Written by: ASNA JABI, BB.A. LL.B , 7TH SEMESTER, KALINGA UNIVERSITY
Introduction
The boom in the digital spaces of India has also brought in their wake a massive concern, that of online safety, particularly for girls. Gender-based cyberbullying, or harassment against girls because of their gender, which is sexualized more times than not, has become a concern of unification among all. The Indian legal system does recognize this and has been taking steps to modernize laws for better protection of people like her. This article would discuss new enactments such as the Digital Personal Data Protection Act, 2023[1], Bhartiya Nyaya Sanhita, 2023[2]. We would then analyse if these new enactments are effective in protecting girls from internet harassment and further give recommendations for improvement.
Cyberbullying and Gender-Based Harassment in India
According to the research, girls are more likely to face online harassment, ranging from verbal abuse and slut-shaming to extreme doxing, non-consensual intimate image sharing, as well as sexual harassment. The various kinds of cyberbullying have led to severe emotional disturbances, such as anxiety and depression, while extreme possibilities include self-harm or even suicide. Despite these laws established to put an end to this nuisance of online harassment, enforcement remains a challenge. It involves criminal heroes who, most of the time, remain anonymous and do it across borders.
Legal Provisions on Cyber Bullying and Harassment
1. The Digital Personal Data Protection Act, 2023
The recent additions in India's web-based data and privacy regulation platform include the Digital Personal Data Protection Act, 2023. Although it essentially deals with personal data in its digital form, the very act depicts the problems that occur due to a breach of data, sharing data without lawful authority, and online consent-all problems related to cases of cyberbullying and harassment, especially when intimate images are without consent.
This act allows legal prosecuting of harassment, which is done by misusing personal information like sharing pictures or even videos of girls. The Act says that personal data must only be processed with explicit consent from the individual which must be freely given, informed, and specific. Sharing such information without consent constitutes a breach of the Act wherein the victim can lodge complaints with the Data Protection Board of India.
Apart from that, the Act also imposes very stringent obligations upon Data Fiduciaries-the organizations and platforms that handle personal data-to safeguard it. The social media platforms wherein most of this online harassment takes place are within the scope of this Act, thereby holding them answerable for securing the personal data and curbing breaches helping facilitate harassment. However, while the Digital Personal Data Protection Act, 2023 remains a much-needed tool, it focuses more on privacy violations than on direct measures for punishment on harassment; thus, it requires complementing laws to comprehensively deal with cyberbullying.
2. Bharatiya Nyaya Sanhita, 2023
Replacing the Indian Penal Code, Bharatiya Nyaya Sanhita 2023, introduces a more consolidated and modern approach to criminal justice in India. There are many provisions under this new code that apply to addressing gender-based cyberbullying.
Ø Sexual Harassment (Section 354A): Sexual harassment requires punishment, which includes online harassment too, like sending obscene messages or making sexually explicit advances. This legal framework would, thus hold good for efficacious prosecutions of gender-based online harassment that often comprises unwanted sexual content, or sexually-suggestive messages.
Ø Section 354D (Stalking and Cyberstalking): The Bharatiya Nyaya Sanhita criminalized both physical stalking and cyber stalking. It is particularly important for girls who are continuously targeted and followed online by harassers since stalking in digital spaces often leads to psychological trauma.
Ø Sections on Image-Based Sexual Abuse Whereas previous legislation protected people from some sorts of sexual exploitation, the new criminal code extends definitions and punishments of image-based abuse. This sometimes is referred to as "revenge porn." They include picture and video sharing without consent.
It thus provides wide protection against various shades of gender harassment, while provisions that concern cyber harassment ensure that harassers of girls in cyberspace are liable to be brought before the law courts.
The new code further enhances India's position in prosecuting cybercrime while using its legal language to introduce a note of gender sensitivity.
3. Other relevant legislation
Ø Information Technology Act, 2000 (Revised in 2021)[3]: The IT Act remains a back bone in dealing with cybercrimes. Section 67 of the IT Act criminalizes the publication or transmission of obscene material in electronic form. Although originally envisaged to prevent pornography, it is now extended to where the intimate pictures of girls are circulated without their consent. The act also prohibits content that is deemed "grossly offensive" or "of a menacing character."
Ø The Protection of Children from Sexual Offences (POCSO) Act, 2012[4]: The POCSO Act provides a safeguard to the children from sexual offenses that include online harassment-related digital offenses. In cases where the victim is a girl child aged below 18 years, POCSO accords severe punishments to the offenders with specific focus on those who commit online-related sexualized harassment.
Obstacles to Enforcement
Even with such laws in place, enforcement remains an uphill task:
i. Perpetrators of Harassment Anonymous: The anarchic nature of the internet makes it virtually impossible for law enforcement to identify culprits and make them face the consequences. Many girls have complaints about being sent lewd messages by people whose identities are concealed behind some fake profile or anonymous accounts, making prosecution inevitable.
ii. Social Media Platforms: Although Digital Personal Data Protection Act makes the burden on platforms for safe data management, these are not very proactive when it comes to removal of harmful or derogatory content or to reveal harassers. The global social media network companies may even not hand over their users' data on demand, for the sake of privacy, however futile the case for gender-based harassment might be.
iii. Lack of Awareness and Reporting: Most girls are not aware of the new rights available to them; even a few knowing their rights may refrain from reporting cyberbullying either because it might lead to social shame or thinking that the bullies might retaliate. Public awareness campaigns and accessible legal processes can ensure that this does not happen.
iv. Judicial Delays: Cybercrime cases, more so those involving evidence such as digital footprints, take ages before being processed, dissuading victims from any course of action. Cybercrime-specific courts, or specialized fast track systems, may help expedite justice in such cases of online harassment based on gender.
Potential Reforms and Solutions
India requires more reforms to ensure the safety of girls against online gender-based harassment:
i. Strengthen Reporting Mechanism: This would be a great step in the right direction undertaken by the Indian government if done correctly, became an integral part of the law enforcement and judicial system, and action could be taken promptly against the perpetrators of online harassment. There must be defined easily accessible reporting pathways that allow victims to file complaints anonymously.
ii. Improve Platform Responsibility: be proactive about both content moderation; be a better partner for Indian law enforcement. Takedowns of offending content will occur more quickly; reporting mechanisms regarding cases of cyberbullying will be effective.
iii. Public Awareness and Education: Literacy of the girl child both at school and community level through such interventions as education on staying safe online and knowledge of legal rights. There is an added requirement for drives in legal awareness targeted at gender-based cyberbullying, making the many potential victims as well as the general public aware of the avenues open to them for redress.
iv. Tougher penal Sanctions: Data Fiduciaries and social media companies should face strong penal sanctions for not following data protection laws or for not replying to cyberbullying complaints within a reasonable timeframe. This shall ensure better compliances and leads to tackling such cases in advance.
Conclusion
The Digital Personal Data Protection Act, 2023 and the Bhartiya Nyaya Sanhita, 2023 will vary significantly enrich the legal framework in India with regards to cyberbullying and gender-based harassment. Though only when these laws are actually put into practice will an apt assessment be possible. There is legislation in place; more robust enforcing, increasing public awareness, and platform accountability would ensure enough protection to girls from the ever-evolving dangers of online harassment. Outfitting the girls with legal acumen and sturdier mechanisms of the law will ensure safer cyberspace and liberate them from gendered abuse
[1] https://www.meity.gov.in/writereaddata/files/Digital%20Personal%20Data%20Protection%20Act%202023.pdf
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