Dark Realities of the Virtual World: Cyber Crime against Women

 

Mr. Shankar Banerjee

 

ABSTRACT:

In today first moving world, women are not lacking behind in contributing and adopting themselves to new technologies and discoveries. Today, they have leant to utilize technical advancement for their self expression; networking and professional activities, even then crimes against them destroying their self- sanctity and respect remain constant. In this era of technology harassing the women comes under the preview of cyber crime in the form of adult-bullying, cyber-stalking, hacking, morphed-pornographic images and electronic blackmailing. With the development of  technology and event of new crimes, Indian Parliament and the law making bodies are in constant process to cope - up with such crimes. But these laws are not adequate to control and restitute the status of women in recent times. It has been felt by the law making bodies of India as well aboard, those types of crimes which destroy the status of women in society, should be controlled and there should be strict laws enacted to eradicate such crime.

 

 

1    INTRODUCTION:

“Dark realities of the virtual world – Cyber crime against women”

‘Everybody should want to make sure that we have the cyber tools necessary to investigate cyber crimes and to be prepared to defend against them and to bring people to justice who commit it.’

                                                                                       - Janet Reno[1]

 

The booming technology sector plays a major role in the development of a state and its society. Its wide use has proved its strength and has built a virtual world of its own. With the advent of computers as a basic tool of communication and information processing, storage facilities, a whole new cyber-world has come into existence. Though it has got many advantages which has made the human life more smooth and easy going, the dark side of it cannot be avoided, which may causes to cyber crime and victimization of women. Even India enact IT Act 2000 and different others laws to combat cyber crimes, but issues regarding women still remain untouched in almost each and every area. The misuse of this cyber-world is at large in many forms such as Hackings, Identity Theft, Pornography, etc., has been the recent trend of cyber offences.  To define the cyber offences, it can be stated that the offences committed against individuals or a group of individuals with a criminal motivation of harming the reputation of the victim or cause physical or mental harm, directly or indirectly, using the means of modern telecommunication network such as internet (chat room, notice boards, etc.) and mobile phones (SMS/MMS).

 

 

 

 

Crime against Women:

“A woman is magnificent creation of God”. When we looking for the actual status or position of a women in modern era; Late. Pt. Jawaharlal Nehru stated that; “You can tell the condition of a nation by looking at the status of its women. The progress of a country can be judge by seeing the status of its women.”[2] Today women reach their own amplitudes of independency and contributory themselves in each field of their carrier.  Their existence is felt in every field of works, like science, arts, commerce, defense and politics. However, still their problems are not solved properly. This cruelty against women has done by male as well as by the women society itself. The world ‘crime’ carries its general meaning as ‘a legal wrong that can be followed by the criminal proceedings which may result into punishment” where as ‘cyber crime’ may be “unlawful acts wherein the computer is either a tool or target both. There are various crimes which are committed only against women, there are numerous numbers of crimes, but they are numerous numbers of crimes, but they are classified into some of categories, like sexual offence, matrimonial offence, other cruelties and cyber crime.

 

Cyber crime:

This age is termed as technological age because common man is totally dependent on many of the electronic or scientific equipments to make their life much easier. Cyber crime is a new genre of criminal activity, an evil having its origin in the growing dependence of modern life on computer systems. It is a generic term that refers to all criminal activities performed using the medium of computers the Internet, cyberspace and the World Wide Web. It operates on the premise that the criminal conduct that exploits cyberspace represents an entirely new phenomenon. i.e. “cyber crime”.

 

Cyber crime against women:

From the time immemorial, women in India as well as other countries have seen adverse conditions where their economic, social, financial along with their basic rights have been swept away drastically by various factors of the society. History of India being the evidence, has thrown some lime-light regarding the status of women in our country. In various stages of time, the position of women have sometimes uplifted to certain phase of matriarchal society and then again thrown down to this drastic world. Still today where the world has come up with various discoveries and developments, still today women have remained an instrument for entertainment and child- birth giving machines. For a women this type of crime, has sensitive as comparison of a man, because these types of crimes are not only affecting her day – today life but she is also getting physically as well as mentally disturb from these new form of criminal activities in the society. There are some of cyber crimes which are mainly committed against women, like harassment via e-mails, cyber– stalking, cyber pornography, Defamation, morphing and email spoofing. Some of the basic offences in the cyber world which hampers the identity of the women as discussed below:

 

(a) Harassment through e-mails[3]:

This form of cyber offence is not new. When there was no such electronic media, harassment was there in the form of letters. It consists of blackmailing, threatening, bullying and even chatting through e-mails. This type of harassment is quite similar in nature to that of letter harassment in olden days but it becomes problematic when it is done through fake identities (fake ids).

 

(b) Cyber stalking[4]:

In the modern world cyber stalking has emerged as one of the most talked-about cyber crime. According to the Oxford’s dictionary ‘stalking’ means “pursuing stealthily".  It involves following the movement of an individual, like following in the chat rooms, bulletins, and sending messages and e-mails and such other places where the individual id the regular visitor in the internet world. Cyber stalking usually happens with the women who are stalked by men, or children who are stalked by adult predators. It has been found that more than 75% of the cyber stalking victims are female. Basically, four factors work behind this cyber crime, namely, for love, for taking revenge and hate, for ego and power trips.

 

(c) Cyber pornography[5]:

This crime is another form of threat to the female citizens in India. This includes pornographic websites, pornographic magazines produced using computers, and the internet to download transmits pornographic photos, pictures, movies etc. The new world of internet has opened a wide door to this crime which not only hampers the identity and dignity of women but also has become a curse to the society. The main victims of this crime are women and children. Now a day’s children can surf these prone sites which shows nudity at extreme, thus, killing their innocence and making them a social evil.

 

(d) Cyber defamation[6]:

It includes libel and defamation, thus, creates a cyber tort. This takes place when there is any defamatory statement is made through computer or internet. For example someone publishes some defamatory statement and circulate it to the friends and close ones of the victims.

 

(e) Morphing[7]:

The term Morphing means editing the original picture by unauthorized or fake identity. It came into light in the recent past that females’ pictures are being downloaded by some fake identities and then again re-posted or uploaded in some dirty websites by fake profile after completing the edition. This short of edition is restricted and amounts of violation of Information and Technology Act, 2000 and attracts Sections 43 and 66 of the Act[8].

 

(f) Email spoofing[9]:

A spoofed e-mail is one which misinterprets its origin. It shows the originality different from which it actually originates. The most common methods used by some men is to e-mail some vulgar photographs to women.

 

Legal frame work in India[10]:

Defining cyber crime as a’ fourth generation crime’, Late IT minister Pramod Mahajan said, “today, everybody will have to train themselves for the IT language, and the law – enforcing agencies especially need to be IT – savvy.” Women have been subjected to harassment and cruelty both mentally and physically for a long period of time. The mode of cruelty has been different in various courses of time. In the recent past it was felt by the Law making bodies that the protection of women and their rights should be the first priority to bring the justice and equality to this section of the society. In order to fulfill this noble mission they amended the Indian law among which following the remarkable one:

 

The criminal Law (Amendment) Bill, 2013[11]:

Major changes were made in the Indian Penal Code, Evidence Act, Cr. P.C Code and on the crimes related to sexual offences. Following are the few amendment sections of IPC:

 

Acid Attack (sec. 326A):

Imprisonment not less than 10 years which may extent to imprisonment of life along with fine which shall be just and reasonable to meet medical expenses for treatment of victim.[12]

 

Attempt to Acid Attract (sec. 326B):

Imprisonment not less than 5 years and may extent to 7 years and shall liable to fine.[13]

 

Sexual Harassment (sec. 354 A):

The words “any other unwelcome physical, verbal or non-verbal conduct of sexual nature”, mentioned in clause 5 of the section have been removed. Punishment of the offence under clause (I) & (ii) of the section has been reduce from 5 years to 3 years of imprisonment. [14]

 

Act with intent to disrobe women (sec. 354 B): 

Imprisonment not less than 3 years but which may extent to 7 years with fine.[15]

 

Voyeurism (sec. 354C):  Only women can become a victim under this section. In the case for the first conviction imprisonment not less than 1 year and may extent to 3 years and also liable to fine. And in the case of second or subsequent conviction than imprisonment either description which shall not be less than 3years extend to 7 years liable to fine.[16]

 

Stalking (sec. 354D):

Punishment for the offence has been changed. A man committing the offence of stalking would be liable for the imprisonment of 3 years along with fine the first offence and imprisonment up to 5 years with fine in case of second  and subsequent conviction. Along with these the definition has been rewarded and broken down in clauses.[17]

 

Widened list of offences under Information Technology Act 2000[18]:

It may be noted that all acts or offences coming under the preview of Sec. 66 of IT Act 2000 are cognizable and non – bailable offences. Intention and knowledge to cause wrongful cause and the evil mind i.e., mens-rea, destruction, alteration or diminishing in value of utility of data are the major ingredients to bring any act under this section.

 

Voyeurism (Sec. 66E):

Deals with the intervention of sexual privacy of the individuals and distribution of the same in the internet. Publishing or transmitting private area of any person without his or her consent is liable with for the punishment upto 3years of imprisonment or 2 lakh rupees or both.[19]

 

Section 66A:

Sending offensive massages through communication service, causing annoyance etc. though an electronic communication or sending a email to mislead or deceive the recipient about the origin of such massages are punishable offences with imprisonment upto 3years or fine.[20]

 

Section 66B:

Receiving stolen computer resource or communication device punishable with imprisonment upto 3years or 1lakh rupees of fine or both.[21]

 

Section 66D:

Cheating by presentation using computer resource or a communication device is a punishment offence with imprisonment of either description with may extent to 3 years and shall also be liable to fine upto 1 lakh rupees.[22]

 

Section 67:

Whoever publish or transmits any material which is obscene in nature in electronic form and its effect is such as to tend to corrupt persons who are likely to read the matter contained in it, shall be punished with first conviction for a term upto 3years and liable to fine 5 lakh Rupees in second years and fine of 10 lakh Rupees or both. (State of Tamil Nadu vs. Suhas kutti,2004)[23]

 

Section 67A:

This section deals with punishment for publishing or transmitting of material containing sexual explicit act on electronic form.[24]

 

Section 67B:

This section exclusively deals with child pornography. Depicting children text or digital images or advertizing or promoting such material which is obscene or indecent manner or facilitating on-line abusing children or inducing children to on-line relationship with one or more children comes under the purview of this section. Punishment for the offence for the first conviction is imprisonment for a maximum term of 5 years and fine of 10lakh and the event of subsequent conviction with imprisonment of 7years and fine upto 10lakh[25].

 

Information Technology Act, Indian Penal Code and other Acts

·        Sending threatening messages by email 

·        Sending defamatory messages by email 

·        Forgery of electronic records 

·        Bogus websites, cyber frauds 

·        Email spoofing 

·        Web-jacking 

·        Online sale of narcotics 

·        Online sale of weapons 

·        Logic bombs 

·        Virus attacks 

·        Denial of Service attacks 

 

Certain changes has been introduced in the Cr.P.C and Evidence Act, like the recording of statement of the victim, more friendly and easy, character of the victim is irrelevant, presumption of no consent where sexual intercourse is proved and the victim states in the court that there has been no consent, etc.

 

Conclusion:

Indian women citizens are still not open to immediately report the cyber abuse or cyber crime. The biggest problem of cyber crime lies in the modus operandi and the motive of the cyber criminal. Cyber space is a transit space for many people, including offenders. While people do not live in cyber space, they come and go like any other place. This nature provides the offenders the chance to escape after the commission of cyber crime. Many websites and blogs provide security tips for the safety of women and children in the net. But still then cyber crimes against women are on rise. Talking about legal framework, what the legislators and other law making bodies do is to chalk out a framework or regulations under which the Information and Technology may be brought under the preview. In fact, the laws regulating the fourth generation crimes termed as cyber crimes can be criticized as they lack in defining a particular territory or jurisdiction. It can also be stated a person sitting on a cyber space of a foreign country can operate through World Wide Web site and commit such crimes fearlessly. In reality it is we the people-in-general who have to be cautious as every matter in this universe has two aspects; positive aspect and negative aspect. It is we who have to chose which aspect we want to adopt and accordingly will get the result.

 

Reference:

1.       Janet Reno, Justice Against Every Body, available at: http://www.brainyquote.com/quotes/authors/j/janet_reno.html

2.       Pt. Jawaharlal Nehru, books.google.co.in/books?isbn=1439805024

3.       Wise Geek, What is E-mail Harassment, available at:  http://www.wisegeek.org/what-is-email-harassment.htm‎

4.       Wikipedia, Cyberstalking, Free Encyclopedia, available at: http://en.wikipedia.org/wiki/Cyberstalking

5.       Yaman Akdeniz, Governance of Pornography & Child Pornography on the Global Internet: A Multi-Layered Approach, Hart Publishing, Leeds, available at: http://www.cyber-rights.org/reports/governan.htm

6.       Thomas J.Mew IV, Cyber-Defamation: What Is It and How Should Business Respond, American Bar Association, Novenber 11, 2013, available at: http://apps.americanbar.org/litigation/committees/businesstorts/articles/fall2013-1013-cyber-defamation-how-business-should-respond.html

7.       Farhana Latief, Victimization of Women in Cyber World, Her Voice, available at: http://hervoice.co/story/opinion/victimization-women-cyber-world

8.       Information Technology Act 2000, Bare Act, 2013

9.       Wikipedia, Email Spoofying, Free Encyclopedia, available at: http://en.wikipedia.org/wiki/Email_spoofing

10.     Pawan Duggal, The Face of Indian Cyber Law in 2013, Business Standard, New Delhi, December 30, 2013 available at: http://www.business-standard.com/article/technology/the-face-of-indian-cyber-law-in-2013-113123000441_1.html

11.     The Criminal Law (Amendment) Act, 2013, Ministry of Law and Justice (Legislative Department), New Delhi, April 2, 2013, available at: http://indiacode.nic.in/acts-in-pdf/132013.pdf

12.     Ibid

13.     Ibid

14.     Ibid

15.     Ibid

16.     Ibid

17.     Ibid

18.     Information Technology Act, 2000, Bare Act, Eastern Book Company, Lucknow, 2013

19.     Ibid

20.     Ibid

21.     Ibid

22.     Ibid

23.     Ibid

24.     Ibid

25.     Ibid