ABSTRACT:
India is one of the top five countries in the world for cybercrime, an issue that is spreading quickly. Women are particularly affected by cybercrime because they are more likely to be victims of crimes in society, which leads to criminals using and blackmailing them. With an emphasis on the legal system and enforcement strategies to combat these crimes, this study attempts to describe the scope and character of cybercrimes against women in India. According to the research, online harassment, cyberstalking, and revenge pornography are the most frequent cybercrimes against women in India. Due to societal fear and the court’s insufficient legal procedures, some victims choose not to disclose their issues, and many crimes go unreported because of a lack of legal awareness. The study also discovered that the existing legal system in India is insufficient to handle the particular difficulties presented by cybercrimes against women, and that law enforcement organizations require improved training and resources in order to properly investigate and prosecute these crimes. With an emphasis on the legal system and enforcement tools, this study critically analyzes the scope and character of cybercrimes against women in India. Crimes often go unreported due to fear of the perpetuator or lack of trust in law enforcement, these are witnessed by persons around us, and therefore, the nature of these crimes is well-known. The existing legal framework in India seems to be insufficient to combat Cybercrimes against women and also the women do need a better training or education about the risk and Legal protection they are entitled to.
KEYWORDS:
Cyber-crime, Awareness, Physical and mental health, Cyber security, Government policies.
INTRODUCTION:
As the Technology growing, makes it easier and more efficiency, created a new world of internet, creates e-banking buds’ reduction of costs and the process of time consuming by waiting in queue for any works like withdrawal, deposit has now disappeared because of use of the Technology. According to the Study by National Commission for Women 54.8 percentage of Women are affected by Cyber Harassment and only 26 percentage of women filed the case regarding their morphed images. As per the law says If there is an right there will be an duty or liability imposed, the same as, if there are more advantages there will be some disadvantages like Hackers and crackers who make use of Internet and found ways to interfere into another’s user account, computers and make unauthorized entry and stole their useful information and data. According to the Utilitarian Theory by Bentham there will be both pain and pleasure for an act we should take into consideration the pleasure than off pain. Though there are some legal remedies and punishment available the crime rates increase day by Day. Cyber-crime had imposed challenges on women and as a consequence they face many physical and mental health issues.
RESEARCH METHODOLOGY:
My research paper is based on the quantitative approach which formal, objective, systematic study process as a primary source of research. The Secondary source of information like articles, reports, websites and books used for my research. The study of my research also includes an analysis of cybersecurity initiatives and technological solutions aimed at preventing women from cyber-crime.
CYBER CRIME MEANING:
Cyber-crime is said to be that, if any unlawful activity happens and Computer, Communication devices and internet is used as mediator or tool for that committal is cyber-crime. Cyber-crimes include financial fraud, cyber bulling, hacking and online harassment. It is intended to enter into the private space of others and disturb them with inappropriate behavior. Internet, computers are today used for the purposes of Education, Work and Social entertainment in this digital world. Women today are mostly relying on internet for learning, professional purpose, use of social media platforms to become famous and using internet for cooking etc., This becomes add on advantage for the Hackers and other abusers they make use of it and bully, abuse especially women by commenting bad on their posts, stories and by using Artificial intelligence create fake and morphed photos of women and misuse it, creating nudity contents related to women. Unfortunately, Women are prone to cyber-crimes, as the crimes against Women are rapidly increasing in recent days and it leads to emotional trauma.
CYBER CRIME AGAINST WOMEN:
Cyber violence is kept on increasing uses Computer’s to access the women’s information and uses the internet as tool for harassment and exploitation. Women are often soft cornered and they believe in abusers quickly as because of they are unaware of the consequences. Cyber-crime affects women the most because they are addicted to social media and they are major users of Internet platforms like online shopping and get frauded, they are subject to mental and emotional harassment. As we already seen many crimes gone unreported because it is very difficult, hectic procedure for reporting of cases and proving them. Cyber-crime is widespread concept than normal crimes it requires special skills for investigation, audit and prove the nature of crimes.
CAUSES OF CYBER CRIMES:
Cyber-crimes in India are influenced by certain factors like Known offenders, Patriarchal system and lack of awareness. Women in India face many problems like domestic violence, sexual harassment and physical abuse. The main root cause of crime is known offenders whom the women believe on and share close and intimate details with them, they were mostly of partners, friends and family members as the known users took advantage of the situation and try to abuse or harass or even blackmail the Women. According to a report by the National Crime Records Bureau, over 93% of rape cases In India were committed by someone known to the victim. Patriarchal system, India is said to be following the patriarchal system for years and years it still continues in crimes as there is an male dominance, control over women. As because of patriarchal system the child today becomes Misogynist and they are the main reason for some crimes like abuse, blackmails. There is an lack of support to women from their family even there is no wrong with their side, the family members even started to show hatred against the women who are protesting for their rights and act against violence and harassment. Lack of awareness is also the main reason for the cyber-crimes due to lack of knowledge about strong passwords and avoiding privacy settings in social media. This lack of awareness makes them vulnerable to cyber-attacks, 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. It is important to provide legal assistance, guidance and counseling to victims of cybercrimes.
TYPES OF CYBER CRIMES:
- CYBER STALKING: It refers to the monitoring, tracking someone’s activity through online, threatening and abusing someone by putting threatening message on the chats without any legitimate purpose. Stalkers use various platforms like social media, messaging apps, emails to stalk and harass. Section – 78 of BNS says about the punishment for Cyber Stalking. According to a report by the Cyber Crime Cell of the Mumbai Police, there has been a 91% increase in cyber stalking cases in India in the past years.
- CYBER DEFAMATION: It is defaming the victim by blackmailing and extorts, prone to publish the details and morphed photos and videos to make them obey to the desires of the offenders mainly for the purposes of seeking sexual favors.
- CYBER BULLYING: It is one of the common cybercrimes faced by women especially young girls. It refers to the act of regular harassment and bullying of victim through the digital communication device by spreading rumors, misleading content, publish of embarrassing pictures, or videos and sending rape, offensive messages and death threats.
- PORNOGRAPHY: Pornography is said to heinous crime said to be publish of sexually explicit videos and photos without the knowledge of the victim as revenge for anything maybe for non-acceptance of sexual favors with the offender. According to a report by the Cyber Peace Foundation, there has been a 148% increase in revenge porn cases in India in the past year. Child sexually abusive material (CSAM) refers to material containing sexual image in any form, of a child who is abused or sexually exploited. Section 67 (B) of IT Act states that Publishing or transfer of material depicting children in sexually explicit act in electronic form is a punishable offense. Revenge porn may lead to mental health problems of women.
- CYBER GROOMING: Cyber grooming refers to when a person builds an online relationship with young ones through online platform and inducing or pressurizing her to indulge in doing sexual acts or sexual favors.
- CYBER HACKING: Online Hackers by creating unauthorized URL and promoting to download app steal the personal information from her device without permission, thus without her knowledge she becomes the victim of cyber hacking. Hackers uses this information for monetary exchanges when call for by any knowns, blackmailing and other unlawful activities.
- HARASSMENT THROUGH E–MAILS: Harassment through e-mail includes subsequent sending of love e-mails to anonymous users, blackmailing or sending of embarrassing mails, threatening.
- CYBER FINANCIAL FRAUDS: As there is an increase in use of online banking services, cyber-crimes related to finance keep on increasing, It includes the credit card frauds, online transaction issues, and QR code scams. Day by day technology develops hackers also keep on evolving and finds loop holes to deceive the victims. According to the Reserve Bank of India report there has been subsequent increase in the banking frauds in the past years.
- In 2020, a young woman in Delhi was cyber stalked and harassed for over a year by a man she met on a dating app. The man used multiple fake identities to harass her and threatened to post her private photos online.
- According to a report by the Cyber Peace Foundation, there were 227 reported cases of revenge porn in India in 2020, up from just 91 cases in 2019.
- A survey by the Cyber and Media Cell of the Delhi Police found that 56% of cyber stalking victims in India were women.
- According to a report by the Reserve Bank of India, there were 205,347 cases of online banking fraud in India in 2020, with a total loss of Rs 179 crores.
CONSEQUENCES OF DIGITAL HARASSMENT:
Physiological and emotional harm:
The victims are affected with mental stress, depression, post-traumatic stress disorder (PTSD) and some victims even attempted for suicide due to mental and family pressure. Women were not treated properly by their relatives which lead to fear of another thread or harassment . Women are always biased and considered as a reason for crime which make them more vulnerable.
Legal consequences:
The victims sometimes face long struggle to get a fair and proper justice due to failure of redressal mechanisms. Unlike other crime, cybercrime against women is not fully penalized under separate legislation. The women are still afraid to approach legal mechanism due to fear and unawareness.
Financial issue:
Women may lead to loss their work, reputation and career. It led a huge set in their financial status. The women face more struggle to gain economically independence and the cybercrime harassment make it more complex.
Social isolation:
The woman victims are socially isolated and sometimes faces physical harassment too. They were not properly accepted and respectfully treated by the society.
PROTECTION AND PUNISHMENT FOR CYBERCRIME AGAINST WOMEN:
Even though there is no separate code to deal with cyber-crimes. The other acts and provision in India covered as many as cybercrime offence and penalties them.
PROTECTION UNDER INFORMATION TECHNOLOGY (IT) ACT, 2000:
Section 67A of the Indian Information Technology Act, 2000 penalizes publication and transfer of sexually explicit content in electronic form and punishes fine and imprisonment based on the number of times the offence committed by an individual. The section 67B under IT act punishes the sexual offence against children in electronic form which include imprisonment and fine. It prohibits child pornography and sharing of such material. The section 66E of IT act deals with violation of privacy and capturing private photos without their consent. It punishes the offenders with imprisonment up to 3 years or fine or both.
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 these rules aim to make the social media liable for the privacy of its users. The Rules also require Significant Social media Intermediary (SSMI) to develop and deploy technology to identify the child sexual abuses.
PROVISIONS UNDER BNS:
According to a report by the National Crime Records Bureau, there were about 4,000 cases related to cyber-crimes against women in India in 2019. Out of which, over 1,000 cases were related to online harassment and stalking. The section 75 of BNS punishes the sexual harassment committed by showing pornography against their will in physical or electronic form. The section 77 of BNS punishes Voyeurism. It refers to cybercrime of unauthorized recording and dissemination of private images, which are done in name of “revenge porn” or “upskirting”. It punishes capturing of a woman without their consent. The section 78 punishes stalking which include cyberstalking. Cyberstalking refers to harassing or intimating women by persistent messaging, tracking her location, creating fake account or profiles. Section 79 punishes the harassment through deepfakes. In refers to the actions of the perpetrator by uttering words, making sounds or gestures, or exhibiting objects in electronic form, with the intent to insult the modesty of the woman.
GOVERNMENT INITIATIVES AND SCHEMES TO CREATE AWARENESS:
- EDUCATIONAL AWARENESS: Central Board of Secondary Education (CBSE) has issued guidelines on 18.08.2017 to schools to provide knowledge and awareness among children and girls about cyber-crimes and attacks in the school curriculum of children and advised state board to introduce awareness in their curriculum.
- NATIONAL COMMISSION ON WOMEN: According to the report published by NCW, India is the second largest user of online content and third largest country to face more online bullying cases. In which, the Statics states that most of the cyber-crime up to 98% are done against women. To protect women, it launched the digital shakti program in the year 2018. It provides to create awareness of cyber safety tips and tricks, reporting and redressal mechanisms, and data privacy to 3 lakh women and girls. Digital shakti 4.0 aim to make women digitally skilled and aware to stand against cyber exploitation, illegal online activities by collaborating with cyberspace foundation and meta.
- THE CYBER CRIME PREVENTION AGAINST WOMEN AND CHILDREN (CCPWC) SCHEME: The Government of India started the Cyber Crime Prevention against Women and Children (CCPWC) schemes under Nirbhaya fund. It aims to create awareness about cyber-crimes, issuance of advisories, law enforcement panel, judicial officers and cyber forensic policies.
- NATIONAL CYBER CRIME REPORTING PORTAL: The National Cyber Crime Reporting Portal (www.cybercrime.gov.in) was launched in 2018 by the Ministry of Home Affair to complaint against cyber-crimes. It mainly concentrates on key issues like cybercrime against women. It collects information from citizen and provide them with information of preventive methods. And help the government to resolve the reported cases more effectively. A toll-free number 1930 (earlier 155260) has been operationalized for providing assistance in lodging online cyber complaints.
- INDIAN CYBER CRIME CENTRE: The Government has established Indian Cyber Crime Coordination Centre (I4C) under Ministry of Home Affairs to enable public to report incidents pertaining to all types of cyber-crimes, with special focus on cyber-crimes against women and children. And to support law enforcement agencies to resolve the issues
CHALLENGES FACED BY GOVERNMENT AND INVIDUALS TO PREVENT CYBER CRIMES:
As of 2019, there has been an overall increase of 18.4% in cybercrime incidents. However, the specific cases of cybercrimes against women have witnessed a steeper rise, escalating by 28%, as reported by the National Crime Record Bureau. According to the data, out of the 52,974 incidents registered in 2021, 20.2% (10,730 incidents) were documented as crimes against women.
- Lack of awareness about cyberspace and prevention methods among the major section of women and girls.
- Lack of knowledge among people about Government schemes, policy initiatives for protection, prevention and redressal mechanisms.
- Lack of support and cooperation from internet service providers.
- Absence of infrastructure and required number of cyber crime police officers and experts for speedy and effective investigation.
- Failure of Government to develop its technical infra to compete with current cyber-crimes.
Until now there is no separate code that list all cybercrime and procedures for complaint and to solve it. The government does not recruit experts to deal with it. The cyber forensic laboratory is not updated with current technology. So, it takes more time to deal with and even fails.
REVIEW OF LITERATURE:
On researching the Topic of Cyber-crime against women, I had gain knowledge about the problems faced by women in this digital era. There are certain kinds of problems and challenges faced like cyber bullying, cyber stalking and internet financial fraud. Government implemented plans and policies are been there but certain provisions need to be amended and the penalties & punishment should be increased accordingly to reduce the crime rates in India. By this Research I understand the importance of many valuable Schemes and Policies which are still remain remote to general public. I am glad to convey it throughout this paper to all in very facile way.
SUGGESTION:
The government need to enhance awareness programmed to all women. It needs to be integrated with school curriculum as a preventive step because girl child is more often become the easy and vulnerable victims. Government has to take a robust mechanism with modern technology for speedy and fair investigation to punish the offenders. Government needs to create separate penal act and review and revise the law regarding cybercrime against and enforce strict regulations. The redressal mechanisms must be simplified and awareness must be created to women. Government needs to modernize its digital infrastructure and cyber forensic lab by collaborating with law agency, tech giants and companies to create more reliable e-content with more digital security.
CONCLUSION:
Cyber-crimes against women in India are increasing in recent years, with women being subjected to various forms of harassment and abuse online. Cyber-crimes lead to mental trauma to financial loss and reputational damage and physical health issues. While the legal framework to address cyber-crimes against women in India is relatively strong, there are several challenges faced by law enforcement agencies and the legal system in effectively addressing these crimes. To resolve this issue, the Indian government has taken several initiatives and implemented policies to prevent and report cyber-crimes against women. There are some causes for cybercrime such as gender-based inequality, patriarchal system and lack of awareness about cyber security. Moreover, the role of technology, such as artificial intelligence, machine learning, and block chain technology, can be instrumental in combating cyber-crimes against women. It can assist in identifying and tracking the perpetrators, preventing attacks, and enabling quick response to incidents. It is essential for women to take preventive measures, such as creating strong passwords, keep information personal and reporting incidents. Awareness and education programs can empower the women with the knowledge and skills to protect themselves from cyber-crimes. Cyber-crimes against women in India have been rapidly increasing that requires collective efforts from the government, law enforcement agencies, technology industry, and society at large to act effectively. With the right approach and collaboration, we can create a safe and secure cyber-security for women in India at large to address effectively.
VISHWADEEP R,
3rd YEAR B.A., LL.B.,
CHENNAI DR. AMBEDKAR GOVERNMENT LAW COLLEGE, PUDUPAKKAM.