Cyber crime Against Women In India

INTRODUCTION

Every second , one women in India gets tricked to be a victim of cyber crimes andtheonlineplatform is now the new platform where a woman’s dignity , privacy and security is increasinglybeingchallenged every moment.

As society evolved, people began interacting and cooperating, leading to the formationof groupsand states. This liberation led to the creation of laws and regulations for governance. Technologicaladvancements have made communication and information access simple, allowing peopletotravelworldwide without a passport or VISA. This has impacted globalization, leading to socioeconomicconditions and challenges like cyber crimes. As a result, cyber crimes are becomingincreasinglyacceptable as a socially acceptable area of law due to the long-lasting impact of informationtechnology.

Cybercrime is a growing threat to individual safety and national security, primarily targetingwomendue to their lack of defense in cyberspace. The internet facilitates the sharing of harmful content,leading to an increase in offensive emails and derogatory emails. Protections include sendingvulgaremails, stalking, creating pornographic videos, and altering images. India, one of the fewcountriestoenact the IT Act 2000, does not address women’s issues.

In Kerala, the internet has increased cybercrime, with up to 80,000 complaints receivedin2012.This has put women in danger, regardless of age or background. Indian women, influencedbypatriarchy and traditional values, face more legal protection and less remedies for onlineabusecompared to their counterparts in the West. This highlights the need for improved protectionandprotection for women online.

DEFINITION OF CYBER CRIME

Prof. S.T. Viswanathan provided three definitions of cybercrimes, which are as follows ¹:

(a) To start, he clarifies the claim that any illegal activity in which a computer is regardedas atoolorobject of the crime; that is, any offense whose purpose is to manipulate how a computer functions.

(b) Secondly, he declared that any computer-related incident in which a victimexperiencedormayhave experienced loss and a perpetrator intentionally made or could have made again,

(c) Computer abuse is defined as any unlawful, immoral, or unapproved behavior involvingtheautomatic processing and transmission of data. Numerous factors have been identified for discussionregarding computer crime, including the amount of data available on a network.

CYBER CRIME AGAINST WOMEN

With the development of technology, crimes against women are taking on newforms. Sincethedevelopment of the computer and the internet, crimes against women have taken on a newform. Thesecrimes are known as cybercrimes because they involve the use of a computer both as a tool andasamedium for committing the crime. Because of their vulnerability, women are the target of anincreasein cybercrimes. In cybercrime cases, women are more likely than men to become victims. Afewexamples of cybercrimes that are becoming more common among Indian women on a dailybasisareimpersonation, emotional cheating, cyberstalking, email harassment, morphing, pornography, cyberdefamation, online bullying, trolls, victimizing through the creation of cloned profiles, virtual rape, andso on. This is because there is currently no legislation specifically designed to address these crimes.

Types of Cyber Crimes Committed Against Women

1. Cyber stalking: “Stalking is defined as “pursuing stealthily”; put another way, it’s the extensionofa physical form of stalking in which an individual uses an electronic medium—a computer, theinternet, email, or any other electronic device—to uninvitedly pursue, harass, or communicatewith another person². Cyber stalking is a crime that originated online.
2. Cyber pornography: As per A. P. Mali, this represents an additional online threat tothesafetyand security of women. It is the overt, sexually explicit subjugation of women throughimagesorwords that also contain pornography, which is defined as written or visual content that depictsordescribes sexual behavior that is abusive or demeaning to one or more participants inawaythatencourages such behavior. The fact that someone has chosen or agreed to be hurt, mistreated, orthe target of coercion does not lessen the dehumanizing nature of such behavior.³
3. Cyber bullying through Emails: “Harassment of female members through emails is not newinthe internet world. It can take many forms, such as sending requests for friendship, postingmessages that disagree with her on a regular basis, sending vulgar messages to her wall and⁴ “Cyberbullying is the personal email address that is displayed in her profile, and more.” intentional, repeated, and hostile behavior by an individual or group that is meant toharmothersthrough the use of information and communication technologies, such as email, instant messaging, text messages on cell phones and pagers, defamatory personal websites, and defamatoryonline5 personal polling websites.”
4. Cyber Defamation: Another online crime against women is cybercrime, which includeslibelthrough electronic records, such as photographs or comments posted online with the intent toharmsomeone’s reputation. The electronic version of a traditional crime committed onlineiscalledcyber defamation. Even email these days isn’t private; with just a fewclicks, a tech-savvyindividual can access the emails of others and access multiple mailboxes. Emails have alsogrownto be a powerful publication tool, which is a major component of defamation offenses.
5. Virtual Rape in Cyberspace: This is a cybercrime where perpetrators post threats onawoman’ssocial media profile page or wall, threatening to rape her or to demonstrate her worth, etc. Aspecific group’s widespread attack on a woman’s image or remark sparks interest amongothermembers, who then begin to make sexist remarks about women’s sexuality and the owner oftheprofile.
6. Cyber morphing :In essence, morphing involves superimposing something onto original images.Photos of women are typically the target of this. The I. T. Act considers this to be a crime.⁶ Oneofthe most common forms of online harassment that targets women in cyberspace is morphing.Morphing is nothing more than the unapproved alteration of a woman’s personal image.
7. Sextortion :According to the Ministry of Home Affairs, sextortion happens when a perpetratoruses electronic means, such as emails or social media, to threaten or intimidate a victimintodisclosing private information if the victim does not give him money or sexual favors inexchange.Sextortion is not specifically defined as a crime in Indian law. However, “extortion” is definedbythe Indian Penal Code (IPC).⁷

Impact and Causes Of Cybercrime

Cybercrime is a significant threat to society, impacting individuals and nations, and causingsignificantfinancial losses. The internet has enabled communication and sharing ideas, making it easierfor person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property, or valuable security or anything signed or sealed which may be converted into a valuable security, commits “extortion”.

offenders to commit crimes. Women, who are more likely to use social media, are the most frequentvictims of cybercrimes. Common crimes include spamming, email spoofing, cyberdefamation,cyberpornography, morphing, and financial fraud. Fatma Uysal of the UNWomenNationalCommittee Austria reported that 62 million women in Europe have experienced violent acts sincetheage of 15, with 18% of all women over 15 being victims. Women in the 18-24 age rangeareparticularly vulnerable to cyberviolence. Online violence against women is unacceptable, causingemotional distress, financial strain, and hate speech.

Present Scenario

Cybercrime against women has significantly increased during the COVID-19 lockdown, accordingtothe National Commission for Women. The lockdown, which lasted from March 25, 2020, toMay15,2020, has led to an increase in complaints and online filings. Only a few countries havelawsthatrestrict and punish sextortion-related offenses, such as Tanzania, the Philippines, and Bosnia. TheUnited States has implemented an interstate “Workhouse Statute” for sextortion. Prosecutionandholding criminals accountable are challenging due to unclear definitions and penalties. The persistenceof cybercriminals is a major issue, and the police, judiciary, and investigating agencies must stayupdated with technological advancements to prevent harassment or exploitation. Everyone must takeastance against cybercrime, and safety measures must be implemented to create safeonlineenvironments. Community-based and education-based initiatives can help disseminate informationabout cyber harassment and create a safer, more secure world for both current andupcominggenerations.

National Cyber Crime Reporting Portal

The Indian government’s Ministry of Home Affairs has established a specialized portal for thepurposeof receiving complaints regarding cybercrimes, particularly those targeting women and children. Fromanywhere in the nation, the complainant can use this portal to file a complaint. On August 30, 2019,the portal was first made available as a pilot program. A complaint is sent to the appropriatelawenforcement agency after it is submitted on this portal. The launch of the portal has enhancedcoordination and communication between state-level judiciaries and police, which has aidedinthenation’s fight against cybercrimes.

Implication of the Information Technology Act, 2000, onvariousotherstatutes

The Information Technology Act of 2000 has significantly impacted Indian laws, includingtheReserve Bank of India Act, 1934, Bankers’ Books Evidence Act, 1891, and Indian Evidence Act, 1872.

The Reserve Bank of India Act expanded regulations on electronic fund transfers, while theBankersBook Amendment Act expanded the meaning of “Banker’s Books” and “certified copies.” TheIndianPenal Code of 1860 also included a definition for “electronic record” and placed offenses towardscomputer or technology-generated assets under its Extra Territorial jurisdiction.

Important provisions under Constitution of India, 1950; India Penal Code, 1860;Indecent Representation of Women ( Prohibition) Act, 1986; Immoral TrafficAct,1956

The Indian Constitution, enacted in 1950, is the ultimate charter of India, and all laws enactedtherederive their legal standing. Article 15(3) of the Constitution states that the state can makespecialprovisions for women to secure equality and justice. It also addresses women’s health, coveringbothphysical and mental health. The Directive Principle of State Policy’s Article 39(e) addresses women’shealth, stating that it is the responsibility of the State to address online offenses that causewomensignificant stress.

The Indian Penal Code, 1860, lists offenses against women and specifies penalties for them. Itregulates the trade in pornographic literature, offers punishments for harassment throughelectronicmeans, and punishes defamation, printing or engraving defamatory material, selling offensivecontent,and criminal impersonation through anonymous communication. The Act forbids theindecentportrayal of women in advertisements, publications, writings, paintings, figures, and other media. The Act prohibits the production, sale, rental, distribution, circulation, or posting of anybook,pamphlet, paper, slide, film, writing, drawing, painting, photograph, representation, or figuredepictingwomen indecently. It also emphasizes the responsibility of Indian citizens to abstain fromactionsthatdiminish the worth of women, especially in online modes.

The Indecent Representation of Women (Prohibition) Act, 1986, punishes individuals whoviolatesections 3 or 4 with imprisonment of up to two years and a fine of up to two thousandrupees. Forsecond or subsequent convictions, imprisonment can extend to five years, six months, tenthousandrupees, or one lakh rupees. The Act also prohibits publishing anything that presents womeninanindecent way, which can lead to punishment under section 6. The Immoral Traffic Act, 1956, preventsimmoral trafficking and punishes individuals who maintain or oversee brothels.

Privacy infringement and Women

The right to privacy on electronic media, akin to women’s right to be shielded fromsexual predators, isa fundamental human right. It protects individuals from outside interference and attacks, includingthose on their reputations and family. However, digital platforms often expose dataleaksorcompromises to unauthorized third parties. Data is a representation of information, knowledge, facts, concepts, or instructions that is being processed in a computer system or network. This datacanbestored internally or in various forms, such as computer printouts, magnetic or optical storagemedia,punched cards, or tapes. Some crimes, such as “revenge porn,” are gender-specific, suchascommercializing private information, primarily affecting women as victims. These violations areoftenused against victims in divorce, judicial separation, and other family lawcases, affectingtheirreputations and reputations. The Information Technology (Intermediary Guidelines and Digital MediaEthics Code) Rules, 2021, highlight that women are the most vulnerable to privacy violations. Despitestrict monitoring, data collected may still leak, leading to offenses, primarily targeting women.

Personal Data Protection Bill, 2019

The Personal Data Protection Bill, 2019 was introduced by the Minister of Electronics andInformationTechnology, Ravi Shanker Prasad, to address the issue of digital companies gatheringsensitivepersonal information and storing it on servers outside India’s jurisdiction. The bill aims to requirethesecompanies to store their data domestically and prohibit data from being sent outside thecountrywithout authorization from a Data Protection Agency. Penalties for minor violations are Rs 5crore,while major violations could result in imprisonment. The bill aims to reduce cybercrimes, particularlyagainst women, by allowing easy retrieval of sensitive information about offenders. However, it isstilla step in the right direction.

Twitter Transparency Report 2020

India ranked fifth out of 53 countries in the first half of 2020 in requestingcontentremoval from Twitter, with 2668 removal requests made, double that of 2019. 13.8%of theserequestswere fulfilled by Twitter. The government believes this is a simple solution rather than pursuinglegalaction, as most content falls under the “Right to Freedom of Speech and Expression” under Article19(1)(g) of the Constitution. The Information Technology (Intermediary Guidelines and Digital MediaEthics Code) Rules, 2021, require social media platforms to give the government access touserdataupon request, violating the right to privacy under Article 21 of the Constitution andfreedomofexpression under Article 19(1)(a) of the Constitution. If social media platforms violate Rule5, Section79 of the IT Act, 2000, would not apply, and they may be held accountable under the applicableIPCsections. A multilateral treaty among Commonwealth countries is needed to make this provisionoperational on the basis of reciprocity and jurisdiction.

Judicial approach towards cyber crimes against womeninindia

Ranjit D. Udeshi v. State of Maharashtra

(Hicklin Test Adoption)

In this particular case, Section 292 of the IPC was being questioned as being inconsistent withthefundamental right to freedom of speech and expression under Article 19 of the Indian Constitution. Inthis case, the court upheld the constitutionality of the statute by applying the Hicklin test, whichallowsfor reasonable obstruction of the right to freedom of speech and expression on the basis of moralityand decency under Article 1991, clause (2). In actuality, this primary clause strengthensthefundamental law’s opposition to vulgarity in India.

Samaresh Bose v. Amal Mitra

(Need in order to objective assessment for vulgarity)

In this particular case, the Supreme Court demonstrated how the social outlook of thosewhowereprimarily expected to read books can transform a theory of indecency into a very wide range. It mostlydiffers from country to country, with a focus on morality and standards that are relevant tomodernsocieties across different countries. Inspection of the need to guarantee that an impartial assessmentofthe decency of the material hand was made conversed a way in which assessment could be constructedindependent of each judge’s personal perspective.

Miller v. California

The following logical subtraction will be applied to the comprising portions:

1. If the average person who embodies contemporary community standards finds that work, inaddition to the entire, lustful internet,
2. If the work explains how sensual behavior, as defined by the applicable state law, canbecopiedillegally,
3. If the work is fully grasped but lacks any significant scientific, political, artistic, or literaryvalue.

Director General, Directorate General of Doordarshan v. AnandPatwardhan&Anr¹¹

(acquisition of Miller Test)

In this particular case, the Supreme Court expressed concern about Samaresh Bose’s freedecisioncase, which primarily gives judges the authority to determine what they deemto be obscene. Then, inorder to specify indecency, the Court adopted the three-prong Miller test in lieu of the Hicklintest.

Ajay Goswami v. Union of India

¹² (Test of Ordinary Man and Contemporary Standards in the Internet Age)

As a result of tests that were conducted on obscenity, the court upheld the requirement that anysinglework be judged to belong to ordinary man in light of common sense, sagacity, and the absenceofanysingle “out of the ordinary or more sensitive man.”

CONCLUSION

Technology promotes human connections and cultural norms, strengthening womenandeasinghistorical gender roles. However, cybercrimes have emerged, targeting women and posingathreat.Controlling these crimes is challenging in India due to low awareness. Laws like the InformationTechnology Act of 2000 treat offenses equally, but jurisdiction remains a point of contentionincybercrime cases.

Cybercrimes against women are becoming a significant issue due to lack of specificlawsandignorance of computers and information technology. Technology advancements have led toadailyrisein cybercrimes and violence against women, making it dangerous for their security. Understandingcyberspace and the binary language used by computers is crucial for comprehending the complexitiesof cybercrimes. Businesses like Facebook, Instagram, and Twitter have thrived due to their abilitytoshare information.Tech firms invest billions in data acquisition, storage, and real-timeupdates,profiting from it. They display ads to display data, but personal information can fall into wronghandsdue to cyberspace’s unrestricted boundaries and data leaks.

Cybercrime can occur without physical presence, and the justice systemoften fails incaseswhereoffender extradited due to local laws. This issue is particularly concerning for women, whoareoftentargeted by bullies, jealous coworkers, abusive ex-partners, and individuals with feudalisticmindsets.Nations should work together to bring responsible individuals to justice and prevent cybercrimefromoccurring. Protected speech is crucial in cyberspace.

The Indian Supreme Court has ruled that Pegasus can access data, eavesdrop on conversations, andperform malicious implants when lodged in target phones, highlighting the importance of privacyandwomen’s dignity. Cyber laws globally are generally gender-neutral, but the Indian social systemmay make certain cases ineligible. Underreporting of cybercrime-related incidents, primarily due toparentalpressure and social stigma, has led to a rise in crimes against women. India’s cyber laws are ineffectivein combating cyber offenses, particularly those targeting women.

Reference(S):

¹ S.T. Viswanathan, The Indian Cyber laws: with Cyber Glossary, (BLH) New Delhi 2001, p.81.

² Oxford dictionary.

³ Prashant Mali, Cyber law and cyber crimes simplified, (Cyber Infomedia, Delhi, 2018)

⁴ Debarati Halder and K. Jaishankar, Cyber Crimes against women in India, (Sage Publication, New Delhi, 2017)

⁵ Bill Belsey, “Cyberbullying: An Emerging Threat to the ‘Always On’ Generation” BCEPT 1 (2019).

⁶Information Technology Act, ss. 43 and 66.

⁷ Extortion means “Whoever intentionally puts any person in fear of any injury to that

⁸ AIR 1965 SC 881.

⁹(1985) 4 SCC 289.

¹⁰ 413 US 15 (1973) .

¹¹ 1996 (8) SCC 433.

¹² AIR 2007 SC 493.