The document discusses cyber sexual violence and understanding in India. It notes that as internet and technology usage has increased in India, so too has gender-based violence facilitated by technology. However, there are also significant gender divides in access to and use of technology. The document outlines different types of online harassment women experience, how the COVID-19 pandemic exacerbated the problem, perpetrators of cyber crimes against women, and existing legal provisions in India regarding cyber violence, while also identifying remaining gaps that need to be addressed.

1. By Jis Sabu
Cyber Sexual Violence and
Understanding

2. Introduction In India, study and advocacy circles are paying more attention to
gender-based violence that is aided by technology. The majority
of academics, practitioners, and researchers in the nation refer to
this type of GBV as cyberviolence, online harassment, or
cybercrime. Subject-matter specialists and gender-based
violence NGOs in India view technology-facilitated GBV as a
continuation of offline violence: inequalities that render women
and girls vulnerable to offline violence permeate the online
arena. The vulnerability of women and girls to online abuse
grows along with the online gender and socioeconomic
differences.While India has a number of programmes, laws, and
policies addressing different parts of the problem, there are
impediments to execution. In order to fully address the issue, it is
also necessary to understand experiences of gender-based
violence in India via an intersectional lens of class, caste,
gender, sexuality, religion, education, and technological access.

3. Prevalence &
Peropetation
In India, internet and social media usage has
grown along with the incidence of GBV that is
made possible by technology. 6,7 Online spaces
and the usage of information and communication
technology (ICT) have been influenced by the
patriarchal and conservative societal norms that
contribute to offline violence, maintaining online
GBV. The gender divide in internet and mobile
phone use in India—one of the greatest in South
Asia—contributes to its predominance. Only
approximately one-third of internet users are
women, compared to about 80% of males who
have access to mobile phones and less than 50%
of women who do. Who is touched by GBV that is
enabled by technology is also impacted by the
widening urban/rural divide in India.

4. Male Dominance in
Social Spaces
The internet is frequently intimidating for women
and girls due to male dominance in online spaces
and gendered cultural norms. Regardless of the
subject, the idea of women expressing their ideas
online threatens India's patriarchal social
framework and increases their vulnerability to
violence. Research reveals that female politicians,
campaigners for women's rights, and journalists
experience significantly more online abuse than
other women. This also encourages girls and
women to self-censor online. Women are more
likely than males to connect exclusively with
individuals they know, to use more private settings,
and to be more choosy about what they share
online. Despite this, these behaviours prevent
women from fully exercising their rights and
freedoms in online areas.

5. Methods of
Harassment
● Online sexual harassment,
● non-consensual distribution of intimate
photographs,
● harassing phone calls from unknown
numbers.

6. Situation Post
Pandemic
Due to the COVID-19 epidemic, technology-facilitated GBV
is becoming far more common. The prevalence of
technology-facilitated GBV increased noticeably as social
contacts increasingly took place online and women's
engagement in these interactions rose. This included novel
forms of violence like "Zoom bombing" or "Zoom flashing"
in online meetings and classes. Other types of violence,
such as "shock content," or films of violent acts against
women mixed with humour and shared on Instagram reels
and TikTok, have grown in popularity. Due to enhanced
surveillance of mobile phones during lockdowns, LGBTQI+
people were more likely to experience abuse from family
members, which could have negative repercussions.
Another group that saw an increase in violence during the
epidemic was female sex workers (FSWs).
In India, more FSWs are choosing to work from home or on
the go, which exposes them to more aggression from
clients who may screenshot their work for the purpose of
blackmail or the unintentional release of intimate
photographs.

7. Types of Cyber
Crimes
● Harassment via email- Threatening or humiliating women
by sending her abusive emails.
● Cyber Stalking - This crime involves the use of the
internet to harass someone especially women. It also
includes false allegations, intimidations, cyber bullying
etc.
● Cyber Pornography - Women and children are victims of
sexual exploitation through internet.
● Hacking- A hacker is an unapproved user who tries to or
gains access to any system. As hackers attack the
privacy of data it is alleged to be a punishable offence.
● Cyber Defamation - Cyber defamation is
publishing/dissemination of defamatory material against
another person with the help of computers or the internet.
● Morphing- Using image processing tools to modify
pictures of women to defame her.
● Email Spoofing – Creation of email messages with a
forged sender address.
● Cyber Bullying- is the use of the internet to harm or
harass women in an intended, repetitive and threatening
manner.
● Cyber Sexual Defamation- Publishing lewd material to
insult someone on the internet

8. Perpetrators
● Intimate Partner
● Strangers
● Neighbour
● Colleague
● Boss
● Any Other

9. Legal Provisions
against Cyber
violence against
women
Legal provision under Section 67 publishing or transmitting
offensive material through electronic form. The earlier
section in ITA was later extended as per ITAA 2008 in
which child pornography and retention of records by
intermediaries were all included.
• Section 66A: Sending invasive messages through
communication service, causing bother etc., through an
electronic communication or sending an email to mislead or
betray the receiver about the origin of such messages
(commonly known as IP or email spoofing) are all covered
here. Punishment for these acts is imprisonment up to
three years or fine.
• Section 66B: Fraudulently receiving stolen computer
resource or communication device with penalty up to three
years jail or one lakh rupees as fine or both.
• Section 66D: Dishonest by person on using computer
source or a communication device shall be punished with
custody of either description for a term which extends to
three years and shall also be accountable to find which may
extend to one lakh rupee.

10. Legal Provisions
against Cyber
violence against
women
Section 66E: Privacy violation – Dissemination or transmitting
private area of any person without his or her permission etc.
Punishment is three years imprisonment or two lakh rupees fine
or both. Explanation - For the purposes of this section-
(a) "Transmit" means to electronically send a visual image with
the intent that it be viewed by a person or persons;
(b) "Capture", with respect to an image, means to videotape,
photograph, film or record by any means;
(c) "Private area" means the naked or undergarment clad
genitals, pubic area, buttocks or female breast;
(d) "Publishes" means reproduction in the printed or electronic
form and making it available for public; e) "under circumstances
violating privacy" means circumstances in which a person can
have a reasonable expectation that;-
(i) He or she could disrobe in privacy, without being concerned
that an image of his private area was being captured; or
(ii) Any part of his or her private area would not be visible to the
public, regardless of whether that person is in a public or private
place

11. Legal Provisions
against Cyber
violence against
women
Section 354A of the IPC says
(1) “A man committing any of the following acts—
(i) Physical contact and advances involving unwelcome and
explicit sexual overtures; or,
(ii) A demand or request for sexual favors; or,
(iii) Showing pornography against the will of a woman; or
(iv) Making sexually colored remarks, racial comments,
body shamed comments, etc. shall be guilty of the offence
of sexual harassment.
(2) Any man who commits the offence specified in clause (i)
or clause (ii) or clause (iii) of sub-section (1) shall be
punished with rigorous imprisonment for a term which may
extend to three years, or with fine, or with both.

12. Gaps which needs
to be addressed
● Improve digital literacy and security
● Improve content moderation and
response in collaboration with technology
companies:
● Strengthen laws and build capacities of
law enforcement
● Increase survivor-centric resources and
support
● Develop a survivor-centered approach to
legal recourse
● Address social and cultural norms that
perpetuate violence:

13. Thank You