GENDERED CYBER VIOLENCE AND ACCESS TO TECHNOLOGY

4.4 GENDER AND LAW

Submitted by

Jaiverdhan Singh

UID- UGJ21-19

B.A.LL.B. (Honours in Adjudication and Justicing)

Semester-IV

Academic Session – 2022-23

Submitted to

Dr. Shilpa Jain

(Associate Professor of Law)

MAHARASHTRA NATIONAL LAW UNIVERSITY, NAGPUR

Abstract
Social networking sites and the development of information and communication technologies
have opened up new avenues for violence, notably against women, girls, and members of
sexual and gender minorities. The various forms of abuse that might take place, including but
not limited to cyberbullying, online harassment, abuse in online dating, revenge porn, and
cyberstalking, reflect the phenomenon of cyberviolence.

CHAPTER 1

INTRODUCTION

Some might say that gender-based cyberviolence was hard to imagine thirty years ago. And
they are partially right, as the means to commit online violence mostly did not exist back
then. Online hate speech, trolling, cyber harassment, cyberstalking, sharing content without
permission, hacking, identity theft, cyberbullying, and image-based sexual assault are
examples of crimes that fall under the category of gender-based cyberviolence. Access to
technology plays a significant role in gendered cyber violence, as it can both enable and
exacerbate these types of attacks. For example, online harassment can occur across various
platforms, including social media, email, and messaging apps. Those who have access to
these technologies can use them to perpetrate gendered cyber violence, while those who do
not have access to these technologies may be at a disadvantage when it comes to defending
themselves against such attacks. Furthermore, gendered cyber violence can
disproportionately affect individuals who already face barriers to accessing technology, such
as women and girls, people of colour, and those living in poverty. These groups may be less
likely to have access to the necessary devices and infrastructure needed to use technology
safely and securely, making them more vulnerable to cyber-attacks.

CHAPTER 2
 GENDERED CYBER VIOLENCE'S SPECIFIC HARM

The impact of gendered cyber violence can be significant and long-lasting. Here are some
ways it can affect individuals:

Emotional distress: Gendered cyber violence can cause significant emotional distress,
including anxiety, depression, and post-traumatic stress disorder. The constant harassment
and abuse can make individuals feel unsafe and cause them to withdraw from online spaces.

Reputation damage: Revenge porn, doxing, and other forms of online abuse can damage an
individual's reputation and professional prospects. Victims may be shamed or humiliated
online, leading to social isolation and difficulty finding employment.

Physical harm: In some cases, gendered cyber violence can escalate to physical harm. Online
abusers may threaten or stalk their victims, putting them at risk of physical harm.

Limitations on freedom of expression: Gendered cyber violence can also limit an individual's
freedom of expression. Victims may feel afraid to speak their minds online, leading to self-
censorship and a chilling effect on online discourse.

Economic harm: Gendered cyber violence can also have economic consequences. Victims
may need to take time off work or school to deal with the aftermath of online abuse, leading
to lost income and career opportunities.

CHAPTER 3
 HOW TO DEAL WITH GENDERED CYBER VIOLENCE

Gendered cyber violence is a serious issue that can have a significant impact on individuals,
particularly women, who are often targeted with online harassment and abuse. Here are some
steps that you can take to deal with gendered cyber violence:

1. Recognize that the abuse is not your fault: Cyber violence is never acceptable, and
you should not blame yourself for the actions of others.
2. Document the abuse: Take screenshots or save messages and emails that contain
abusive content. This evidence can be helpful if you decide to report the abuse.
3. Report the abuse: Depending on the severity of the abuse, you may want to report it to
the relevant authorities, such as the police, internet service providers, or social media
platforms. Some social media platforms have specific reporting procedures for
harassment and abuse.
4. Seek support: Talk to someone you trust about what has happened to you. This could
be a friend, family member, or a professional counsellor. There are also organizations
that specialize in supporting victims of cyber violence, such as the National Network
to End Domestic Violence.
5. Take steps to protect yourself: If you are experiencing cyber violence, take steps to
protect your privacy and safety. This could include setting up strong passwords,
blocking the abuser, and limiting the amount of personal information that you share
online.
6. Advocate for change: Speak out about the issue of gendered cyber violence and
advocate for change. This could involve supporting organizations that are working to
end online harassment or pushing for policy changes that address the issue.

CHAPTER 4
 LAWS TO DEAL WITH GENDERED CYBER VIOLENCE IN INDIA

In India, there are various laws and regulations that deal with gendered cyber violence. Here
are some legislative provisions that specifically address gendered cyber violence in India:

Indian Penal Code (IPC): Section 509 of the IPC deals with "outraging the modesty of a
woman" and can be used to prosecute cases of online harassment and abuse against women.
Section 354D of the IPC specifically deals with "stalking" and can also be used in cases of
cyberstalking.

Information Technology (IT) Act: The IT Act was amended in 2008 to include provisions for
dealing with cyber crimes, including those committed against women. Section 66E of the IT
Act deals with "violation of privacy" and can be used to prosecute cases of non-consensual
distribution of intimate images or videos online. Section 67 of the IT Act deals with
"publishing or transmitting obscene material in electronic form" and can be used in cases of
online sexual harassment.

Protection of Women from Domestic Violence Act (PWDVA): The PWDVA provides
protection and relief to women who are victims of domestic violence, including online abuse.
Under the Act, women can seek protection orders and restraining orders against their abusers.

Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act:

The Act was passed in 2013 to address sexual harassment of women in the workplace,
including online harassment. The Act mandates that all employers have a policy against
sexual harassment in the workplace and provides for a mechanism for women to file
complaints.

It is important to note that while there are laws and regulations in place to address gendered
cyber violence, implementation and enforcement can be challenging. It is essential to
continue to raise awareness about the issue and work towards creating a safe and supportive
online environment for women.
 CHAPTER 5

ROLE OF JUDICIARY IN ENHANCING CYBER SAFETY OF WOMEN

In recent years, the Indian judiciary has taken several steps to enhance cyber safety for
women. Some notable judgments are:

Vishakha Guidelines: In 1997, the Supreme Court of India passed the Vishakha Guidelines to
prevent sexual harassment of women in the workplace, which also applies to online
harassment. The guidelines have been instrumental in establishing the legal framework for
addressing cyber harassment and bullying.

Cyber Crime Cells: The Indian judiciary has also directed the establishment of cybercrime
cells in every police station and district to address cybercrimes against women. The cells are
responsible for receiving and investigating complaints related to cyber harassment, bullying,
and stalking.

In summary, the Indian judiciary has taken several steps to enhance cyber safety for women,
including the establishment of legal frameworks, striking down overbroad laws, defining the
boundaries of online expression, and directing the establishment of cybercrime cells to
address cybercrimes against women.