Cyber Laws and its Implementation:

Challenges ahead to safeguard the

Women Dignity

Avnish Bhatt
Assistant Professor
ICFAI Law School, The ICFAI University
Dehradun
+91-9917119568
avnish.advocate@gmail.com
avnish.bhatt@iudehradun.edu.in
 Digitalization

Positive: Digitization in India and

increase in Technological power
(example: sending money just by
clicking on the picture)

Negative: Increase in Crime using

the digital technologies
 Cyber Crime

Crime: Engaging in conduct that has

been outlawed by a particular society

Cybercrime: Differ in the tool: guns

are change for computers
 Cyber Space

• Cyber Space: total interconnectedness

of human beings through computers
and telecommunications.
• Amalgamated term for the interweb of
consumers, computers and networks
 Cyber Crime related Laws

• Indian Telegraph Act 1885

• Information Technology Act 2000
• Indecent Representation of Women (Prohibition)
Act, 1986 (Circulation of material containing
indecent representation of women).
• Indian Penal Code 1860’
• Others
 Cyber Crimes and Gender
sensitivity
• Cyber Stalking: online harassment and online abuse.
Defamation: Cyber defamation includes both libel and Slander.
• Morphing: an activity to edit original picture to misuse it.
• Cyber-pornography:
• E-mail spoofing: Cause monetary damages
• Phishing: Phishing is the attempt to gain sensitive information
such as username and password
• Trolling: quarreling or upsetting victim by posting
inflammatory or off-topic messages in an online community
 Problems Identified
• Major legal lacuna i.e. having no clause for many common
cybercrimes in legal system. The Information Technology
act 2000
• It has been identified that international cooperation has
not be standardized. (example a cyber crime committed
from Jamaica in India)
• Many women do not register complaint because the
lengthy procedure and further due to fear of disclosing
her identity.
• Woman and child cyber harassment and related cyber-
crimes remain overwhelmingly underreported
• Women are mostly unaware about privacy policies and
safety tips for using social media sites.
 Continued….
• Process of reporting such cybercrime against woman needs to
be simplified and identity of woman and children involved
protected to ensure such crimes do not go unreported.
• Cyber laws have not been formulated properly and the
procedure for registering a complaint is not known by woman
• National Crime Records Bureau (NCRB) of India does not
maintain any separate record of cyber-crimes against children
and woman.
• No Digital Police Portal is existing currently
• Woman harassment and exploitation in cyber space is increasing
with updated technology and anonymity. It takes huge time for
investigation and many times cases are unsolved due to lack of
Cyber Forensics laboratories.
• Foreign Service providers are not enough cooperative during
investigations due to cross border issues.
 Suggested Measure to overcome
with such gaps and lacunae
• Separate categorization of Cyber Crimes against Women and
Children under NCRB record.
• Digital Police Portal or E-Portal where Women in easy manner
can report online.
• Education of Cyber related Crimes and its sensitization, must
be included in School curriculum.
• High time to work for International Treaties to address this
issue.
• We can notice that implementation of cyber laws is inadequate
and people are unaware of the laws and still, there is less
emphasis on cyber security.
• Gender based Laws needs to be formulated. A difference
between pornography and child pornography has been
recognized in United States of America’s Communications
Decency Act, 1996 and United Kingdom Obscene Publications
Act, 1959.
 Model Framework

• Education
• Empowerment
• Legal Recourse
 • Thank You
• +91-9917119568
avnish.advocate@gmail.com
• avnish.bhatt@iudehradun.edu.in