Cyber Crimes Against Women in India From Covid to the Present Era

ABSTRACT

India has seen tremendous technological progress in the field of digital communication technology or information communication technology over the last several decades. But, as is often stated, with power comes responsibility, and when that obligation is abused, it gives rise to cybercrimes, particularly against women. When the entire world was gripped by an unprecedented wave of the COVID-19 pandemic, working online became the new normal. However, the fact remains that this period witnessed some of the most serious cyber crimes against women, especially sexual offences such as cyberstalking, doxing, taking creepshots, cyberbullying, and so on.  According to the NCRB’s 2021 report, out of the 2597 recorded cases of women-centric crimes, 1896 cases were related to distributing or transmitting sexual content, and 701 cases involved instances of other women-centric offences, such as fake avatars, blackmailing, morphing, and so on. The first National Cyber Security Policy was issued in 2013, which was followed by the National Cyber Security Strategy in 2020.  According to the NCW Chairperson, 98% of cybercrimes are carried out against women. Although the Information Technology Act of 2000 was the first to address IT crimes, it was not without flaws such that our country does not have a specific legislative framework in place to prevent cybercrime against women.

Keywords: Cybercrime, COVID-19, Internet, Sexual, Technology and Women.

INTRODUCTION

The status of women during the ancient past was comparable to that of great monarchs and deities who held significant positions in society. The paradox is that despite having vital roles in society, they are among the most vulnerable groups. Every year through a  UN initiative, everyone celebrates International Women’s Day on March 8. “DigitALL Innovation and Technology for gender equality” is the theme for 2023. In a recent study conducted by the United Nations Economic and Social Commission of Asia and the Pacific (ESCAP), it was enunciated that due to increased sexual cyber-crimes against women, the world has witnessed a wide ‘digital divide’ in accessing the internet between populations of men and women. As per this 2020 report, 58.3 percent of men accessed internet services compared to 48.4 per cent of women. As far as the Asian continent is concerned, it is 54.6 and 41.3 percent respectively. On one hand, the internet is not safe for women as they are more prone to harassment, on the other hand, if they don’t work online, they won’t be able to learn, earn and socialize virtually. As per the UN Special Rapporteur on Violence against Women, 2018, it was highlighted that new cybercrimes have emerged against women, i.e. online mobbing, online harassment, etc.

The cyber crimes have advanced without borders along with the anonymity of the cybercriminals. It states, that it is a need of an hour to have a special legislative framework by the respective countries for combatting digital violence against women. The Cyber Victim and Counselling states, her NGO in the past one and a half years has witnessed 200 cases of revenge porn (Halder, 2022). As per the 230th Report, dealing with Atrocities and Crimes Against Women and Children, released by the Rajya Sabha in 2021, the utmost legal challenge which remains is the transnational nature of cybercrimes as a result of which, determining the jurisdiction of such crimes becomes complex. Also, as per this report, when the Information Technology Act of 2000 was amended in 2008, aspects like e-commerce, cybersecurity and cyberterrorism came into existence.

However, the lacuna still remains, the 3A’s are missing, i.e. Anonymity, Attribution and Ascertainably. Another crucial fact is, contrary to what the Information Technology Act of 2000 explicitly states, there is no specific law or regulation that addresses cyber harassment of women. Some cardinal questions which we need to answer are as follows:

• What is the impact of such technology and the potential dangers for women in cyberspace?

• At what magnitude have cyber sexual crimes against women been spreading out since the advent of the COVID-19 pandemic? ­

• Whether the laws, rules, or regulations at present, both in national and international arenas are sufficient to put the sexual harassment of women in cyberspace at abeyance?

• What is the jurisdictional limit for the enforcement of laws in cyberspace?

As the COVID-19 pandemic is still lurking, there are certain sexual cyber crimes which have come into existence, like zoom bombing, zoom flashing or cyber flashing. As per the Cambridge Dictionary, it is defined as when an individual is actively participating in a video conference using electronic technology, to which the individual is not invited disrupting the meeting and leading to a sudden breakdown of the session. The issue remains that the IT Act, 2000 deals with cybercrimes but, the act does not define the terms, i.e. cybercrimes, cyber harassment, cyberstalking/bullying, cyber victimization, women, etc. According to Akancha Srivastava, a victim of cyberstalking and the founder of the Akancha Foundation in 2017, which focuses on combating online harassment against women, 412 cases were reported to them between March 25th and April 25th, 2020, with 396 cases pertaining to circulating unsolicited online photographs, blackmailing, and so on. However, the Digital Shakti programme was launched by the National Commission of Women (NCW) to ensure digital awareness and dexterity.

The judiciary has played a paramount role in combatting the sexual cybercrimes against women. In a famous case of Vikram Vincent v State of Karnataka the husband was made liable under Section 66E of the Information Technology Act, 2000 for sending obscene photos and violating the privacy of his wife to her father and friends. Similarly, in Anish Jose Antony v State of Karnataka the accused used to stalk the girl to foster personal relations despite her disinterest. In failure of which, the accused started sending threatening messages to her. As a result, he was made liable for cyberstalking under Section 354D of the Indian Penal Code, 1860.

THE WAY FORWARD      

The COVID-19 pandemic is still haunting the globe with its new variants. Despite its presence, for more than three years, we lack proper mechanisms to tackle such cybercrimes which are extra juridical and borderless. To address cyber harassment, better legal and institutional frameworks are required. To control social media platforms, the government has introduced the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, even though, there are concerns about its influence on free speech and expression. Sensitization and training programmes for law enforcement and judiciary employees are also critical. It is an emerging area of criminality which needs to be analysed, researched and solved.

The United Nations Social and Economic Commission on Asia and Pacific (2020): “The Covid-19 pandemic and violence against women in Asia and the Pacific”, Policy Paper: Social Development Division. 

United Nations General Assembly (2018): Report of the Special Rapporteur on violence against women, its causes and consequences on online violence against women and girls from a human rights perspective, Human Rights Council, Thirty Eighth Session.  

Cyber Peace Foundation, (2022). Retrieved October 3, 2022 from https://www.cyberpeace.org/watch-out-your-sex-text-can-return-as-revenge-porn/

Rajya Sabha Secretariat, (2021): “230th Report on Atrocities and Crimes against women and Children”, 15th March, 2021, Rajya Sabha, New Delhi: Government Press.   

Madhu, A. (2022, April 03). Online abuse went up during COVID-19, finds study. The Deccan Herald, Retrieved from https://www.deccanherald.com/national/online-abuse-went-up-during-covid-19-finds-study-1097373.html

National Commission for Women’s cyber safety programme to help females use digital space to upskill. (2022, November 15) The Hindu. Retrieved from https://www.thehindu.com/news/cities/Delhi/national-commission-for-womens-cyber-safety-programme-to-help-females-use-digital-space-to-upskill/article66140624.ece

MANU/KA/2175/2022

MANU/KA/0017/2023

AUTHOR DETAILS

Mr. Radha Ranjan

Doctoral Research Scholar, Central University of South Bihar, Gaya

Email ID: murarieflu@gmail.com

Miss Jivantika Gulati

Assistant Professor Law, Symbiosis Law School, Pune,

Email ID: jivantikag@gmail.com