Cyber Violence against Women by Pooja Jha at LEXCLIQ

  • INTRODUCTION

Cyber crime is a global phenomenon. The development of technology has lead to the higher rate of cyber crime and victimization of women. Cyber crime is considered as a major threat to the security of a person and their personal data. In India, we even have laws to combat cyber crime but these laws are not throwing light on the issues regarding women

  • CYBER CRIME AGAINST WOMEN

Criminal activities that is customary in nature, for example, robbery, extortion, phony, defamation and underhandedness, which are all subject to the Indian Penal Code. The abuse of computers has likewise brought forth a range of new age crimes that are tended to by the Information Technology Act, 2000. Which has been corrected a few times and most recent in 2008 to bring quickly developing cyber crimes under its ambit, we can for the most part arrange Cyber crimes in two different ways:

  1. The Computer as a Target: – utilizing a computer to attack different computers. For example Hacking, Virus/Worm attacks, DOS attack and so on.
  2. The computer as a weapon: – utilizing a computer to carry out true crimes. For example Cyber Terrorism, IPR infringement, Credit card cheats, EFT fakes, Pornography and so on.

Violence against women is changing a direct result of technology. This is the reason cyber crime against women is expanding step by step. Internet and electronic network has presented women to cyber-stalking, cyber defamation, harassments, email parodying, pornography, psychological torture and sexual abuse and so forth. By and large, women stay unmindful of these crimes and their innate peril. However, most women are as yet unconscious of these crimes, until they come to think about reality, it gets past the point of no return by at that point. In this way, cyber space has moved toward becoming extremely a play ground for some false individuals who endeavor to defraud women through online harassment.

  • TYPES OF CYBER CRIME AGAINST WOMEN

There are various kinds of cyber crime happening throughout the world and innocent people are being targeted by the cyber criminals. Followings can be recognized as cyber crimes targeting women specially:

  1. Cyber stalking: Cyber stalking involves following a person’s movements across the Internet by posting messages (sometimes threatening) on the frequented timeline of the victim, entering the chat-rooms that is frequently being used by the victim, constantly bombarding the victim with email etc. This is one of the most talked about crime in the digital world. The Information Technology Act, 2000 does not defines Cyber Stalking in particular but it is inculcated under certain provisions of the Act dealing with the matter of “intrusion on to the privacy of an individual”. Thus the most used provision for regulating the offence of cyber stalking is Section 72 of the IT Act, which states as follows:

“Penalty for breach of confidentiality and privacy.- Save as otherwise provided in this Act or any other law for the time being in force, if any person who, in pursuance of any of the powers conferred under this Act, rules or regulations made there under, has secured access to any electronic record, book, register, correspondence, information, document or other material without the consent of the person concerned discloses such electronic record, book, register, correspondence, information, document or other material to any other person shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both[1]

Ritu Kohli’s Case[2]

Ritu Kohli Case was India‟s first case of cyber stalking, in this case Mrs. Ritu Kohli complained to police against a person, who was using her identity to chat over the Internet at the website http://www.micro.com/, mostly in Delhi channel for four consecutive days. Mrs. Kohli further complained that the person was chatting on the Net, using her name and giving her address and was talking obscene language. The same person was also deliberately giving her phone number to other chatters encouraging them to call Ritu Kohli at odd hours. Consequently, Mrs. Kohli received almost 40 calls in three days mostly on odd hours. The said call created a havoc in personal life of the complainant consequently IP addresses was traced and police investigated the entire matter and ultimately arrested the offender. A case was registered under the section 509, of IPC and thereafter he was released on bail. This is first time when a case of cyber stalking was reported.

2. Cyber pornography: Cyber Pornography can be defined as the act of creating, publishing or distributing pornographic material, using internet as a medium, into the cyber space.  This is the another form of cyber crime that is a threat to the females as nobody can predict which action of theirs are being recorded and would later end up on internet. In India, it is not illegal to watch pornography privately but creation, transmission, publication or distribution of any such content is being penalized under certain laws. Section 67 of IT ACT, 2000, provides the punishment for publishing or transmitting obscene material with the internet medium.

3. Cyber Harassment: Cyber Harassment is characteristic repetitive behavior intended to disturb or up rest a person though use of internet. 67 A, 67 B of the IT act provide sexual harassment in respect of offences of publishing or transmitting of material containing sexually explicit act and child pornography in electronic form, in the cyber world harassment including blackmailing, threatening, bullying, and even cheating is often done through e-mailing. Email harassment is very similar to harassing through letters; however, it is greatly difficult to crackdown upon the culprits of crime in cyber harassment as often people create fake identities on internet for such purposes.

4. Morphing: Morphing is editing the original picture so as to make it look completely or largely different. Often criminally minded elements of the cyber world download pictures of girls from websites such as Facebook and then morph it with another picture in compromising situation so as to represent that those women were indulging in such acts. Often the next step after this is to blackmail those women through the threat of releasing the morphed images and diminishing the status of those women in society.

5. Cyber defamation: Cyber tort including libel and defamation is another common crime against women in the net. This occurs when defamation takes place with the help of computers and or the Internet.

6. Email Spoofing: E-mail spoofing is a term used to describe fraudulent email activity in which the sender address and other parts of the email header are altered to appear as though the email originated from a different source; it is done by properties of the email, such as the From, Return-Path and Reply-To fields, ill-intentioned users can make the email appear to be from someone other than the actual sender. This method is often used by cyber criminals to extract personal information and private images from unsuspecting women, these images etc are then used to blackmail those women.

 

  • SUGGESTIVE MEASURES

It is high time to call for modernization of the preventive set up for cybercrimes and to equipped police personnel with suitable knowledge and skills. Some of the solution are given below:

1) NCRB should assemble all the cases of woman and child harassment and other cybercrimes against woman and children under a separate category so that performance of law enforcement agencies in this regard could be discerned and observed properly.

2) Law enforcement agencies and police force need to be sensitized of the challenging facets of cyber-crimes against woman and children and their dimensions to record and initiate action against such crimes needs to be strengthened urgently.

3) There should be a Digital Police Portal or E-Portal where woman can report their problems online. This could reduce the number of cases under-reported due to associated stigma and propensity of parents/guardians to not involve police in such matters the portal also maintains the database of criminals which could really help law enforcement.

 4) School curriculum must cover all aspects of cybercrimes. Therefore, education system must initiate contemporary issues pertaining to cybercrimes.

5) It is suggested that all international service providers must put their servers in India to track IP Address for fast and better investigation.

  • CONCLUSION

Cyber victimization of women is a piece of the image, yet managing firsthand and on need premise with this image can complete a lot of aiding in checking the hole and lessening cyber crimes. Government needs to fortify the legal system to bring down cyber crimes, since lawbreakers think of it as a lot less demanding than traditional crimes because of less chances of getting penalties. Also, what should be changed is the sense or frame of mind of the society towards women, not to think about lady as a ware. Individuals need to understand that violence against women is only a sign of sexual orientation segregation and disparity in sex control relations. Thirdly, women ought to understand that the time has come to dismiss the quietness or hesitance and approach for battling against cyber crimes and for their rights. Fourthly, it requires a standard research and consideration on cyber crimes. Women ought to likewise take an interest in such kind of activities.at last, individuals needs to change their mentalities towards women and ought to build up the feeling of shared characteristic since neatness begins from home.

[1] .  Section 72, IT ACT, 2000

[2] . http://cyberlaws.net/cyberindia/2CYBER27.htm

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