The Internet is a world unto its own. Things that were unimaginable once can be done online now- video-calling someone on another continent, watching space in real time, and even buying virtual plots of land. The Internet is developing at breakneck speed; and along with making lives easier, it also has ruined them. Crimes have made their way online; some websites, links and calls are used to scam people off their money and data. People are bullied with hate comments, harassed with spam and sexual threats and they are stalked. Doctored media is used to spread misinformation; private photos and videos are used for blackmail, and for revenge porn. Most of the sexual crimes online, as in the real world, happen with girls and women.
Cybercrimes against women primarily include instances of cyber blackmail, threatening, cyber pornography, posting/ publishing of obscene sexual materials, cyber stalking, bullying, defamation, morphing, and creation of fake profiles.
According to data by NCRB, out of the 52,974 cybercrime incidents reported in 2021, 10,730 — 20.2 per cent — were reported as cases of crime against women.
The Genesis of Cybercrime Laws in India:
Cybercrime got legal recognition in India with the Ritu Kohli case in 2001. The victim complained to the police against a person, who was using her identity to chat over the internet. She further complained that the perpetrator was also giving away her address online and using obscene language. Her contact details were also leaked leading to frequent calls at odd hours. Consequently the ‘IP’ address was traced and police investigated the entire matter and ultimately arrested the offender, Manish Kathuria. The police registered the case under Section 509 of the Indian Penal Code for outraging the modesty of Ritu Kohli. But Section 509 of the Indian Penal Code only refers to a word, gesture or act intended to insult modesty of a woman and when the same things are done on the internet, then there is no mention about it in the said section. India’s cyber laws never had a particular provision for cyber stalking nor any other sections for protection of women. None of the conditions mentioned in the section covered cyber stalking. Thus, Ritu Kohli’s case alerted the Government to the urgent need to make laws regarding the aforesaid crime and regarding protection of victims under the same.
The Chandigarh University case:
Massive protests broke out on the Chandigarh University campus at Mohali (not to be confused with Panjab University, Chandigarh) post-midnight on September 17, after students alleged that “private” and “objectionable” videos of several women hostel inmates were leaked on the internet.
The students alleged that videos of nearly 60 girls taking bath in the hostel were leaked. On the other hand, the varsity issued a statement that one video was circulated. Moreover, it was recorded and circulated by the accused herself. The authorities claimed that that the girl had made her own video and shared it with her friend in Himachal Pradesh.
An FIR under Section 354-C (voyeurism) of the Indian Penal Code and Information Technology Act has been registered in the matter and further probe is on, the police said. Refuting rumours about the death of any student on the campus in connection with the controversy, the university said that the video had been leaked by a girl student, who herself sent the video to one of her friends. The development came to the fore after Chandigarh University’s pro-chancellor issued a statement clarifying there has been no suicide or death on campus.
Despite numerous laws and legal recognition for cybercrimes, the situation still remains bleak, since the Internet is a fast-developing place and its reach falls beyond the ambit of law. Hence, it is upon the users to defend their rights and privacy.
