Tag: cybercrimes against women

Is using electronic payment mode mandatory?

CYBER CRIME AGAINST WOMEN BY DEBARATI HALDER

We are facing challenge of Covid-19 restrictions. A whole generation is facing another unique challenge. Many senior citizens and people from socio-backward classes and communities are unable to exercise their basic right to life because they may be unable to use the electronic payment mechanisms.

By the end of 1990’s electronic commerce started getting popularity and almost by the first half of the millennium, banks of several countries had expanded their services for electronic money transactions. Soon plastic money in the forms of ATM, credit, debit cards etc., were introduced and the smart generation started relying more on plastic money rather than carrying currency in their wallets. But this proved dangerous for majority. There were physical theft of wallets and the cards, misuse of the cards, hacking of e banking systems which directly affected the card operating systems, ATM machines were unauthorizedly accessed, spycams were installed in the machines to detect the banking information including the passwords etc. Senior citizens were worst affected as most of them in countries like India could not operate the e-banking system or the cards: either they could not understand the operational mechanisms or they were not physically able to conduct the entire transactions either through the ATMs, or through their smart devices. This was due to generation gap.

With the advancement of technology, e wallets were introduced. Through online banking mechanisms, one can deposit a particular amount of money in e—wallets. However, this would not be operating as a single and independent device or mechanism. Users may connect their valid government identity proofs with e-wallets. Such e-wallets may necessarily be used through computers, smart phones etc.[1]Everything remains virtual except the device/s that will help a user to access the online transaction mechanisms. It has been continuously stated that plastic money, e-wallets and e-banking systems are safe and better than carrying the currency.

But do we really know who is safeguarding our money in this system? A few provisions Chapter III of our very own Information Technology Act, 2000(amended in 2008) would make this clear. Chapter III discusses about electronic governance. S.6A of the Information Technology Act (IT Act), 2000, amended in 2008 is noteworthy here: it says as follows:

6A Delivery of services by service provider. –

(1) The appropriate Government may, for the purposes of this Chapter and for efficient delivery of services to the public through electronic means authorise, by order, any service provider to set-up, maintain and upgrade the computerised facilities and perform such other services as it may specify by notification in the Official Gazette. Explanation. -For the purposes of this section, service provider so authorised includes any individual, private agency, private company, partnership firm, sole proprietor firm or any such other body or agency which has been granted permission by the appropriate Government to offer services through electronic means in accordance with the policy governing such service sector.

(2) The appropriate Government may also authorise any service provider authorised under sub-section (1) to collect, retain and appropriate such service charges, as may be prescribed by the appropriate Government for the purpose of providing such services, from the person availing such service.

(3) Subject to the provisions of sub-section (2), the appropriate Government may authorise the service providers to collect, retain and appropriate service charges under this section notwithstanding the fact that there is no express provision under the Act, rule, regulation or notification under which the service is provided to collect, retain and appropriate e-service charges by the service providers.

(4) The appropriate Government shall, by notification in the Official Gazette, specify the scale of service charges which may be charged and collected by the service providers under this section: Provided that the appropriate Government may specify different scale of service charges for different types of services.

 

Online transactions for e-commerce purposes are directly connected with the concept of service delivery by service providers. S.6A has got two main component parts: (i) authorization to the service providers by the government to set up provisions for delivery of services in the electronic mode; and (ii) collection of service charges by the service charges. Whenever we get to see a smooth or a bumpy operation of services from the banks or from any other government or corporate authorities, we must know that there is a secret team behind that government department, bank or the corporate authority. They may be independent agencies who are commissioned by such government /bank/corporate authorities. These ‘secret teams’ perform all the technical functions for economic transactions, maintenance of the records for money transactions, maintenance of cyber security issues etc.,  and they are duty bound to not to violate the confidentiality of the user-data. Intact there are layers of contracts between the actual user and the bank/government/company, between such service provider and the actual users and the government etc. We know only the first layer of contracts and agreements between us, the actual users and the bank/government /company etc., who are providing us certain services or even goods. But there are several examples of violating the agreements and contracts. These ‘service providers’ know us more than we know ourselves because they know our bank details, our spending habits and even our location data too.

Considering the risk for breaching of confidentiality in all such cases S.7A of the IT Act, 2000(amended in 2008) has prescribed for auditing of documents etc., maintained in electronic forms. This Section says as follows:

“7A Audit of documents, etc., maintained in electronic form. -Where in any law for the time being in force, there is a provision for audit of documents, records or information, that provision shall also be applicable for audit of documents, records or information processed and maintained in the electronic form.”

But this is hugely neglected by many stakeholders and this loophole creates several data breaching related legal issues. The Indian legislature has also brought in the Intermediary guidelines Rules, 2021 which also shifts the liability for data protection for intermediaries in certain cases.

However, we must not forget that there is digital divide in our societies. Adults including men, women and people belonging to LGBTQ communities may not always access information and digital communication systems and services. This is a universal problem. Women may not be empowered to use electronic devices in socio-economically backward classes and communities. Not to forget that even though Indian constitution mandates for equal pay for all, women may not always get equal pay in unorganized sectors. Many households in India as well as in many Asian countries do not allow women to take any decision related to family-finances.  But there are situations when people are forced to use electronic payment/transaction systems. Covid-19 pandemic is one such situation where the WHO advised to reduce usage of anything which may transmit the viruses from people to people: reduction of usage of currency notes were also suggested as it was understood that the materials in the currency notes may get wet with sweat, saliva etc., and this may be extremely dangerous since it might increase the risk of spreading of pandemic. But there are new researches coming up every day which are suggesting how to take precautions while dealing with papers (including materials which are used to make currency notes) or clothes during pandemic times.

In all such cases, aren’t our constitutional rights get violated if the government or any other stakeholder insists on e-transactions? It actually does.

Answer to this question may be found in S.9 of the IT Act, 2000(amended in 2008). This says as follows:

Sections 6, 7 and 8 not to confer right to insist document should be accepted in electronic form.-Nothing contained in sections 6, 7 and 8 shall confer a right upon any person to insist that any Ministry or Department of the Central Government or the State Government or any authority or body established by or under any law or controlled or funded by the Central or State Government should accept, issue, create, retain and preserve any document in the form of electronic records or effect any monetary transaction in the electronic form.

Nonetheless, the above mentioned provision empowers all who may not be able to use or who may want to refuse the use of electronic payment system. But this may not always be considered as the Rule: this is rather Exceptio probat regulam (an exception proves the rule) in the era of internet. Even though the government and other corporate stakeholders may extend their services on humanitarian grounds to help those who may not be able to use the digital payment systems or the e-wallets etc., people’s trust may easily be broken by gross misuse of the powers that such ‘helpers’ may have: ATM debit cards may be stolen, data may be compromised, e-wallets may be illegally operated by such ‘volunteers’ who may want to gain illegal and unethical profits at the cost of innocent people.

It will take longer time to make people from all backgrounds aware about electronic payment modes. It will probably take even longer to control cyber criminality targeting vulnerable people. One must not violate the legal norms and constitutional principles to make the right to life of others almost unachievable. Vulnerable groups including senior citizens, disabled people, socio-economically backward communities, women and children must be given enough protection to gain their trust so that all can survive and win over adverse situations.

Please note: Please  do not violate the copyright of this writeup. Please site it as Halder Debarati (2021) Is using electronic payment mode mandatory?  Published @ https://debaraticyberspace.blogspot.com/2021/04/is-using-electronic-payment-mode.html on 22-04-2021



Gender and Internet : Web magazine for Cyber law for women News update for December 21st – January 6th, 2021

Let 2021 be a healthier year
Picture credit: Debarati Halder

Allahabad High Court in India refuses to quash FIR against the husband who uploaded nude pictures of wife on internet
https://www.livelaw.in/news-updates/allahabad-high-court-quashing-fir-whatsapp-posting-nude-snap-wife-167637?fbclid=IwAR1HYveTOKJhK0mCHJ4crcypfjVDBi0qlWiKrAWznAeyWKSK67ZcJBH_WVE

Senators in the US introduces Stop Internet sexual exploitation Act which aims for strict regulation of internet platform which hosts pornography. Critics apprehend this will impact on online sex work.
https://arstechnica.com/tech-policy/2020/12/pornhub-squarely-targeted-in-bipartisan-bill-to-regulate-sex-work-online/?fbclid=IwAR2SQwxLJkzVp70noMvqiPs4s_db11heXSYtCjc6Aotlz8zbDghtRzEVx-0

Essex man who hacked into the Snapchat accounts of girls and young women from different countries including UK, Australia, Hongkong, Romania etc and forced victims to share their intimate images with him, gets arrested, charged and finally gets jail sentence for 11 years.
https://www.bbc.com/news/uk-england-essex-55549628

India sees steady growth in deepfake porns and growing numbers of girls and women and victims.
https://lifestyle.livemint.com/news/big-story/deepfakes-when-seeing-is-not-believing-111609504596030.html

Stakeholders warn that custom made clothes ordered through online platforms are becoming gateways for privacy violation for women.
https://www.washingtonpost.com/technology/2021/01/05/amazon-tshirt-body/?fbclid=IwAR1CVvgfVT8tcOj8AwlOljhxgcr5nNybwQAeDKan8QYKZbW8DYnuTYCVYwQ

Gender and Internet : Web magazine for Cyber law for women News update for November 9th-December 14th , 2020

Picture Credit : Dr.Debarati Halder

Let ‘Orange the world‘ campaign bloom every where always

Iraninan woman who underwent numerous plastic surgeries to look like Angelila Jolie. get 10 yeaps of imprisonment sentence. She was earlier detained by the police on charges of Cultural crimes and social moral corruption.
https://www.indiatoday.in/world/story/iran-woman-zombie-angelina-jolie-sahar-tabar-sentenced-10-years-jail-1749051-2020-12-13?fbclid=IwAR09hy5UDRhr–KFu22quV0GizQJ3EpK7ulB1R7Phcs5JXdA4d15mvQqodM

Egyptian photographer gets arrested for a private photoshoot of model in ancient Egysptian dress in the background of 4,700 year old pyramid in the archeological zone.
https://www.india.com/viral/egypt-arrests-photographer-over-pyramid-of-djoser-photoshoot-of-model-dancer-salma-al-shimi-wearing-ancient-costume-4238095/?fbclid=IwAR3WB87LrGsg6MNPadzNR1jI-TovlxYYprluiIEmtoO9UeUi76nlve3nZuQ

Woman from Rajasthan, India, believed her Facebook male friend, left home and reached another city in the wee hours. Gets trapped by suspicious person who wanted sexually harass her. Police team rescues her. But Facebook friend remained ‘non responsive’ through out her stay in the new city.
https://timesofindia.indiatimes.com/city/ahmedabad/raj-girl-left-in-the-lurch-by-fb-friend-rescued/articleshow/79712067.cms

Police sub inspector in Ahmedabad, India takes phone number of woman complainant in the process of investigation of a case lodged by her, then sends message to her and allures her to come down to a hotel for ‘personal work’ and attempts to rape. The sub inspector gets arrested.
https://indianexpress.com/article/cities/ahmedabad/sub-inspector-arrested-for-rape-attempt-on-woman-in-ahmedabad-7100663/

Man in Pune, India stalks and dupes women through online dating sites. he impersonated as manage for massage parlor, used photographs of foreigners to gain confidence. Police arrests him with charges for stalking, harming modesty of women with word gesture etc under Indian penal Code and for transmitting obscene materials over digital telecommunication platforms under Information technology Act, 2000 (amended in 2008).
https://www.hindustantimes.com/pune-news/man-arrested-for-stalking-women-through-online-dating-sites-in-pune/story-7uNxTdDikHqujuLTPP0LIK.html

Federal Investigation agency, Pakistan arrests man who was charged with offence of managing porn site from Hyderabad, Pakistan. He was recruiting women by misleading them and using them to make calls to international clients.
https://www.geo.tv/latest/323586-man-arrested-by-fia-from-hyderabad-for-allegedly-managing-porn-websites

UK sees sky rocketing of revenge porn cases during pandemic time in 2020.
https://www.independent.co.uk/news/uk/home-news/revenge-porn-covid-domestic-abuse-b1770059.html

Bangladesh police says 80% of the cyber bullying victims are women and girls
https://www.thedailystar.net/country/news/80-cyberbullying-victims-are-women-cyber-crime-division-dmp-2009017

A 17 year old veteran Fesno, California police officer gets jailed for allegedly possessing child porn material.
https://www.fresnobee.com/news/local/crime/article247739800.html

Makkah criminal court holds virtual session for sentencing Arab national with imprisonment for one and half years for impersonating woman on social media platform, publishing her photos and threatening to make her other photos public.
https://saudigazette.com.sa/article/601236/SAUDI-ARABIA/Jail-for-Arab-national-for-blackmailing-young-woman-on-social-media

School in Ahmedabad, India receives threat mail threatening to release morphed pictres of girl students online.
https://timesofindia.indiatimes.com/city/ahmedabad/new-mail-threat-to-school-prelim-exams-cancelled/articleshow/79699828.cms#:~:text=AHMEDABAD%3A%20Prelims%20exams%20of%20students,email%20received%20on%20Friday%20morning.&text=School%20principal%20Binu%20Thomas%20said,charged%20up%20to%20assist%20students.%E2%80%9D

Former High court Judge of India Justice Karnan gets arrested for insulting women judge and women family members of the male judges through WhatsApp and Information communication technology platforms.
https://www.hindustantimes.com/india-news/former-hc-judge-c-s-karnan-arrested-for-insulting-sc-judges-women/story-w6TZS2WATU91lEiojH737M.html?fbclid=IwAR36p6sbJAOejlRm4Bwu_A-xl0Cw0GLnP0UixdFi7WBrL7ZB7a2rmsKyLJ0

Plight of "Punita" : A common tale of \’powerless\’ women victims of trolling

CYBER CRIME AGAINST WOMEN BY DEBARATI HALDER

Image courtesy : Internet 

In 2012 “Nirbhaya” a young female paramedic was brutally gang raped in a cold December night in Delhi, India. Within a few days the police nabbed the offenders and arrested them. All 6 of them were from northern parts of India who came down to Delhi for making their living. All of them were working as transport workers including driver, conductor, cleaner etc. Within a few days of their arrest, the victim died because of the impact of the assault and internal injuries. The charges against the accused were enhanced from rape to include murder under the Indian Penal Code. Among the 6 accused persons, the prime accused committed suicide. Even though the case was taken over by fast track trial court, it took around 10 months for the trial court to convict the accused and award death penalty to the surviving 5 accused. The death penalty was upheld by the Supreme Court of India in 2017. In between one of the accused pleaded to be considered as minor and was declared as minor and hence was dealt under the Juvenile justice administration system. However neither the Supreme Court, nor the high court prevented the accused persons from exercising their rights to appeal against the capital sentence. The Supreme Court considered this case as rarest of rare cases. Except the minor, other convicted accused did not however succeed in their respective pleas to the Supreme Court to reverse the sentence to life imprisonment and the President for mercy petition.[1]  All four of the adult convicts were hanged in the wee hours of 20th March, 2020. Immediately after this the Covid 19 lockdown was clamped strictly almost all over the world preventing several litigants, victims to approach the courts as courts also suffered due to pandemic.

None of the convicted persons in NIrbhaya case came from socio-economically forward class. Except one, others did not complete their basic education as well.[2]Some researches including the controversial India’s Daughter documentary[3]claimed that lack of education could have been the main reason to defy the laws for violating women in this regard. While almost all such researches and findings were concerned about the perpetrators, not many looked into the fate of the wives of such sex offenders who may not have received primary education and may not have been allowed to access justice for themselves because of being women and living in patriarchal societies. Punita, wife of Akshay Thakur, who was one of the convicts, tried her level best to convince the courts and the society at large in her own way  that if her husband was hanged, she and her minor son would have to die. On the final day of hearing she was seen shouting, crying, beating herself and fainting before the Supreme Court building. Her actions attracted media and she was probably encouraged to continue to do what she was doing because that would add more TRP to the stories that were being made on Nirbhaya sentencing. Soon she made headlines in almost all domestic and foreign news channels and she was center of debates for and against death penalty. Simultaneously she was targeted by internet trolls vigorously.[4]

In the recently held 9thinternational victimology conference organized by Jindal institute of Behavioral Sciences[5]I had addressed the issue of cyber victimization of Punita through my paper titled Critical analysis of the case of wife of Nirbhaya rape convict: therapeutic jurisprudence & cyber victimological perspectives”.  While the media could successfully (and probably rightly) generate public sympathy for the rape victim and her family, they generated extreme hatred to Punita because she was apparently ‘supporting her husband’. The internet platforms added fuel to the fire in this hate campaign. If one sees the news reports on Punita Devi on the social media handles of the news media channels, one would get to see that the comments posted about her and opinion generated on her created extremely negative profile of hers which would go a long way to prevent her from getting any job in any private or public sector. It was a visual victimization of Punita on cyber space which still exists on cyber space and will be existing forever. In my earlier research on visual victimization of women on cyber space, I had observed that the victims of such visual victimizations may now know about their online victimization because they may never get access to the internet and digital communication media as their urban counterparts may get, which may eventually help the later to reach the criminal justice machinery to remove these contents.[6]

 Women such as Punita are often seen as ‘co-accused’ by the public at large. Coming from socio-economically backward communities and being educationally challenged, most wives of sex offenders in several Asian countries (where patriarchy rules), may not be allowed to access justice for themselves. Apparently she approached the family court in her native district for divorce because the Hindu Marriage Act under S.13B(2ii) allows women to get ‘quick’ divorce under special grounds which includes conviction of husband for rape, sodomy, bestiality etc.[7]But she was too late in approaching the court. She did not want to live as a widow of a hanged rapist. She preferred to be a divorcee. Women in such situations are blamed by the families and public at large for failing to satisfy their husbands sexually and materialistically which may have encouraged the later to go ahead for raping and sexually assaulting other women. These women cannot go ahead for divorce while the trial is on because this would not only attract social taboo, it will also push such women to extreme poverty: they have to leave the matrimonial homes, they may not be accepted in their parental homes and they may not get any financial support from anyone.

How can Therapeutic Jurisprudence help?  Justice Krishna Iyer  a legendary judge who introduced new paradigm to reformative justice in India mentioned about applying Therapeutic jurisprudence in the prisons for reforming the prisoners in 1970’s.[8]But after him we did  not get to see the use of the term by the judges while dealing with reformative criminal jurisprudence in India. In numbers of my researches however I have shown that the concept of Therapeutic Jurisprudence has submissively influenced the Indian judges.[9]The spirit of Therapeutic Jurisprudence may help wives of sex offenders especially in countries like India. In my earlier research  titled “Free Legal Aid for women and Therapeutic Jurisprudence: A critical examination of the Indian model”,[10] which was published In the edited book volume titled Methodology And Practice Of Therapeutic Jurisprudence Research edited by Stobbs Nigel, Bartel Lorana & Vols.M , I had observed that women especially from socioeconomically backward communities may not be permitted to access justice even if the legal counseling  is freely available through free legal aid clinics. This situation may be improved by vigorous campaigning by legal aid volunteers and law students. The law students, practitioners and judges must be sensitized about Therapeutic jurisprudence and law’s therapeutic effects which may bring tremendous change in women empowerment. Wives of sex offenders go through tremendous traumatization primarily because they feel cheated in their marriages and then feel threatened when it comes to social security for them. As such, mental wellbeing of these women are least taken care of when the court decides to charge the husbands, i.e. the accused in sex offences. In my presentation in the international victimology conference mentioned above, I have proposed that courts must consider to parallelly counsel such wives through free legal aid cells so that they may be made aware about their rights for divorce, matrimonial alimony, child custody and maintenance for child.

Further, I have also proposed that courts must suomotu consider to pass restraining order for the media houses regarding airing the images of grieving wives, who may or may not be accompanied by their children. These women do not make any ‘drama’ to stall the execution of sentences for supporting their husbands. They express their anger, frustration and fear for their own future which is dependent on the longevity of their husbands. Unfortunately their expression of fear, frustration etc are hugely consumed sadistically by the society at large and due to the non-ending presence of the clippings on the internet, such women may be profiled in a negative way. I have proposed that the scope of Right to be forgotten must be expanded in such cases which the courts must take up extending the power of judicial intervention for ensuring the privacy rights of women. Interestingly many courts across the globe are shifting burden to the website companies for not removing objectionable contents especially when it comes privacy of women and children. India has laws for website liabilities in this regard under S.79 of the Information Technology Act, 2000(amended in 2008). This provision read with Information Technology (reasonable security practices and procedures and sensitive personal data or information ) Rules 2011 mandates that web companies shall be held liable if they do not take down objectionable contents within due time. This brings two major points to be considered: who reports it? Whether this can be considered as ‘protected speech and expression’. Indian judicial understanding regarding freedom of speech on internet is expanding and courts have started using judicial discretion to not to consider each and every speech as speech falling outside the purview of Article 19(1)(A) of the Indian constitution which guarantees freedom of speech and expression as a fundamental right. It is obvious that women such as Punita would not know about such legal jurisprudence. The courts therefore must consider adding this issue in the bag of ‘reformative and rehabilitative considerations’ when awarding the sentences (including life sentence or capital sentences).  This may go a long way to prevent secondary victimization of the wives of sex offenders who are ‘innocent victims’ of the entire situation.

It is therefore hoped that if the issue of online as well as real life victimization of the wives of the convicted sex offenders are seen from the Therapeutic Jurisprudential aspects, the rights of women to access justice, rehabilitation and privacy may be secured.

 


Prof(Dr) Debarati Halder, LL.B, LL.M, Ph.D(Law)(NLSIU) is a Professor at Unitedoworld School of Law, Karnavati University, Gujarat, India. She is the founder of Centre for Cyber Victim Counselling (www.cybervictims.org) and the India chapter head of International Society of Therapeutic Jurisprudence. She is the pioneer in introducing Therapeutic Jurisprudence as a part of credit course in legal education in India. She can be reached @debaratihalder@gmail.com

 

[1]See for more in PTI(2020) Nirbhaya case convicts to be hanged at 5.30 a.m. as Supreme Court dismisses plea against rejection of mercy petition. Published on March 20.2020 in The Hindu. URL: https://www.thehindu.com/news/national/nirbhaya-case-convicts-to-be-hanged-as-supreme-court-dismisses-plea-against-rejection-of-mercy-petition/article31114747.ece Accessed on 21.03.2020

[2] For more, see in Profiles: Who were the Delhi gang rape convicts?. Published in https://www.bbc.com/news/world-asia-india-23434888#:~:text=Courts%20convicted%20six%20people%20for,student%20in%20a%20moving%20bus. On March 20. 2020, accessed on 21.03.2020

[3] For more, see in Banned film India\’s Daughter shown in rapists\’ slum

. Published in https://www.bbc.com/news/world-asia-india-31865477 . On March13. 2015, accessed on 21.03.2020

[4] For example see the comments @ https://www.youtube.com/watch?v=rzwPrx1l9Hg Accessed on 29.10.2020

[5] The conference proceedings and my presentation are available @ https://www.youtube.com/watch?v=c9__aYyD9cA

[6] Halder D., & Jaishankar, K. (2014). Online Victimization of Andaman Jarawa Tribal Women: An Analysis of the Human SafariYouTube Videos (2012) and its Effects. British Journal of Criminology, 54(4), 673-688. (Impact factor 1.556). DOI: 10.1093/bjc/azu026.

[7] Section 13(2)(ii) in The Hindu Marriage Act, 1955 states

 “A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground………. that the husband has, since the solemnisation of the marriage, been guilty of rape, sodomy or bestiality”

[8] See for more in Md Ghiasuddin vs State of AP . reported in (1977) 3 SCC 287. Available at: http://www.indiankanoon.org/

doc/1850315/,

[9] See Halder, Debarati, Why Law Fails to Be Therapeutic in Spite of Therapeutic Judicial Efforts: A Critical Analysis of Indian Legal Education From the Therapeutic Jurisprudence Perspective (October 28, 2018). Unitedworld Law Journal, Vol 2, Issue: I, ISSN: 2457-0427, (2018) pp 173-182, Available at SSRN: https://ssrn.com/abstract=3274175

[10] Halder, D. (2019), Free Legal Aid for women and Therapeutic Jurisprudence: A critical examination of the Indian model. In Stobbs Nigel, Bartel Lorana & Vols.M (eds.), Methodology And Practice Of Therapeutic Jurisprudence Research. USA: Carolina Academy Press.

Please do not violate the copyright of this blog. Please cite it as “Halder Debarati. (2020), Plight of \”Punita\” : A common tale of \’powerless\’ women victims of trolling\” November, 8, 2020, published in http://debaraticyberspace.blogspot.com

 


 

[1]See for more in PTI(2020) Nirbhaya case convicts to be hanged at 5.30 a.m. as Supreme Court dismisses plea against rejection of mercy petition. Published on March 20.2020 in The Hindu. URL: https://www.thehindu.com/news/national/nirbhaya-case-convicts-to-be-hanged-as-supreme-court-dismisses-plea-against-rejection-of-mercy-petition/article31114747.ece Accessed on 21.03.2020

[2] For more, see in Profiles: Who were the Delhi gang rape convicts?. Published in https://www.bbc.com/news/world-asia-india-23434888#:~:text=Courts%20convicted%20six%20people%20for,student%20in%20a%20moving%20bus. On March 20. 2020, accessed on 21.03.2020

[3] For more, see in Banned film India\’s Daughter shown in rapists\’ slum

. Published in https://www.bbc.com/news/world-asia-india-31865477 . On March13. 2015, accessed on 21.03.2020

[4] For example see the comments @ https://www.youtube.com/watch?v=rzwPrx1l9Hg Accessed on 29.10.2020

[5] The conference proceedings and my presentation are available @ https://www.youtube.com/watch?v=c9__aYyD9cA

[6] Halder D., & Jaishankar, K. (2014). Online Victimization of Andaman Jarawa Tribal Women: An Analysis of the Human SafariYouTube Videos (2012) and its Effects. British Journal of Criminology, 54(4), 673-688. (Impact factor 1.556). DOI: 10.1093/bjc/azu026.

[7] Section 13(2)(ii) in The Hindu Marriage Act, 1955 states

 “A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground………. that the husband has, since the solemnisation of the marriage, been guilty of rape, sodomy or bestiality”

[8] See for more in Md Ghiasuddin vs State of AP . reported in (1977) 3 SCC 287. Available at: http://www.indiankanoon.org/

doc/1850315/,

[9] See Halder, Debarati, Why Law Fails to Be Therapeutic in Spite of Therapeutic Judicial Efforts: A Critical Analysis of Indian Legal Education From the Therapeutic Jurisprudence Perspective (October 28, 2018). Unitedworld Law Journal, Vol 2, Issue: I, ISSN: 2457-0427, (2018) pp 173-182, Available at SSRN: https://ssrn.com/abstract=3274175

[10] Halder, D. (2019), Free Legal Aid for women and Therapeutic Jurisprudence: A critical examination of the Indian model. In Stobbs Nigel, Bartel Lorana & Vols.M (eds.), Methodology And Practice Of Therapeutic Jurisprudence Research. USA: Carolina Academy Press.

Gender and Internet : Web magazine for Cyber law for women News update for September 21- October 10th, 2020

Picture credit: Internet

Cricket players minor daughter gets rape threat over poor performance of the father.
https://www.dnaindia.com/analysis/column-ms-dhoni-s-daughter-gets-rape-threats-after-dream-11-ipl-2020-loss-rigorous-imprisonment-strict-punishment-the-only-way-to-curb-this-menace-2848806

Website designer held not liable for developing website meant for soliciting customers for prostitution because he was engaged in designing by contract.
https://www.livelaw.in/news-updates/karnataka-hc-quashes-criminal-case-against-website-designer-163581?fbclid=IwAR1hrk39pDDJW_KEb_eOGFA-InJHB81TGg6V2L0x-65jVhk5Emztyxl1eCY

Facebook moves Supreme Court of India to challenge Delhi Assembly’s jurisdiction to summon its officials : stand of the social media company becomes more strong to challenge the government orders
https://www.hindustantimes.com/india-news/facebook-moves-sc-challenging-delhi-assembly-s-jurisdiction-to-summon-its-officials/story-P8pGYAp3UDJCuqpL0bQtCP.html?fbclid=IwAR0pj_FieeLt71Tigj4onab2swcavM1Ty3SYF_4iZFUOljqDkyuqFp5wWfI

Recent international survey suggests online abuse of women and girls have not taken a back seat inspite of new legislations and increase in awareness campaigns.
https://www.theguardian.com/global-development/2020/oct/05/most-girls-and-young-women-have-experienced-abuse-online-report-finds?fbclid=IwAR0mD3fBK84AFvBGz-Ix64_vKw_m5TGq-hdBegaHn9GTqxOI_ZAb1oWmK8I

Key leader of notorious Dark overlord hacker gang, which used to extort money for confidential documents of private individuals as well as companies and targeted women and girls in this, gets extradited to US from UK, gets 5 year jail term and slapped with fine.
https://www.theregister.com/2020/09/22/british_dark_overlord_extortionist_jailed/?fbclid=IwAR35V1jSgJTcQqWte3fn1WCkrjElLkIErcHhJ6j5yGMpsxm9QsLVeI8hMdQ

Telegram groups being used for sharing instagram photos of women with vulgar derogatory comments and then to share these photos notorious dating apps for creating fake profiles.
https://www.edexlive.com/news/2020/oct/05/bois-locker-room-2-telegram-group-shares-pictures-of-women-from-instagram-and-objectifies-them-15031.html

Gender and Internet : Web magazine for Cyber law for women News update for August 16-August 24,2020

Image courtesy: Internet

Highcourt in Adamawa, Nigeria sentences woman for 10 years imprisonment for impersonating Senator .
https://dailypost.ng/2020/08/20/yola-court-jails-2-women-for-impersonation/

Phone of Australian actress gets hacked, her personal photos gets leaked over internet: victim files case under Australian revenge porn law which prescribes criminal penalty for upto 7 years of jail term.
https://www.dailymail.co.uk/tvshowbiz/article-8645783/Actress-Olympia-Valance-confirms-target-ongoing-revenge-porn-attack.html

Bengali women attacked on social media on account of Rhea Chakroborty’s alleged involvement in the case of Susahnt Singh Rajput’s unnatural death.
https://www.deccanherald.com/national/east-and-northeast/ssr-case-bengali-women-abused-on-social-media-commission-seeks-report-from-kolkata-police-874801.html

(Repost) Centre for Cyber Victim Counseling brings out detailed report on use and misuse of WhatsApp in rural and urban places in India (first posted on www.cybervictims.org)

Gender and Internet : Web magazine for Cyber law for women News update for July 26th-August 5th, 2020

Let peace prevail on Hiroshima Day: picture courtesy : Internet

Facebook data miner steals pictures of university students to provide the same to the porn sites for using the same as advertisement for sex workers. Students collectively join hands to approach the porn site and the images thus uploaded non consensually gets taken down in India
https://www.deccanherald.com/metrolife/metrolife-your-bond-with-bengaluru/porn-site-removes-city-students-pics-867735.html

Woman sentenced to 17 years of jail term for online sexual exploitation of children, attempt to trafficking of children online under under Republic Act (RA) 9208 as amended by RA 10364 (Expanded Anti-Trafficking in Persons Act), RA 7610 (Anti-Child Abuse Law), and RA 9775 (Anti-Child Pornography Act) in relation to RA 10175 (Cyber crime Prevention Act) in Philippines.
https://www.sunstar.com.ph/article/1865311/Cebu/Local-News/Woman-sentenced-to-17-years-for-online-sexual-exploitation-of-children

Turkey approves social media law that would demand web companies to post their officers in Turkey to address grievances of social media users including cyber crimes targeting women.
https://www.sunstar.com.ph/article/1865311/Cebu/Local-News/Woman-sentenced-to-17-years-for-online-sexual-exploitation-of-children

High Court of Kerala, India denies bail for woman activist who posted pictures of her nude body being painted by her children on social media profile on the ground of sexual gratification by using children.
https://www.indialegallive.com/top-news-of-the-day/news/kerala-high-court-dismissed-bail-application-of-ms-fatima-a-s-who-painted-body-of-her-two-minor-children-and-uploaded-video-on-social-media?fbclid=IwA

Bulgarian prime minister accused of conveying message suggesting threatening to burn woman member of Bulgarian Socialist party. The prime minister defended by stating that the same was n impersonating audio record.
https://www.theguardian.com/world/2020/jun/25/bulgarian-pm-boiko-borissov-could-be-investigated-over-audio-threat-to-burn-mep

Gender and Internet : Web magazine for Cyber law for women News update for June 1- June 30, 2020

Happy World Social Media Day from Gender & Internet : Web magazine for cyber law for women

Courtesy: Google

India bans 59 Chinese websites including TikTok , SheIn etc: government cites reasons of national security and privacy issues.
https://www.medianama.com/2020/06/223-tiktok-banned-india-59-chinese-apps/

Lacunae in Korean Communications Standards Commission, which prohibits “explicitly showing or describing specific sexual parts of the body such as male/female genitals, pubic hair or anus” allows more creation and circulation of porn contents including nude body parts of women over live-streams.
https://technology.inquirer.net/101544/freewheeling-sexual-content-the-dark-side-of-s-koreas-internet-broadcasting

Egyptian belly dancer arrested over charge of debauchery. offensive contents were found from the dancer’s TikTok profile which she alleged as unauthorisedly shared and stolen from her phone. Misdemeanors Economic Court stated that the accused had violated family principles and values in Egypt for committing immorality. Dancer decides to file an appeal.
https://www.deccanherald.com/international/world-trending/egypt-court-jails-belly-dancer-for-debauchery-in-social-media-crackdown-854656.html

Jordan police arrests man and his videographer friend who made video and shared it over social media inciting people to rape women who wear revealing clothes.
https://gulfnews.com/world/mena/jordan-two-men-arrested-for-inciting-others-to-rape-women-wearing-revealing-clothes-1.72005981

6 people in Massachusetts who had been former employees of EBay Inc company, have been charged with conspiring to commit cyber stalking and tamper with witnesses as they started threatening a couple, who runs a newsletter on e-commerce by sending anonymous emails, delivering stuffs like live cockroaches, bloody masks etc

https://o.canada.com/pmn/business-pmn/six-former-ebay-employees-charged-with-cyberstalking-massachusetts-couple/wcm/438f59af-0125-4ac8-8cf0-b1f98082ef26

Hyderabad man poses as friend to wife for sextortion and blackmailing in Andhra Pradesh, India, gets arrested on complaint from wife.
https://english.sakshi.com/news/telangana/hyderabad-man-arrested-extorting-rs-1-crore-wife-posing-friend-120389

Pakistan man who worked in a private clinic got arrested for secretly video taped child birthing and other related medical procedures and threatening the clinic owner to share the videos online when the owner terminated his services.
https://tribune.com.pk/story/2246467/clinic-worker-held-videotaping-patients

Thailand unemployed dance teacher arrested by police for possessing offensive images of children in his device.
https://www.chiangraitimes.com/thailand-national-news/teacher-arrested-for-possessing-offensive-images-of-children/

Gender and Internet : Web magazine for Cyber law for women News update for March 17-April 7, 2020

On behalf of Centre for Cyber Victim Counselling (www.cybervictims.org), we urge all our readers to stay safe and not to share any fake news. Also, please do not use online platforms to generate any harassing content, revenge porn materials, non consensual porn materials bullying, trolling contents etc to harass women and girls. Stay safe. Let others feel safe...

Dr.Debarati Halder

Social media and Whats App being used for spreading fake news and harassing information targeting women travelling from across the countries.
https://www.newindianexpress.com/states/tamil-nadu/2020/mar/25/stop-harassing-her-tn-woman-approached-hospital-on-her-own-didnt-resist-quarantine-says-friend-2121174.html

Amid Corona scare and lock-down, South Korea sees rising of online sexual abuse of women and girls especially through cases like Telegram NTH room
https://meaww.com/molka-scandal-telegram-nth-room-south-korea-needs-to-do-more-combat-sex-crimes-against-women-girls

Online meetings and classes through platforms like Zoom expose more harassment targeting women
https://www.nbcnews.com/tech/security/video-chats-familiar-forms-online-harassment-make-comeback-n1168806?fbclid=IwAR0rgYLYulrbz9LE9Q0BKnPw0Cxw3Wg7_n4Mpa3DeuaRptAa973Bp2_wbpY

With more usage of Zoom, private video sessions including sessions with therapists, family , friends etc and names and phone numbers get exposed.
https://www.washingtonpost.com/technology/2020/04/03/thousands-zoom-video-calls-left-exposed-open-web/?fbclid=IwAR1M3yRTYKqUuDJhP0rZLz_z8yDcwrZ5CgQN2yzlsgGA2awhPIEOF31CQlA&utm_campaign=wp_main&utm_medium=social&utm_source=facebook

Cyber security loopholes get exposed in all online platforms including web company giants like Google, Facebook etc.
https://www.politico.eu/article/privacy-agenda-threatened-in-wests-virus-fight/?fbclid=IwAR2BhQ8NHVZB1yNrob6UPRgGtsfOdQcrId1rRSRaoFXtRF8KLcpCAvvTAUQ

Gender and Internet : Web magazine for Cyber law for women News update for February 17-March 16, 2020

Case against man in Scotland who had alleged to have sent naked videos of himself and contents showcasing sexual acts performed by himself to woman, gets deserted, prosecution comes to an end without the facts being determined and he is allowed to walk free because witnesses for the prosecution failed to depose.
https://www.thesouthernreporter.co.uk/news/crime/case-deserted-against-hawick-51-year-old-accused-sending-woman-videos-himself-performing-sex-act-1887132

Bangalore court rejects bail petition of Nigerian man who had duped 44 women he met on marriage portal
https://timesofindia.indiatimes.com/city/bengaluru/bengaluru-nigerian-accused-of-cheating-44-women-denied-bail/articleshow/74296918.cms

Man joins Whatsapp group in India, post data mining, gets number of target female victim and allegedly continues to send sexually harassing contents in Hyderabad, India and gets arrested.
https://www.newindianexpress.com/cities/hyderabad/2020/feb/26/tamil-nadu-man-harasses-woman-in-hyderabad-held-2108542.html

US woman ends relationship with a Dubai based Egyptian, sends strong mail against the later’s online abuses including sending her pornographic images of himself, sexually explicit images and texts via messages : resultant, the woman is charged with slander as per the UAE laws and arrested.
https://www.independent.co.uk/news/world/middle-east/melissa-mcburnie-arrest-uae-strong-language-explicit-messages-us-national-a9367381.html?fbclid=IwAR3d5kgmNJWK0yGKVaL08O96JuO_RCM_xSkieZZxNgGnvFIz-E5tnFE9y9E

Pornhub, world’s biggest porn site fails several victims of rape, revenge porn and nonconsensual porn in its practice of due diligence. Activists and stakeholders point out that thousands of rape, sexual assault videos are consumed over this platform.
https://www.theguardian.com/global-development/2020/mar/09/worlds-biggest-porn-site-under-fire-over-videos-pornhub?CMP=share_btn_fb&fbclid=IwAR0llaaHI65m5K9zECr3XYAmRD_ZHzUFyM1YY8WOT6-gAs9JcFWwPlYxFyI

Dating apps are used by men to rob, sexually assault women in real life in the US
https://www.wusa9.com/article/news/local/maryland/masked-men-posing-as-women-on-dating-apps-to-assault-victims/65-32860767-6a58-4220-ad84-bbe8d42d934b

3 women get prison sentences and order for hefty payment for live streaming of child abuse in lieu of money from regional trial court in Lapu Lapu in Philippines.
https://cebudailynews.inquirer.net/289203/3-mothers-from-lapu-lapu-city-plead-guilty-to-online-trafficking-charges