Need for Investment in Cyber Legislation for Enhanced Protection of Women in India

                

      INDEX

Serial No.	CONTENT	PAGE No.
1.	List of Abbreviations and Cases	5
2.	Title	6
3.	Abstract	6
6.	Chapter 1- Introduction 1.1Research Methodology 1.2 Mode of Citation 1.3 Research Objective 1.4 Research Questions 1.5 Research Hypothesis 1.6 Literature Review 1.7 Chapterisation Scheme	7
7.	Chapter 2- Understanding Cyber Crime 2.1 What is Cyber Crime 2.2 Importance of cyber laws specifically aimed at the protection of women in today's world	11
8.	Chapter 3- Violence based on Gender 3.1 Gender Based Violence 3.2 The main features of Cyber Violence Against Women and Girls (CVAWG)	11
9.	Chapter 4 4.1 The connection between 'online' violence and 'offline' violence. 4.2 Forms of Cyber Violence Against Women 4.3 Reasons Behind Cyber Crimes Against Women in India 4.4 Proposed remedies to protect women against cyber crimes in India	13
10.	Chapter 5- Statutes in India to protect women from Cyber Violence 5.1 Indian Penal Code, 1860 5.2 Information Technology Act, 2000 5.3 The Indecent Representation of Women (Prohibition) Act, 2012 5.4 The Digital Personal Data Protection Act, 2023	17
11.	Chapter 6- Recommendations to Enhance Cyber Security	20
12.	Chapter 7 7.1 Conclusion 7.2 Bibliography	22

 

LIST OF ABBREVIATIONS:

ICTs: Information and Communication Technologies

VAWG: Violence Against Women And Girls

IT Act: Information Technology Act,2000

IPC: Indian Penal Code,1860

DPDP Act: Digital Personal Data Protection Act,2023

AI: Artificial Intelligence

CCTV: Closed Circuit Television

LIST OF CASE:

Aumkareshwar Thakur vs NCT of Delhi, W.P.(Crl.) No.-000027 / 2022 (SC).

Ritu Kohli Case

The State of Tamil Nadu Vs. Suhas Katti

                                                                                     

Abstract:

There exists a singular universal truth that holds true across all nations, cultures, and communities: the perpetration of violence against women is inherently unacceptable, inexcusable, and intolerable.

Countless women and girls globally endure targeted acts of violence solely based on their gender. The scourge of violence against women and girls (VAWG) transcends geographical borders, traverses racial and cultural divides, and disregards distinctions in income groups. This pervasive phenomenon inflicts profound harm upon its victims, reverberating through the individuals in their proximity and impacting society on a holistic scale.

The expanding influence of the Internet, the swift proliferation of information and communication technologies (ICTs), and the widespread use of electronic devices such as mobile phones, computers, tablets, Bluetooth, and data storage devices, coupled with the extensive reach of social media, have introduced novel challenges in addressing violence against women and girls. The rise of cybercrime is becoming a global issue with profound implications for societies and economies worldwide. This phenomenon poses threats to the peace and prosperity of individuals, particularly jeopardizing the goals of inclusive and sustainable development, underpinned by fundamental human rights that underscore gender equality and the empowerment of women as pivotal to their attainment. 

Responses, however, have yet to fully address the many degrees and impact of violence, trauma and loss that women, girls and children are routinely exposed to and that go unreported.  To address these issues Government of India has come up specifically with the I.T Act^[3]  and D.P.D.P Act ^[4] along with IPC^[5].

Among numerous cases triggering women's cybersecurity, a notable incident occurred on January 1, 2022. Incident surfaced regarding the initiation of a GitHub Pages site, hosted under the subdomain "bullibai.github.io." This site displayed purportedly manipulated and morphed images of diverse Indian women, encompassing journalists, social workers, students, and prominent personalities, accompanied by derogatory content. Allegedly sourced from their individual social media accounts, these images were altered and showcased on the website for auction without their consent. Significantly, all the targeted women belonged to the Muslim faith. Nevertheless, on March 29, the court granted bail to two men accused of creating the apps, citing humanitarian grounds and emphasizing that the accused were "first-time offenders."^[6]

Nevertheless, a new and complex situation has emerged, requiring updated provisions to address the implications of AI and deepfake technologies. While not widely recognized by the general public, the issue gained attention when it involved a deepfake video of a well-known

Bollywood celebrity, Rashmika Mandhana. The incident made headlines, prompting immediate reactions from several Union Cabinet Ministers, including the IT Minister. Unfortunately, numerous cases involving the manipulation of images and videos of women, with added derogatory comments, often go unreported or remain pending due to a lack of action^[7].

The paper meticulously explores the current state of Cyber Legislation aimed at safeguarding the interests and well-being of women in India. Additionally, it advocates for a heightened and refined Cyber Legislation framework, recognizing the imperative need to address multifaceted challenges and intricacies. The goal is to fortify and elevate the level of protection afforded to women within the nation.

     Keywords: Cyber Crime, IPC, IT Act, DPDPA, Indecent Representation of Women Act.

 

                                                 

   CHAPTER- I

                                                      

1. Introduction:

Government of India has invested in many schemes for women including but not limited to Sukanya Samriddhi Yojana, Mahila Coir Yojana, Balika Samridhi Yojana, Mahila Samman Savings Certificate, Stree Shakti, Women scientists Scheme, Mahila Shakti Kendra, New Savings Scheme F\for Women, Pradhan Mantri Rozgar Yojana, and these schemes can be applied through digital platforms. Digitalisation is a lamp used to illuminate the society but there is a dark beneath the lamp. To ensure comprehensive women's empowerment, it is crucial for the government to address and invest in overcoming this issue because without ensuring women safety we can’t ensure women empowerment.

A sobering reality emerges as countless women and girls worldwide endure targeted acts of violence solely based on their gender, transcending geographical, racial, and economic boundaries.

The pervasive phenomenon of violence against women and girls (VAWG) poses a formidable challenge that traverses racial and cultural divides, indifferent to distinctions in income groups. The expanding influence of the Internet, rapid proliferation of information and communication technologies (ICTs), and widespread use of electronic devices, coupled with the extensive reach of social media, introduce novel challenges in addressing this multifaceted issue. The alarming rise of cybercrime on a global scale presents profound implications for societies and economies, thereby jeopardizing the goals of inclusive and sustainable development underscored by fundamental human rights emphasizing gender equality and women's empowerment.

While governmental responses, notably through legislative measures such as the I.T Act, D.P.D.P Act, and IPC, aim to mitigate the prevalence of violence against women, there exists a critical gap. The degrees and impacts of violence, trauma, and loss routinely experienced by women, girls, and children often go unreported, prompting the need for a comprehensive analysis of existing frameworks.

A notable case in the realm of women's cybersecurity surfaces on January 1, 2022, with the initiation of a GitHub Pages site under the subdomain "bullibai.github.io." This incident displayed manipulated images of diverse Indian women, including journalists, social workers, students, and prominent personalities, accompanied by derogatory content. These images, allegedly sourced from individual social media accounts, were altered and showcased on the website for auction without their consent, exacerbating the severity of the situation. Strikingly, all targeted women belonged to the Muslim faith, adding a layer of complexity to the incident.

Despite the gravity of such cybercrimes, the legal response raises concerns. On March 29, the court granted bail to the accused, citing humanitarian grounds and emphasizing their status as "first-time offenders."

1.1 Research Methodology:

The data has been collected through secondary research method inter alia web sources, books, Acts, statutes, journals articles etc. It is doctrinal, comparative, critical and analytical in nature.

1.2 Mode of Citation:

Bluebook 20^th Edition has been followed throughout this project.

1.3 Research Objective:

(a) To find out issues occurring to women due to internet era i.e cyber crime.

(b) To find out existing legislative measures to protect women from cyber crime.

(c) To find out the need of taking new measure and amendment for existing legislative frame work to protect women from cyber crime.

1.4 Research Questions:

a) What are the prevalent forms of cyber crimes affecting women in the internet era and how do they impact their safety?

b) What legislative measures currently exist to safeguard women from cyber crimes and how effective have they been in addressing the challenges?

c) What are the gaps and shortcomings in the existing legislative framework aimed at protecting women from cyber crimes and what are the implications for their safety and empowerment?

d) What specific new measures and amendments are needed in the legislative framework to enhance the protection of women from cyber crimes and how can these measures address emerging threats and challenges in the digital age?

1.5 Research Hypothesis:

Despite having legislative measures, even in 20^th century women remain most vulnerable due to multifaceted socio-cultural factors and evolving nature of crime. Consequently, there is a compelling need for comprehensive reforms and new legislative interventions to tackle the challenges faced by women specifically in this digital era from cyber crime. This research may provide comprehensive re- evaluation of the measures required.

              1.6 Literature Review:

1.6.1 Ban Ki-moon (then U.N SECRETARY GENERAL) addresses the global issue of cyber violence against women and emphasizes the need for coordinated international efforts to address it.

1.6.2 European Institute for Gender Equality gives key terms and concepts related to cyber violence against women and offers recommendations for legislative measures to combat this phenomenon in Europe.

1.6.3 Sugiura, L. (2021) in The Incel Rebellion: The Rise Of The Manosphere And The Virtual War Against Women, explores the rise of online misogyny and examines virtual spaces where women are subjected to targeted harassment and abuse.

1.6.4 Short, E., Linford, S., Wheatcroft, J. M., and Maple, C. (2014), ‘The impact of cyberstalking: the lived experience – a thematic analysis’, Studies in Health Technology and Informatics, Vol. 199, pp. 133–137 , analyses cyber stalking in the United Kingdom through the ECHO pilot survey and gives insights into the prevalence and nature of online harassment.

1.6.5 Amnesty International in its series of articles and research journals reveals the alarming prevalence of online abuse against women and advocates for stronger legal protections and measures to combat cyber violence.

1.6.6 Hao, K. (2021) in ‘Deepfake porn is ruining women’s lives, Now the law may finally ban it’, ,Discusses the detrimental impact of deepfake technology on women's lives and highlights the need for legal measures to prohibit its use for creating non-consensual pornographic content.

1.7 Chapterisation Scheme:

Chapter 1- Introduction with Research issue, objective, hypothesis, literature review.

Chapter 2- Understanding Cyber Crime

Chapter 3- Violence based on Gender gives

Chapter 4- Connection between online and offline violence

Chapter 5- Statutes in India to protect women from Cyber Violence

Chapter 6- Recommendations to Enhance Cyber Security

Chapter 7- Conclusion and Bibliography

Top of Form

Bottom of Form

                                            

CHAPTER-2

UNDERSTANDING CYBER CRIME

2.1 What is Cyber Crime?

Cybercrime refers to criminal activities that are carried out using computers, networks, and the internet. It encompasses a broad range of illicit activities that exploit technology for malicious purposes. Cybercrimes can be committed against individuals, organizations, or governments, and they may involve various forms of unauthorized access, data theft, financial fraud, identity theft, hacking, spreading malware, and other malicious activities conducted in the digital realm.

2.2 Importance of cyber laws specifically aimed at the protection of women in today's world:

1. Rising Cyber Crimes: 

The increasing prevalence of cybercrimes, including online harassment, stalking, and non-consensual sharing of intimate content, necessitates legal frameworks that address these evolving challenges.

2. Online Gender-based Violence: 

Women are disproportionately targeted by cyber violence, and the digital realm has become a space where gender-based violence is perpetuated. Specific laws are needed to combat these offenses and ensure the safety of women online.

3. Global Connectivity: 

The interconnected nature of the internet means that cyber threats can transcend geographical boundaries. 

4. Technological Advancements:

Rapid advancements in technology, such as deepfake technology and AI-driven threats, require laws that keep pace with these developments. 

5. Preservation of Privacy: 

Cyber law play a crucial role in safeguarding the privacy of women online. This includes protection against unauthorized access, online surveillance, and the misuse of personal information.

6. Promotion of Gender Equality: 

To propagate the principles of equal rights and protection for women in both physical and digital spaces.

7. Accountability and Deterrence: 

Having specific laws creates accountability for perpetrators of violence against women. Legal consequences serve as a deterrent, discouraging individuals from engaging in such activities.

CHAPTER-3
VIOLENCE BASED ON GENDER

3.1 Gender Based Violence:

Gender-based violence is a phenomenon firmly entrenched in gender disparities and remains a conspicuous infringement on human rights across societies. It constitutes acts of violence specifically targeted at individuals based on their gender, affecting both men and women, though women and girls represent the predominant victims. They not only face a higher likelihood of being targeted by cyber violence but also endure severe consequences, encompassing physical, sexual, psychological, or economic harm and suffering.

Despite being sometimes perceived as an insignificant and virtual phenomenon, cyber violence against women and girls (CVAWG) is far from inconsequential. It is a manifestation of genderbased violence executed through modern technologies, firmly rooted in the persistent inequality between women and men in our societies^[8].  

This encompasses instances of non-consensual intimate image abuse, such as cyber flashing, sextortion, and virtual rape resulting in defamation^[9].In my perspective, defamation (or character assassination) is more grave offence than the Homicide because Homicide is assassination of life while defamation is assassination for life.

Research conducted by the World Health Organization reveals that one out of every three women will have encountered some form of violence in her lifetime. Approximately one in ten women are estimated to have already experienced a type of cyber violence from the age of 15 onwards. As internet access becomes essential for economic well-being and is progressively regarded as a fundamental human right, it becomes imperative to guarantee that this digital public space is secure and empowering for everyone, encompassing women and girls^[10].

3.2 The main features of Cyber Violence Against Women and Girls (CVAWG):

1. Diverse Forms: 

CVAWG takes on various forms, with some resembling online extensions of physical world violence, such as cyber harassment or stalking. Additionally, the cybersphere introduces unique forms like non-consensual intimate image abuse or doxing, amplifying the scale of harm compared to physical world violence.

2. Multiple Cyberspaces: 

Perpetrated across various online spaces, CVAWG occurs on social media platforms, messaging apps, and discussion sites. The constantly evolving digital environment introduces new technologies, with emerging spaces like the Metaverse becoming platforms for virtual rape and other forms of CVAWG.

3. Misuse of Information and Communication Technology (ICT) Tools: 

A wide array of ICT tools, including smartphones, computers, cameras, and other recording equipment, may be misused for stalking, harassment, surveillance, and control. The broader understanding of technology-facilitated violence includes the entire Internet of Things (IoT), encompassing GPS, smart watches, fitness trackers, smart home devices, spyware, and stalkerware.

4. Varied Perpetrators: 

Perpetrators of CVAWG include individuals commonly associated with gender-based violence, such as relatives, acquaintances, intimate partners, and ex-partners. However, perpetrators can also be anonymous or unacquainted in the online realm for sadism or monetary purposes.

5. Cross-Cultural and Global Nature: 

CVAWG is a global phenomenon with cross-cultural implications. Social media platforms facilitate global networking, leading to spillover phenomena where new online communities, like 'Incel' community, with shared objectives of hatred towards women and girls. 

6. Other: 

Race, age, disability, profession, personal beliefs, and sexual orientation are additional factors that can contribute to the experiences of victims of cyber stalking^[11].

 

CHAPTER-4

4.1 The connection between 'online' violence and 'offline' violence:

1. Impact on Victims

(a) Direct Physical Harm: 

While digital acts may not always lead directly to physical harm, the emotional and psychological impact on victims can be profound. Online violence can contribute to anxiety, depression, and other mental health issues, which may manifest in offline consequences.

(b) Cyber to Physical Transition: 

In some cases, online violence can escalate to physical harm. Cyber threats or stalking, if left unaddressed, might transition to real-world incidents, posing a tangible risk to the safety of victims. Victims of cyber stalking frequently report heightened experiences of suicidal thoughts, fear, anger, depression, and symptoms consistent with post-traumatic stress disorder (PTSD)^[12].

2. Normalization of Violence:

Desensitization: 

Exposure to online violence can contribute to the normalization of aggressive behaviour, desensitizing individuals to harmful actions. This desensitization may extend to offline interactions, potentially increasing the likelihood of physical violence.

3. Perpetrator Behaviour:

 (a) Online to Offline Transference: 

Perpetrators of online violence may transition to offline actions, translating their harmful behaviour into real-world violence. This can result in tangible threats and harm to the well-being of victims. For instance, Rape and Acid Attack.

4.2 Forms of Cyber Violence Against Women:

1. Cyber Stalking: 

This form of stalking utilizes information and communication technology (ICT) means to harass, intimidate, persecute, spy, establish unwanted communication or contact, and engage in harmful behaviours that induce feelings of threat, distress, or overall insecurity in the victim. A study conducted in the UK revealed that more than half (54%) of cyber stalking cases originated from a first encounter in the physical world^[13].

2. Cyber Harassment: 

This form of harassment is carried out using information and communication technology (ICT) means to harass, impose, or intercept communication, with the intent or impact of creating an environment that is intimidating, hostile, degrading, humiliating, sexually explicit or offensive for the victim due to their gender or a combination of gender and other factors, including race, age, disability, profession, personal beliefs, or sexual orientation etc. 41 % of responding women who experienced cyber harassment felt that their physical safety was threatened. One in two women have experienced reduced self-esteem or loss of self-confidence, stress, anxiety, or panic attacks because of cyber harassment^[14].

3. Online gender-based hate speech: 

It refers to content disseminated and shared through information and communication technology (ICT) means that:

a)           expresses hatred towards women and/or girls due to their gender or a combination of gender and other factors (such as race, age, disability, sexuality, ethnicity, nationality, religion, or profession); and/or

b)           propagates, incites, endorses, or justifies hatred based on gender or a combination of gender and other factors (such as race, age, disability, sexuality, ethnicity, nationality, religion, or profession).

This form of hate speech may also involve the distribution and sharing, through ICT means, of violent content portraying women and girls as sexual objects or targets of violence.

Victims may opt to reduce their frequency of posting, moderate their language to minimize provocation, or even deactivate their accounts. Amnesty International notes that this form of self-censorship has a 'silencing effect’, leading to females refraining from actively participating in online debates and meaningful exchanges. Furthermore, since victims often include prominent female figures like politicians, journalists, or sportswomen, online gender-based hate speech directly influences the presence and activities of potential role models for girls aspiring to pursue careers in traditionally male-dominated industries^[15].

4. Non-consensual intimate image (NCII) or Digital Voyeurism : 

This type of abuse against women and girls pertains to the dissemination or the threat of dissemination through information and communication technology (ICT) means of intimate, private, and/or manipulated images/videos of a woman or girl without the subject's consent. These images/videos may be acquired without consent, manipulated without consent, or obtained with consent but distributed without consent. Motivations for such actions commonly include sexualizing the victim, causing harm, or negatively impacting the victim's life.

The circulation of such images has the potential to devastate victims' educational and professional opportunities, as well as disrupt their intimate relationships. Victims often experience threats of sexual assault, persistent stalking, harassment, termination from employment, and may be compelled to change schools. Regrettably, some individuals, overwhelmed by the distress caused by these situations, have tragically chosen to commit suicide.¹⁶

Technological advancements are increasingly facilitating the creation of highly realistic image manipulations. Software such as Photoshop and artificial intelligence (AI) tools can be utilized to generate synthetic media, including deepfakes, which convincingly alter or fabricate visual content^[16].  

The DPS MMS scandal is a very infamous case of where an MMS clip of a school girl in compromising situation was distributed by Alice Electronics of Kharagpur, West Bengal at Bazee.com^[17].

Another example is the Delhi Metro CCTV footage leaks case, involving the unauthorized release of CCTV recordings capturing couples engaging intimately in metro stations. The footage, originally recorded by police security cameras, has been leaked on the internet^[18]. 

 

      5. Identity Theft: 

      Unauthorized use of personal information online to impersonate or harm a woman.

The Ritu Kohli Case marked a historic moment in India as the first reported incident of cyberstalking and identity theft. Mrs. Ritu Kohli filed a complaint with the police against an individual who had been using her identity to engage in online chat on the website http://www.micro.com/, primarily in the Delhi channel, for four consecutive days. Mrs. Kohli's complaint detailed that the imposter not only used her name but also shared her address and engaged in obscene act during the online interactions. Furthermore, the accused intentionally provided Mrs. Kohli's phone number to other users, encouraging them to call her during unconventional hours. As a result, Mrs. Kohli received nearly 40 calls in three days, causing significant disruption in her personal life. In response to the complaint, the police traced the IP addresses involved, conducted a comprehensive investigation, and subsequently apprehended the offender. A case was registered under Section 509 of the Indian Penal Code (IPC). The accused was later released on bail^[19].

In the case of The State of Tamil Nadu Vs. Suhas Katti²⁰, the accused was charged with posting obscene, defamatory, and annoying messages about a divorcee woman in a Yahoo message group. The accused further forwarded emails to the victim, using a false email account opened in her name. As a consequence of the posted message, the victim received annoying phone calls under the false belief that she was soliciting. The accused was found guilty of offenses under Section 469, 509 IPC, and 67 of the IT Act 2000. The accused was sentenced to undergo rigorous imprisonment for 2 years under Section 469 IPC, along with a fine of Rs. 500/-. For the offense under Section 509 IPC, the accused was sentenced to undergo 1 year of simple imprisonment and to pay a fine of Rs. 500. Additionally, for the offense under Section 67 of the IT Act 2000, the accused was sentenced to undergo rigorous imprisonment for 2 years and to pay a fine of Rs. 4000, concurrently.

6. Doxing: Publishing private or identifying information about a woman online without her consent, leading to potential harm.

7. Online Exploitation: Exploitative practices online, including trafficking, pornography, or other forms of abuse targeting women.

4.3 Reasons Behind Cyber Crimes Against Women in India:

 1. Era of digitalisation

 2. Lack of knowledge to join cyber community

 3. The transcendental jurisdiction of Internet  

               4. Allow other to use own account

 5. Lack of privacy

 6. Not using safety tips

 7. Connect with strangers

 8. Share personal information and emotion

 9. Compare Digital world with Real World

 10. Non-reporting due to sociological reasons

 11. Unreported cases and underreported degrees of violence

 12. Lack of comprehensive legal responses to emerging technologies (AI and  

       deepfakes)

 

 4.4 Proposed remedies to protect women against cyber crimes in India: 

 (i) Awareness and reporting about cyber crimes

 (ii) Grievance Redressal Mechanism and Speedy Investigation

 (iii) Strict Statutes

 (iv) Hard Punishments

 (v) NGOs for therapy and rehabilitation

              

CHAPTER-5
Statutes in India to protect women from Cyber Violence:

5.1 Indian Penal Code, 1860

(i)   Section 354A: 

If a man engages in any of the actions of soliciting or asking for sexual favours; displaying pornography without the woman's consent; or making sexually coloured remarks, he shall be held accountable for the offense of sexual harassment. The potential penalties may include rigorous imprisonment for a duration extending up to three years, a fine, or both. For the initial two infractions, the imprisonment or fine may stretch to one year, or both, at the court's discretion.

(ii) Section 354C: 

'Voyeurism' is the act of capturing the image of a woman involved in a private act and/or disseminating said image without her consent. To qualify as 'Voyeurism,' the circumstances must be such that the woman would typically expect not to be observed, either by the perpetrator or any other person acting on behalf of the perpetrator. A person convicted under this section is subject to punishment, including fines and imprisonment up to three years for the first conviction and seven years for subsequent convictions.

(iii) Section 354D: 

It introduced a provision addressing stalking, which also encompasses cyber stalking. Stalking is defined as an act where a man follows or contacts a woman, despite clear indications of her disinterest in such contact, or monitors the cyber activity or use of the Internet or electronic communication of a woman. A man committing the offence of stalking could face imprisonment for up to three years for the first offence, and shall also be subject to fines. For any subsequent conviction, the individual would be liable for imprisonment up to five years and fines.

(iv)  Section 499: 

Defaming a person involves doing an act with the intention of harming the reputation of that individual. Defamation by publishing visible representations of an imputation concerning a woman, when done with the intention to harm her reputation, is punishable with imprisonment for a term that may extend to two years, or with a fine, or both.

(v) Section 503: 

Criminal Intimidation occurs when someone threatens another person with harm to their person, reputation, or property, or to the person or reputation of someone in whom that person is interested. The intent behind the threat is to cause alarm to the individual, compel them to perform an act they are not legally obligated to do, or refrain from doing an act they are legally entitled to do.

(vi) Section 507: 

If an individual commits the offense of criminal intimidation through an anonymous communication, or by taking precautions to conceal their name or residence from which the threat originates, they shall be subjected to imprisonment, extending to a term that may reach two years. This penalty is in addition to the punishment prescribed for the offense in the preceding section.

(vii)  Section 509:

Any person who utters any word, makes any sound or gesture, or exhibits any object with the intention that such word, sound, gesture, or object be heard or seen by a woman to insult her modesty or intrude upon her privacy may be charged under this section. Instances of lewd comments or remarks made over the Internet or other explicit images and content forcibly shared over the web may be penalized under this section.

5.2 Information Technology Act, 2000

(i) Section 66C:

The IT Act establishes identity theft as a punishable offense, encompassing instances of cyber hacking. This provision dictates that individuals who fraudulently or dishonestly use the electronic signature, password, or any other unique identification feature of another person may face imprisonment for a term extending up to three years and may be liable to a fine of up to one lakh rupees.

(ii) Section 66E:

The IT Act addresses the violation of a person's privacy. Offenses such as capturing, publishing, or transmitting images of a private area of any person without consent, under circumstances violating their privacy, can result in imprisonment for up to three years and/or a fine.

(iii)  Section 67:

The IT Act prohibits and penalizes the publication, transmission, and causing of transmission of obscene content. For a first conviction, the punishment includes imprisonment for up to three years and a fine, while for a second conviction, it extends to imprisonment for up to five years and a fine.

(iv) Section 67A: 

It makes the publication, transmission, or causing of transmission of sexually explicit material punishable. For a first conviction, the punishment involves imprisonment for up to five years and a fine, and for a second conviction, it extends to imprisonment for up to seven years and a fine.

(v) Section 67B:

It deals with the publication or transmission of sexually explicit content depicting children. On the first conviction, the offender may face imprisonment for a term up to five years and a fine of up to ten lakh rupees. In the event of a second or subsequent conviction, the penalty may include imprisonment for a term up to seven years and a fine of up to ten lakh rupees.

(vi) Section 72: 

Penalty for Breach of confidentiality and privacy.

5.3 The Indecent Representation of Women (Prohibition) Act, 2012, 

Is designed to regulate and prohibit the indecent portrayal of women in various media forms such as advertisements and publications. Additionally, the distribution of material under this Act extends to online platforms, encompassing the portrayal of women over the internet.

5.4 The Digital Personal Data Protection Act, 2023:

This Act is designed to facilitate the processing of digital personal data in a manner that upholds the right of individuals to safeguard their personal information. Simultaneously, it acknowledges the imperative to process such data for lawful purposes. The act also addresses matters connected to or incidental to these primary objectives.

 CHAPTER-6

6. Recommendations to Enhance Cyber Security

1. Strengthening Laws Against Cyber Stalking and Harassment: 

Introduce more stringent penalties for cyber stalking and harassment, considering the psychological and emotional impact on victims. Clearly define and include specific provisions addressing cyber stalking, making the legal framework more comprehensive.

2. Stricter Measures for Non-consensual Image Sharing: 

Enhance penalties for the unauthorized sharing of intimate images without consent, commonly known as revenge porn or non-consensual intimate image abuse Broaden the definition of such offenses to encompass various forms of digital media and technological advancements.

3. Heightened Punishments for Online Gender-based Hate Speech:

Introduce specific provisions to tackle online gender-based hate speech, recognizing the harmful impact it has on the targeted individuals. Collaborate with online platforms to monitor and remove content that incites hatred based on gender, race, or other factors.

4. Inclusion of Cyber Education in School Curriculum:

Integrate cyber education into the school curriculum to empower young individuals with the knowledge and skills needed for responsible and safe online behaviour. Foster awareness about the consequences of cybercrimes and the importance of respecting others' digital rights.

5. Establishment of Cyber Cells Dedicated to Women's Safety: 

Create specialized cyber cells within law enforcement agencies focused on addressing cybercrimes against women. Provide training to law enforcement personnel on handling cybercrime cases with sensitivity and understanding of gender-related issues.

6. Streamlining Reporting Mechanisms: 

Develop user-friendly and accessible online portals for reporting cybercrimes against women, ensuring swift and efficient action. Facilitate a victim-friendly environment during investigations, minimizing re-traumatization.

7. International Collaboration for Cybercrime Prevention: 

Strengthen collaborations with international agencies to address cross-border cybercrimes, especially those targeting women. Participate in information sharing and joint efforts to apprehend and prosecute offenders operating beyond national boundaries.

8. Regular Updates and Amendments: 

Establish a mechanism for regular review and updates to cyber legislation, ensuring it remains adaptive to evolving cyber threats and technologies. Consider input from experts, advocacy groups, and affected individuals during the amendment process.

(a) Integration of Innovative Cyber Crimes:

The landscape of cybercrime has undergone a significant transformation, rendering the prevailing modus operandi from 2008 obsolete. Section 43 of the IT Act addresses certain cybercrimes, such as hacking, introduction of malicious programs, malware attacks, and source code breaches. However, Section 43 imposes civil penalties, lacking effective criminal deterrence. Although Section 66 penalizes specific cybercrimes mentioned in Section 43, the prescribed punishment is only three years of imprisonment, rendering the offense bailable. Bailable offenses, requiring a notice under Section 41 CRPC prior to arrest, significantly weaken deterrence. Contemporary cybercrime includes ransomware attacks, sextortion, privacy infringements by malicious programs, cyber warfare on critical infrastructure, malicious campaigns on social media, online financial scams (like Jamtara style), grooming children online, Darknet crimes, online cryptocurrency-related offenses, online gambling syndicates, spoofing, scamming, skimming attacks, etc.

These emerging cybercrimes are not explicitly addressed in the Information Technology Act. It is crucial to introduce separate sections for each category of cybercrime in the amended Act, making them cognizable and non-bailable, with a minimum punishment exceeding seven years. This step aims to prevent the application of pre-arrest notices under Section 41 CRPC to aid cybercriminals, fostering a forward-looking and visionary ITA that aligns with contemporary challenges and serves as a deterrent to modern cybercrime syndicates.

9. The Information Technology Act:

In its current form, exhibits a centralized structure with limited devolution of authority to State Governments. Sections 67-C, 69A, and 69B of the ITA grant exclusive authority to the Central Government in matters of preservation, retention of information, blocking offensive content, and monitoring internet data for cybersecurity. To address contemporary needs, powers for blocking offensive content, monitoring internet data, and accessing information necessary for investigating cognizable offenses should be devolved to authorized State Government agencies. This decentralization will enhance intelligence collection, improve cybercrime investigation, and align authority with the responsibilities entrusted to state governments.

10.  The IT Act:

It's current structure places excessive emphasis on higher-ranked officers for investigating offenses. Sections 78 and 80 stipulate that only officers of the rank of inspector and above can investigate cyber offenses and exercise powers of search and seizure. This provision poses challenges due to the shortage of higher-ranked officers, while younger sub inspectors are often better trained in investigating cybercrimes. Therefore, authorizing police officers of the rank of sub-inspectors and above to investigate cyber offenses is strongly recommended.

11. Law enforcement agencies dealing with cybercrime face a significant challenge – non co-operation from various intermediaries such as social media platforms, banks, crypto exchanges, server owners, etc. The reluctance of intermediaries to provide relevant information hampers investigations. It is essential to establish lawful standard operating principles (SOPs) and incorporate legal provisions in the ITA, making it mandatory for intermediaries to cooperate with law enforcement agencies. Although Section 69 of the ITA mandates intermediaries to assist the government in interception, monitoring, or decryption, it is often flouted. Clarifying that providing relevant information to law enforcement agencies in a prescribed format is a lawful duty of the intermediary, free from personalized yardsticks, will expedite the acquisition of information for cybercrime investigations.

12.        Cybercrime has become the primary organized crime syndicate globally. For a stronger deterrence, more stringent provisions should be introduced in the Information Technology Act. Currently, many cybercrimes specified in the ITA are bailable, with a maximum imprisonment not exceeding three years. Offenses like hacking, pornography, malware attacks, identity theft, online cheating, impersonation, and privacy breaches lack sufficient deterrence. Therefore, all cybercrimes should be made cognizable and non-bailable to proactively prevent their commission.^[20]

CHAPTER-7

7.1 Conclusion: 

Countless women and girls globally face targeted gender-based violence, transcending geographical, racial, and cultural divides. The Internet's pervasive influence, coupled with the rise of technology, has introduced challenges addressed by India through legislative acts like the I.T Act and D.P.D.P Act. An incident on "bullibai.github.io" displayed manipulated images of Indian women, highlighting the need for updated provisions amidst AI and deepfake threats. The paper explores the current state of Cyber Legislation in India, aiming to enhance women's protection. Government schemes and initiatives, like Sukanya Samriddhi Yojana, reflect efforts to empower women digitally. Despite legislative measures, the prevalence of violence against women persists, prompting a comprehensive analysis of existing frameworks. The intersection of technology and violence is exemplified by the "bullibai" incident, where legal responses have raised concerns, with the accused granted bail on humanitarian grounds. Cybercrime encompasses activities on computers, networks, and the internet, necessitating specific laws to ensure women's online safety. Global connectivity, privacy preservation, gender equality promotion, and accountability are reasons supporting the importance of cyber laws for women. Cyber violence against women and girls (CVAWG) is a significant issue rooted in gender disparities, with the internet introducing unique forms like non-consensual intimate image abuse. The connection between online and offline violence underscores the profound impact of digital acts on victims. Forms of cyber violence include stalking, harassment, and non-consensual intimate image dissemination, each carrying psychological and emotional consequences. Legal remedies, such as Sections 354A, 354C, 499, 503, 507, and 509 of the IPC, and Sections 66C, 66E, 67, and 67A of the IT Act, address offenses against women. Recommendations for enhancing cybersecurity include stringent penalties for cyber stalking, addressing online gender-based hate speech, integrating cyber education into school curricula, establishing dedicated cyber cells for women's safety, and collaborating internationally to combat cross-border cybercrimes. Regular updates and amendments to cyber legislation are crucial to adapt to evolving cyber threats. The landscape of cybercrime has evolved, necessitating reforms in the Information Technology Act to address emerging crimes and empower law enforcement at state levels.

7.2 Bibliography:

A. Books, Articles, Journals, Research Papers, Speech, Interview

1. Ban Ki-moon, U.N SECRETARY GENERAL, 2008, available at https://en.unesco.org/sites/default/files/genderreport2015final.pdf

2. European Institute for Gender Equality,

https://eige.europa.eu/sites/default/files/cyber_violence_against_women_and_girls_key_terms_and_concepts.pd f

3. Council for Europe, https://rm.coe.int/grevio-rec-no-on-digital-violence-against-women/1680a49147

4. European Institute for Gender Equality,https://eige.europa.eu/gender-based-violence/cyber-violence-againstwomen

5. Sugiura, L. (2021). The Incel Rebellion: The Rise Of The Manosphere And The Virtual War Against Women, Emerald Group Publishing Bingley, https://www.emerald.com/insight/publication/doi/10.1108/9781839822544

6. Short, E., Linford, S., Wheatcroft, J. M., and Maple, C. (2014), ‘The impact of cyberstalking: the lived experience – a thematic analysis’, Studies in Health Technology and Informatics, Vol. 199, pp. 133–137 available at http://dx.doi.org/10.3233/978-1-61499-401-5-133

7. Maple, C., Short, E., and Brown, A. (2011), Cyber Stalking in the United Kingdom: An analysis of the ECHO pilot survey, University of Bedfordshire, U.K., https://uobrep.openrepository.com/handle/10547/270578

8. Amnesty International (2017), Amnesty reveals alarming impact of online abuse against women, https://www.amnesty.org/en/latest/press-release/2017/11/amnestyreveals-alarming-impact-of-online-abuseagainst-women/

9. Amnesty International (2018), Amnesty International, London,

https://www.amnesty.org/en/latest/news/2018/03/online-violence-against-women-chapter-2

10. Hao, K. (2021), ‘Deepfake porn is ruining women’s lives. Now the law may finally ban it’, MIT Technology Review, https://www.technologyreview.com/2021/02/12/1018222/deepfake-revenge-porn-coming-ban/

B. News and links

1. THE STATESMAN, https://www.thestatesman.com/india/can-be-taken-to-court-on-rashmika-mandhanasdeep-fake-video-it-minister-warns-online-platforms-1503238316.html

2. https://en.wikipedia.org/wiki/DPS_MMS_scandal

3. Yashashvi Yadav, https://timesofindia.indiatimes.com/blogs/voices/anachronistic-cyberlegislation-related-to-cyber-crimes-needs-upgradation/

C. Acts of India:

1. Indian Penal Code, Act No. 45 of 1860 (India)

2. Information and Technology Act,2000.

3. The Digital Personal Data Protection Act, 2023

D. Case:

1. Aumkareshwar Thakur vs NCT of Delhi, W.P.(Crl.) No.-000027 / 2022 (SC)

2. Ritu Kohli Case

3. The State of Tamil Nadu Vs. Suhas Katti

    AUTHOR:

  Ishan Anand

B.A.LL.B , Semester: VIII , 

Galgotias University