Introduction
Technology has made our lives
easier. Computers, mobile & laptops are part of that technology, these devices are being used for various
purposes across the globe. Earlier computers were part of big businesses and were used in professional capacity
only but in today’s scenario we can see that computers are very common in every household, they are very
popular in every age group be it kids, adults or aged people everyone is using computer or electronic
devices. With the arrival of computers, crime related to computers and technology are also prevalent
and thus the term cybercrime
is coined. It is a very popular type of crime in today’s world and is playing a very devastating role in modern India. These crimes are committed especially towards women and children.
We all know that in the ancient
Indian society women were given a very high position, the vedas honoured the women as the mother
goddess, the person
who produces life and was compared to maa saraswati
and maa durga. As the time
passed by, the society turned out to be a male dominant one which paved the way
to gender- based offences. They are
various kind of offences done against women, it can be before birth such as female infanticide or in their adulthood
such as rape, or even after their marriage such as sati, dowry. That is when the downfall of women in the society
started.
Therefore crimes against women have
its roots from ancient times. Violence against women is one of the major issues in the present day Indian
society. Since the IT sector in India have seen a boom in the 1990's, and the increased amount of internet users and due to lack of
awareness and legislation, crimes against women of all
ages have also developed like
online harassment, sextortion,
stalking, cyber sex-trafficking etc.
Cyber crime
Cyber crime is a global happening.
Cybercrime and women victimisation in digital space has remained a subject of great fearfulness. With the
lack of legislation dealing with cybercrimes in India and rights of the victims, India is at a crucial and
frightful place. The term cybercrime
is not defined in any statute but however
the term is judicially interpreted in some of the judgements pronounced by the
courts in India. Cybercrime is the term used to describe crimes carried out online in which the perpetrator remains
anonymous behind a computer screen and is not necessarily required to
make eye contact with the victim. In digital-crime,
the targeted computer or the data is the victim, the crime's intended outcome,
or a tool used to make possible the commission of another crime
by providing the required inputs[1].
Inorder to tackle these kind of cyber
attacks, India enacted Information Technology Act, 2000, but this act lacks in various aspects as security of
women is not covered fully by this Act.
Cyber crime against
women in India
Every year we celebrate women’s day
on 8th of march to show our respect and affection and appreciation towards women for their achievements in
various fields. We worship them as goddess Devi but reality shows the worsening picture of this as stated
above, in fact women are worshipped only in religious places and in common life exploited in various ways.
With the advancement of technology, cyber crime is increasing rapidly and specifically women are
becoming more prone to cyber crimes. When we are referring to cyber crime against women in india then it
mainly includes sexual crimes and sexual abuse on the internet[2]. Safety and privacy of women is always a major issue when it comes to
countries like India.
Earlier, it was only limited to
places outside the home. Home used to be the place where women could feel safe and protect herself from the outside
world. But now home has become equally dangerous. The criminal can now operate by sitting at home in any
part of the world.
Therefore, the increasing rate of
cyber-crime against women has led to development of insecurity and fear within a woman. they don’t feel safe
anymore. Its effects are worse on them and on the society as a whole, when we
look into the broader picture[3].
Cyber Harassment
Women became the soft targets of
cyber crime. One of the major cyber crimes faced by women of all ages is Cyber Harassment. There is no particular
universally accepted definition of cyber harassment. It can be interpreted as repeated, unwelcoming,
unfriendly behaviour by a person towards a particular individual with an aim to humiliate, torment, harass or
stalk through cyberspace. It can take place in any electronic medium of communication where interaction with others is possible by social media, emails,
mobile calls and messages.
Cyber harassment is a broad term. Cyber
stalking, bullying, identity theft, catfishing, defamation, morphing, trolling
and revenge porn falls under the umbrella of cyber harassment[4].
1.
Cyber
stalking: one of the most popular internet crimes. It is a conduct where the
perpetrator attempts repetitive acts
of harassment or threatening behaviour towards
the victim by using internet service. Usually
on the internet stalking happens when the perpetrator follows the
victims continuously by sending him/her unwanted
messages. Women who are molested are followed by their perpetrators into the cyber world and such perpetrators watch them secretly without their knowledge. Stalkers are
taking advantage of modern technology
as it has become an integral part of our professional and personal lives.
Usually both men and women are
stalked but the majority of the victims are females. Most of the cases go
unreported. Victims of cyberstalking
are as scared as they are in real life. Stalker can be a known person or can be
a completely unknown one. Motive
behind commission of such crimes can be jealousy, obsession or attraction,
revenge or hatred or sexual
harassment.
As per the Indian Penal Code section
354D - stalking refers to “any person who monitors the use of the internet,
email or any other form of electronic communication of any person is said to stalk that person”[5].
Ritu Kohli’s case[6], the very first case of cyber
stalking in India. Her complaint was that a person, the stalker, was chatting on net by using her
identity and giving her address, talked in obscene language and encouraged other people to call Ritu kohli on an odd
hour. Later, she received many phone calls from strangers at odd hours who talked in vulgar language and it
created havoc in her personal life. She then filed a complaint to the police who traced the IP address and
arrested the accused and this case was registered under section 509 of IPC.
2.
Cyber
bullying: Cyberbullying is the use of technology to harass, threaten,
embarrass, or target another person.
Online threats, aggressive, or rude texts, tweets or messages all count. So
does posting personal information,
pictures, or videos designed to hurt or embarrass and to destroy the reputation
and feelings of a person. It includes
comments that focus on things like a person's gender, religion, sexual
orientation, race, or physical
differences count as discrimination, which is against the law in many states.
which means the police could get involved, and bullies may face serious
penalties[7].
Motive behind commission
of such crimes can be to isolate the victim, to take revenge, to be dominant in
the social circle or for
entertainment purposes. There are no specific laws that deal with cyber
bullying in india.
3.
Cyber
defamation : in today’s era the internet has raised the bar for the fundamental
right of speech and expression. With the evolution
of the internet, it has become the global medium of expression. The Internet is the medium which provides limitless
opportunities to make ways for netizens' speech and expression. In this way the internet is equally powerful
to use as well as to misuse it, one of such ways to misuse the internet
is online defamation and it is capable of harming the reputation of the individual. The term “Defamation is explained under section
499 and is punishable under section 500 of Indian Penal Code”[8].
Cyber defamation can be understood as intentional
infringement of someone else’s right to his good name. It can be done with the help of computers, internet and mobile
phones. On the internet any defamatory material can be distributed very conveniently to a
large number of audiences. Here, a woman suffers the most because a single false statement on the internet is capable
enough to degrade the reputation or status of
women in the eyes of the whole
society. In Indian
societal structure, the reputation, modesty and social status of a woman are delicate enough that one
wrong word about her can destroy her whole life. On the internet people are allowed to speak their mind and
it is easy for them to leave a defamatory comment or post on websites as there are thousands of
platforms available on the internet. Some of such social media platforms are twitter,
facebook, chat rooms etc.
Online defamation is very
much different in nature, extent and magnitude. Online defamation of women has a comparatively
higher effect on them as it can destroy the status of such women.
SMC Pneumatics (India) Pvt. Ltd. v.
Jogesh Kwatra[9]- India's first case of cyber
defamation where the defendant
Jogesh, an employee of the plaintiff has sent several humiliating, vulgar and
defamatory emails to his employees
and also to the various subsidiaries of the said company all over the world.
Plaintiff then approached a private
computer expert and enquired into the said matter and traced out the IP address
from which the emails have been sent.
Investigations revealed
that these emails were sent from a local cybercafe
in Delhi, the owner of the cybercafe
recognised Jogesh(defendant) as the same person who sent those emails. A
complaint was filed against the
defendant. Later, the hon'ble judge of Delhi high court passed an ex-parte ad
interim injunction observing that a prima facie case had been made out
by the plaintiff.
R. Arun and Ors. vs.
Inspector of Police, Thiruppur North Police Station and Ors - The case was in the
focus of attention since it
affected a woman about whom a defamatory and vulgar message was posted online
due to which the victim has received
several threats from the strangers. The court held that “sending obscene and defamatory messages and pictures over a
mobile phone, threatening a woman in front of others amounts to outraging
the modesty of a woman”[10].
The Suhas Katti Case[11] - The victim here was the chief judicial
metropolitan magistrate about whom defamatory
and obscene comments were posted in the yahoo message group. The accused
approached the victim and tried to
marry her but the victim married another man. Later when she got divorced, the
accused again approached the divorced
victim but she rejected him. As the accused couldn't take the rejection, he started sharing her number to various
groups saying that she’s engaged in sex business. Victim started to receive calls from people. Therefore she
filed a complaint under section 67 of IT Act, 2000 and also under 509 of IPC. The accused was punished.
4.
Cyber morphing:
another kind of major cyber crime related to women is
cyber morphing. In morphing the original
picture is edited by
an unauthorised user. It involves downloading the victims photos/videos from any social media platforms using fake
identity and then editing it and uploading it on the internet. It is a common
phenomenon to harass a woman by
editing the face of the victims with that of a naked body and this can be done through image editing softwares.
The images are morphed to defame the character of the victim. It is a new trend in India. Usually celebrities'
pictures are morphed by criminals. Nowadays even an ordinary woman is the target of this morphing. It can be because
she rejected the love proposal or marriage proposal or maybe out of jealousy.
Through morphing victims are being blackmailed by the perpetrator as the victims
don't want their photos to be
released as it damages their image and character in the
society.
The famous bollywood
actress Priyanka chopra’s picture is morphed by the face of Mamata Banarjee who
is the Chief Minister of West Bengal.
That particular picture created havoc in West Bengal and Mamata banarjee filed a criminal complaint
against them. The complaint was made against a BJP leader Priyanka Sharma, who had allegedly shared the
morphed picture. She was then arrested and produced in the Howrah court.
Later the Court in the
year 2019 passed an order for the immediate release of Priyanka Sharma subject
to condition that she would tender a
written apology immediately upon her
release.[12]
Air Force Bal Bharati
Case - in which the student of the school was teased by his classmates and he
wants to take revenge on them. So he
created a website and this website is hosted by him on free web space. On this site, he shared explicit and sexual
details about various “sexy” girls and teachers of the school. Girls and teachers were also classified on the basis
of their physical attributes and perceived sexual preferences. The website also became an adult boys’ joke
amongst students. This continued for a long period until one day. One of the boys told a girl that she got
featured on that website. The father of the girl, who is a AirForce officer, registered a case under section 67
of the IT Act, 2000 with the Delhi Cyber police branch. The police picked up the concerned student and kept
him at Delhi juvenile custody. After one week, the juvenile board granted
bail for that 16 year old student[13].
5.
Identity
theft: identity theft can happen to anyone in the present generation but most
likely it is going to affect the
women both in society and in personal life. Identity theft can be defined as
illegally stealing the personal
information of an individual, it can be done through emails, social media
networks, mobile phones etc. Motive behind identity
theft is for financial gains or to commit frauds using other identities or
to harass a particular individual.
Generally individuals, organisations, public/political figures, especially women
are the targets. Here the perpetrator
disguises himself as someone else thereby gaining access to one’s personal information like social media pages, bank
details, credit cards. Photos/videos, personal details of the victim are collected without their permission and
are used by the perpetrator inorder to manipulate any third person and to take advantage.
The IGP received
a complaint from a woman in Aizawl, where she stated that an instagram
disguised himself and used the
username - Ebenezer Fanai, sent her obscene video and harassed her by using
vulgar words. After repeated
harassment she planned to uncover the perpetrator’s identity. She asked for his
phone number with a false excuse to have a video chat with him through whats app. He fell for her trap and gave
his number. A case under sections 500 and 507 IPC read with 67 IT Act, 2000 read with Indecent
Representation of Women Act, 1986 was registered against him. The team of cyber
crime police then arrested the accused[14].
Impacts of cyber
harassment on women
It is not really that easy for a
person to get out from any traumatic incident or a situation that happened in their life, especially in the cases where
women who care more about their reputation and dignity in the society don’t have the strength to take any
kind of bad or negative remarks towards them. It affects them mentally and physically in any ways:
1. Experiencing
Stress, anxiety and panic attacks,
2. Silencing Effect
and not being able to socialise,
3. A feeling
of powerlessness in ability to respond to abuse or harassment online,
4. Not being
able to sleep well,
5. Lower
self-esteem and self confidence,
6. Feeling of
apprehension of danger when using the internet or other social media,
7. Feeling of
isolation,
8. Not being
able to perform day-to-day activities,
9. Losing one’s
appetite,
10. Feeling of insecurity.
Cyber laws for women in India
Cyber crimes against women are at an
alarming rate, it not only poses a major threat to the individuals but to the society as a whole. Cyber crimes need
immediate actions. In India, Information Technology Act, 2000 is one such act which deals with cybercrimes
but at the same time this particular act has got many loopholes such as lack of clarity in data protection
laws[15], Act is limited to only a few types
of cyber offences and most of the
other cyber offences like phishing, and other cyber offences against women are
not specified in this Act. Although there are no particular complete
regulatory framework with respect to laws related
to cybercrimes against women
in India, there comes certain legal provision that helps women victims in case
of cyber violence[16].
1. The Indian Penal Code, 1860
Initially, IPC didn’t have any
particular provisions dealing with cyber crimes against women. However, by the Criminal Law Amendment Act in 2013
certain amendments were brought in section 354 through which section- 354A, 354B, 354C and 354D were
added.
“Section 354A - sexual harassment
If
a man commits any act of physical
contact and unwelcoming explicit sexual overtures; or demanding/requesting
sexual favour; or showing pornography against her will; or making sexually
coloured remarks shall be punished in
the first three instances with rigorous imprisonment which may extend to 3 years and
in the case of fourth instance
imprisonment which may extend to 1 year.
Section 354C – voyeurism
If a man watches or captures the
images of a woman when she’s engaged in her private activities, shall be punished
with imprisonment for not less than 1 year which may also
extend to 3 years incase of first conviction
and incase of subsequent or second conviction - imprisonment not less than 3
years which may also extend to 5
years.
Section 354D – stalking
If a man repeatedly follows and tries
to foster personal interaction with a woman after showing disinterest by her or monitors the use by internet,
email or any other electronic media of a woman shall be punished with imprisonment which may extend to 3 years
if it is first conviction and incase of subsequent conviction- imprisonment which may extend to 5 years”[17].
Other than the above
stated sections, there also exist certain other provisions under which woman
victims of cyber crimes can file a
complaint:
Section 500- punishment
for defamation
Intentionally harming
the reputation of a person by words, gestures and signs. Defamation by
publication of imputations made in against
a woman with the intention
to harm her reputation, is punishable with imprisonment for a term, which may extend to two
years, or with fine, or with both[18].
Section 507 - criminal
intimidation by anonymous communication
Whoever commits the
offence of criminal intimidation by anonymous communication by taking
precautions to conceal the name or abode of the person from whom threats comes shall be
punished with imprisonment of either description for a term which
may extend to 2 years, in addition to the punishment provided for the offence
by the last preceding section[19].
Section 509- word,
gesture or act intended to insult the modesty of a woman
Any person
who utters any word or makes any sound or gesture, or exhibits any object with the intention
that such word, sound or gesture or object be heard or seen by a woman
and insult her modesty, or intrudes a privacy,
may be charged under this section and imprisoned for a term that may extend to
3 years and also with fine[20].
2.
The Information Technology Act, 2000
With the changes and
increase in cybercrimes, the IT Act,2000 was amended in 2006 and also in 2008.
The IT (amendment) Act,2008 came up
with various other provisions relating to cybercrimes still it couldn’t cover various aspects
of cybercrimes and many
other cyber offences against women. But here are the provisions which aids women victim:
Section 66C - this section makes identity theft a punishable offence with imprisonment for a term of 3 years and fine for rupees 1 lakh.
Section 66E - this
section deals with offences of capturing, publishing, or circulating pictures
of women without her consent and is punishable
with imprisonment for a term of
3 years and fine
for rupees 2 lakhs
or more.
Section 67A - Makes it illegal
to publish and transmit sexually
explicit content and is punishable with imprisonment of up to 5 to 7 years[21].
3. The Indecent Representation of Women (Prohibition) Act, 1986
“An
Act to prohibit indecent representation of women through advertisements or in publications, writings, paintings, figures
or in any other manner and for matters connected
therewith or incidental thereto”[22].
Section 2(c) - indecent
representation of women
It means the deception in any manner
of a woman be it about her body or form or any other part which is having the effect of indecent, derogatory
or denigrating or is likely to corrupt or injure the public morality or morals[23].
In
the year 2012, Rajya Sabha proposed the Indecent Representation of Women (Prohibition) Bill. It aimed to widen the scope and amend the 1986 Act
as per the changing needs. However, the government later withdrew this bill as it felt that the amendments were no longer
necessary as the concerns were addressed by the IT Rules 2021, Cinematography Act and various other provisions[24].
The
Indecent Representation of Women (Prohibition) Act and Article
21:
Article 21 - Right to life and
personal liberty
It states that “No person shall be
deprived of his life or personal liberty except according to the procedure established by law”[25].
Article 21 is a wider concept, it cannot be kept limited to only certain aspects.
In the Maneka Gandhi case, The court
held that “right to life is not mere physical existence but to live with human dignity.[26] Hence, by summarising both Article
21 and The Indecent Representation Of Women (Prohibition)
Act, every woman out there has the right to live with dignity and can approach
the court whenever any publication,
writings or through any other form her right to live with dignity is violated.
Conclusion
Swami Vivekananda once said “the
nation which does not respect women will never become great now or will never be in
the future”. In order to make India a great nation we need to work towards
giving women the much deserved status
and place. In a world where people are more dependent on technology, cyber crimes are prevalent. Cyberspace has no
boundaries, with women becoming the targets, the crimes towards them are rapidly growing. There are no
specific legislations made in order to tackle these cyber crimes against women. Cyber crimes are grave in
nature like all other crimes. Hence, there is an urgent need for strict rules and regulations to curb
rising complexities in the world of cyber crimes. Also to create a safe cyberspace for women we need to spread
awareness about these digital crimes, make them be vigilant about their rights
and encourage them to lodge
complaints against criminals
promptly.
(https://www.legalserviceindia.com/legal/article-8918-cyber-crimes-against-women.html)
(last visited on Jan 20 2024)
[2] (Dr.) N. K. Thapak, Study on the Case
Laws Registered Regarding Cyber Crime against Women, vol 15 / Issue: 1, Advances
and Scholarly Researches in Allied Education, 449(2018), (https://ignited.in/a/58442),
(last visited on Jan 20 2024).
[3] Dr. Monika Jain, Victimization Of Women Beneath Cyberspace
In India Upbringing, (Bharati Law Review, April – June, 2017), (https://docs.manupatra.in/newsline/articles/Upload/786274E9-B397-4610-8912-28D6D03230F9.monika_jain_pdf_1-1111.pdf)
, (last visited Jan 20 2024)
[4] Cyber Harassment, (29 june 2022),
(https://vikaspedia.in/education/digital-litercy/information-security/being-safe-online-1/cyber-harassment)
, (last visited on 21 Jan 2024)
[5] Indian Penal Code, 1860.
[6] Dr. Sapna Sukrut Deo, Cyberstalking And Online Harassment:
A New Challenge For Law Enforcement, 86, Bharati Law Review (2013)
(https://docs.manupatra.in/newsline/articles/Upload/FDF5EB3E-2BB1-44BB-8F1D-9CA06D965AA9.pdf)
(last visited on 21 Jan 2024)
[7] Elana Pearl Ben-Joseph, MD, Cyberbullying
(August 2022), (https://kidshealth.org/en/teens/cyberbullying.html), (last visited
on 21 Jan 2024)
[8] Indian Penal Code, 1860.
[9] SMC Pneumatics India Pvt. Ltd. v. Jogesh Kwatra, CS(OS)
No. 1279/2001 (Delhi High Court, 2001)
[10] R. Arun and Ors. Vs. Inspector of Police, Thiruppur North
Police Station and Ors, MANU/TN/4760/2017
[11] The State of Tamil Nadu Vs Suhas Katti, CC No. 4680 of
2004.
[12] Ashok Bagriya, BJP leader jailed for meme gets bail from
SC, ordered to apologise to Mamata Banerjee, (Hindustan Times, May 12 2020),
(https://www.hindustantimes.com/lok-sabha-elections/bengal-bjp-leader-jailed-for-sharing-morphed-photo-of-mamata-banerjee-gi
ven-bail-sc-says-she-must-apologise/story-HUZgFFGEQ61dFf2spq5HSJ_amp.html) (last
visited on Jan 23 2024)
[13] Air Force Bal Bharati School Case,
(Dullbonline, October
14, 2020), (https://dullbonline.wordpress.com/2020/10/14/air-force-bal-bharti-school-case/)
(last visited on Jan 23 2024
[14] HC Vanlalruata, 2 held in Mizoram for cyber crimes, (TIMES
OF INDIA, May 17 2023),
(https://timesofindia.indiatimes.com/city/guwahati/2-held-in-mizoram-for-cyber-crimes/articleshow/100295833.cms)
(last visited on Jan 24, 2024)
[15] Iamkishanpandey, Technology Laws
in India: Impact and Loopholes, Legal Services India, (https://www.legalserviceindia.com/legal/article-10604-technology-laws-in-india-impact-and-loopholes.html#:~:text=Loophole%2
01%3A%20Lack%20of%20clarity%20in%20data%20protection%20laws&text=However%2C%20these%20rules%20do%20not,
businesses%20to%20comply%20with%20them) (last visited on 24 Jan 2024).
[16] Women - Cyber laws in India, (https://www.infosecawareness.in/concept/cyber-laws-in-india/women),
(last visited on 24 Jan 2024).
[17] Indian Penal Code,1860
[18] ibid
[19] ibid
[20] Indian Penal Code, 1860.
[21] “Cyber Crime Against Women”, (27 Dec,
2023), (https://www.geeksforgeeks.org/cyber-crime-against-women/),
(last visited on 24 Jan 2024)
[22] The Indecent Representation Of Women (Prohibition) Act,
1986.
[23] The Indecent Representation Of Woman (prohibition) Act,
1986, s 2(c).
[24] Ambika Pandit, Government
withdraws indecent representation of women amendment bill, (Times Of India, Jul
26, 2021), (https://timesofindia.indiatimes.com/india/government-withdraws-indecent-representation-of-women-amendment-bill/articleshow/
84770088.cms?from=mdr) (last visited on 25 Jan 2024)
[25] Article 21, The Constitution Of India,
1950.
[26] Maneka Gandhi vs Union of India, 1978
AIR 597.
Article Information
WOMEN HARASSMENT IN DIGITAL SPACE
Authors: GAYATHRI DAMMALAPATI, DR. JAYSHREE KHANDARE
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/02/13
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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