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Focus: Prevalence and Impact of Cyber Harassment of Women in India, Part Two

Online harassment is one of the most common forms of cybercrime against women in India. It involves the use of digital platforms to send threatening, abusive, or offensive messages or comments to women. About 60% of women have experienced cyber harassment leading to significant mental distress, anxiety, and fear among women, making them feel unsafe and vulnerable.      

Cyber stalking is another type of cybercrime that women in India face. It refers to a pattern of repeated online harassment that involves following, monitoring, or tracking someone’s online activity. Cyber stalkers use various digital platforms like social media, emails, and messaging apps to stalk and harass their victims, which have been growing rapidly.  

In real complaints by affected women, it has been noticed that there is a common pattern by which an unknown caller calls on a mobile number and once it is picked up by a lady, he asks for a fictitious person and upon decline in knowing the person, the phone is disconnected by apologies. Then the real problem starts. In the nighttime, fictitious messages saying “Hi” or any texts like “what are you doing” etc. which is not apprehended to be an offence are made and the criminal makes inroads after identifying in some fictitious or relatively common name. if there is any communication by the unsuspecting receiver, slowly he gathers her confidence, strikes up a friendship and thereafter lewd and often objectionable texts are sent, which causes distress to the receivers. The offenders of cybercrimes are not those tom, dick and harry types of thieves and petty criminals that are seen everywhere, these are almost always educated and well informed people, who synchronise their criminal mindsets to target unsuspecting victims. For example, children today are seen to be often suffering from depressions, anxiety and other forms of mental health disorders, due to domestic issues in the home, educational stress, lack of proper time by parents etc. and in these bouts of unmindful ness, the attackers targets the children and commits the offences after gaining the confidence of the children and induces the children to keep quiet about their association, so that elders are not aware about the manipulations. I this connection, I may state that even well-educated, high-ranking officers have not been exempt, in one case, the offender intruded into the cyber space of the female officer and started sending obscene and lewd texts in the night by disguising himself. However, with the use of technology the identity of the person was unearthed and action initiated against him. Despite that the best initiative that was seen to be taken was the advice for the said affected female victim to block unknown numbers and not to attend calls from unknown numbers in the first instance.  

Cyberbullying is the use of technology to harass, humiliate, or intimidate someone. It is one of the most common forms of cybercrime against women, particularly among young girls and women. Cyberbullying can take many forms, including spreading rumors, posting offensive messages, and sharing embarrassing photos or videos. A survey by the Cyber and Media Cell of the Police found that most cyberbullying victims in India were women.                                   

Revenge porn is a particularly heinous form of cybercrime against women in India. It involves the distribution of sexually explicit images or videos without the victim’s consent, often as an act of revenge or blackmail. In a conservative society like India, revenge porn tends to cause severe mental and emotional trauma, as well as damage to a woman’s reputation.

A great upsurge is seen in the reported cases of revenge porn in India in the recent years, which is a cause of concern for all. Cybercrimes against women in India are a complex phenomenon that is influenced by several underlying factors. These factors include gender-based violence, patriarchal attitudes, and lack of awareness about cyber security.Gender-based violence is a root cause of cybercrimes against women in India.                                                                          

Women in India face various forms of violence, such as domestic violence, sexual harassment, and physical assault. These forms of violence often spill over into cyberspace, where perpetrators use technology to harass, stalk, or blackmail their victims. In many cases, the perpetrators are known to the victims, such as intimate partners or family members. These people and their intended offences, often manifest in cyberspace, where women are subjected to online harassment, trolling, and abuse. Women who speak up against harassment or violence are often accused of bringing shame to their families or communities. The lack of support from family and society can deter women from reporting cybercrimes.     

It is with reference to these problems that the cases of Vishaka, Sakshi, (supra) were explained above which led to the foundation of providing an atmosphere, where the female victim or the child can speak up clearly without fear of identification and threat. A classic example of the manner in which females are intrigued inside the Courts and cross examined in such a manner that it will be almost impossible for them to render a correct and true account of the ordeal that they have gone through is portrayed in the Hindi Movie “Damini,” where the defence counsel puts his questions to the victim of offence in such lewd manner that it becomes almost impossible fer her to answer.  However, provisions in the erstwhile CrPC as well as in the present BNSS has been incorporated  

The lack of awareness about cyber security is another contributing factor to the prevalence of cybercrimes against women in India.

Many women in India lack basic knowledge about safe online practices, such as creating strong passwords, avoiding phishing scams, and using privacy settings. This lack of awareness makes them vulnerable to cyberattacks, such as identity theft, financial fraud, and data breaches. The absence of comprehensive cyber security policies and laws also makes it difficult for women to seek justice and protection.

The rise of cybercrimes against women in India has led to the development of a legal framework to address these crimes. The legal framework in India includes several laws and regulations, including the Information Technology Act, 2000, the Indian Penal Code, and the Protection of Women from Domestic Violence Act, 2005.

The Information Technology Act, 2000 (IT Act) is the primary law that deals with cybercrimes in India. The IT Act was enacted to provide legal recognition for electronic transactions and to facilitate e-governance. The IT Act includes provisions that deal with cybercrimes against women, such as hacking, identity theft, and electronic stalking. The IT Act also provides for the establishment of cybercrime investigation cells in every state to investigate and prosecute cybercrimes. The Indian Penal Code (IPC) is the primary criminal law in India. The IPC includes provisions that deal with crimes against women, such as rape, sexual harassment, and domestic violence. The IPC as well as the present BNS includes provisions that deal with cybercrimes against women, such as voyeurism, cyber stalking, and dissemination of sexually explicit material. Those statutes also provide for punishment for abetment to cybercrimes against women. The PWDVA also includes provisions that deal with cybercrimes against women, such as online harassment, stalking, and revenge porn.

Challenges in Addressing Cybercrimes Against Women

As has already been discussed above, cybercrimes against women are a growing concern and the necessity to address it as effectively as possible is the need of the hour. Let us study some of the key challenges that are faced by the law enforcing agencies in addressing these issues.  

One of the main challenges is the lack of resources available to law enforcement agencies to investigate and prosecute cybercrimes. As cybercrime becomes more sophisticated, investigators require specialized training and access to advanced tools to tackle complex cases. However, many police departments and investigative agencies lack the necessary resources and expertise to carry out cyber-forensics investigations effectively.                

Cybercrimes are often complex and require specialised knowledge and technology to investigate. There is specialized branch of investigators known as cyber forensic experts, who are very adept at dealing with cybercrimes. However, in India, it is done by the regular police departments, which are understaffed and lack the necessary resources to handle cyber crime cases effectively.  

This results in delayed or inadequate investigations and low conviction rates. Another challenge is the low reporting rate of cybercrimes against women. Many women may not report incidents of cybercrimes due to fear of retaliation or social stigma, or because they are not aware of their rights or the available legal remedies. This underreporting can make it difficult for law enforcement agencies to accurately assess the prevalence of cybercrimes against women and allocate resources accordingly. In addition, the legal system in India faces challenges in addressing cybercrimes against women. The Indian Penal Code and the Information Technology Act, 2000, provide legal provisions for cybercrimes, but they may not always be effectively implemented or enforced. There may also be a lack of clarity or inconsistencies in the interpretation of these laws, which can result in different outcomes for similar cases. Finally, the lack of adequate training for law enforcement officials and legal professionals can be a significant challenge in addressing cybercrimes against women. Many law enforcement officials may not have the necessary knowledge or skills to handle cybercrime cases, and legal professionals may not have specialised training in cybercrime law. This can lead to errors in investigations or legal proceedings and can contribute to low conviction rates. cybercrimes against women in India are a serious issue that require effective responses from law enforcement agencies and the legal system.

Government Initiatives and Policies

The National Cybercrime Reporting Portal was launched in 2018 by the Ministry of Home Affairs to provide a platform for citizens to report cybercrimes. This portal allows citizens to report incidents of cybercrime, including those that target women, and provides them with information about cybercrime prevention and safety measures. The portal also enables law enforcement agencies to take prompt action on reported cases. The Cybercrime Prevention against Women and Children (CCPWC) scheme was launched by the Ministry of Home Affairs in 2018 to provide financial assistance to states and union territories to set up specialized cybercrime cells to handle cases related to cybercrimes against women and children. The scheme also provides for the creation of a dedicated cyber forensic laboratory in each state and union territory to assist in the investigation of cyber crime cases. In addition to these initiatives, the Govt. of India has also introduced several policies to address cyber crimes against women. The National Policy for Empowerment of Women, launched in 2001, includes provisions for the protection of women’s rights in cyberspace. The policy recognizes the need to address gender-based violence in all its forms, including in cyberspace, and calls for the development of gender-sensitive laws and policies to address this issue. 

The Digital India initiative, launched in 2015, aims to transform India into a digitally empowered society and knowledge economy. The initiative includes provisions for the promotion of digital literacy and cyber security awareness among citizens, particularly women and girls. The initiative also includes measures to improve the availability and quality of digital infrastructure and services, which can help to reduce the digital divide and increase access to technology for women.

The Indian government has also introduced several amendments to the Information Technology Act, 2000, to strengthen the legal framework for addressing cybercrimes against women. These amendments include provisions for the punishment of cyber stalking, voyeurism, and dissemination of sexually explicit material without consent. The amendments also provide for the establishment of a Cyber Appellate Tribunal to hear appeals against decisions of adjudicating officers under the Information Technology Act. Despite these initiatives and policies, there are still challenges in effectively addressing cybercrimes against women in India.

Role of Technology in Combating Cybercrimes

Technology has revolutionised our lives in many ways, but it has also opened new avenues for cyber criminals to commit crimes against women. However, technology can also play a crucial role in combating cybercrimes against women in India. Artificial intelligence has the potential to revolutionise the way we deal with cybercrimes. AI can be used to detect and prevent cybercrimes in real-time. AI algorithms can analyse large amounts of data to identify suspicious activities and alert law enforcement agencies to take action. AI can also be used to identify patterns in cybercrimes, which can help in predicting and preventing future cybercrimes. Machine learning is another technological tool that can be used to combat cybercrimes against women. Machine learning algorithms can analyse data and learn from it to identify patterns and anomalies. This can help in detecting and preventing cybercrimes in real-time.

Machine learning can also be used to identify and track cyber criminals, which can help in bringing them to justice. Blockchain technology is a decentralised, secure, and transparent digital ledger that can be used to store and transfer data. Blockchain technology can be used to prevent cybercrimes such as financial fraud and identity theft. Blockchain technology can also be used to store sensitive information securely, which can prevent data breaches. As India continues to digitalize its economy and infrastructure, the importance of cyber forensics will only grow. The government has taken steps to strengthen its cybersecurity framework, such as establishing the Indian Computer Emergency Response Team (CERT-In) and implementing the National Cyber Security Policy.           

• Two-factor authentication: Two-factor authentication can be used to secure online accounts and prevent unauthorised access.

• Encryption: Encryption can be used to protect sensitive information such as passwords and personal data. 

• Firewalls: Firewalls can be used to prevent unauthorised access to computer networks and systems.

• Anti-malware software: Anti-malware software can be used to detect and prevent malware infections.

Technology has the potential to play a crucial role in combating cybercrimes against women in India. Artificial intelligence, machine learning, and blockchain technology are just a few of the technological tools that can be used to prevent and mitigate cybercrimes. However, it is important to note that technology alone cannot solve the problem of cybercrimes against women.

Best Practices for Preventing Cybercrimes Against Women

Cybercrimes against women in India are on the rise, and it is crucial for women to take measures to protect themselves from becoming victims. Some best practices that women can follow to prevent cybercrimes against themselves.

• Use Strong Passwords: One of the simplest yet most effective ways to protect yourself from cybercrimes is to use strong passwords. Make sure your passwords are at least 12 characters long and include a mix of upper and lowercase letters, numbers, and special characters. Avoid using easily guessable passwords like your name, birthdate, or pet’s name.

Keep Personal Information Private: Be careful about what personal information you share online, including on social media platforms. Avoid sharing your phone number, home address, or other sensitive information publicly. Also, be wary of phishing emails or phone calls asking for personal information.

Be Careful with Social Media: Social media can be a double-edged sword. While it can help you stay connected with friends and family, it can also be a breeding ground for cybercrimes. Be cautious of who you add as friends and avoid sharing personal information or sensitive photos online.

• Use Two-Factor Authentication: Two-factor authentication adds an extra layer of security to your online accounts by requiring a second form of authentication, such as a code sent to your phone, in addition to your password. Many popular online services, including email providers and social media platforms, offer this feature.

• Keep Software Up to Date: Make sure to keep your software, including your operating system and antivirus software, up-to-date. Software updates often contain security patches that address vulnerabilities that cyber criminals may exploit.

• Use Antivirus Software: Antivirus software can help detect and prevent malware and other malicious software from infecting your device. Make sure to install reputable antivirus software and keep it up to date.

• Report Incidents: If you become a victim of cybercrime, it is crucial to report the incident to the authorities. Reporting incidents can help prevent future crimes and can also help law enforcement track down and prosecute cyber criminals.                                     

Conclusion

In conclusion, cybercrimes against women in India is a serious issue that requires collective efforts from the government, law enforcement agencies, technology industry, and society at large to address effectively. With the right approach and collaboration, we can create a safe and secure cyberspace for women in India.

Picture design by Anumita Roy           

author avatar
Gautam Chaudhury
Gautam Chaudhury is a former lecturer at Darrang College and presently a senior counsel practicing law in the Gauhati High Court, High Court at Calcutta, Delhi High Court as well as the Supreme Court of India. Apart from legal pursuits, he is a social thinker with reformist ideas in governance as well as society. He engages himself in playing lawn tennis, powerlifting, and singing songs.

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