CYBER CRIME AGAINST WOMEN BY DEBARATI HALDER
By the middle of this week, we the curious watchers of legal
battle between Google and 20 more websites and the Indian courts got a “nice”
surprise ...not from the Google, or from Facebook or even from the rest of those
websites, neither from the courts and legal fraternity; but from three
ministers in Karnataka state, which is known to have India’s first and most
famous cyber crime police cell. When the assembly was being stormed by some
very important debate, one of these ministers allegedly was looking at a clipping which involved sex,
abuse of woman, violence and probably violation of internet decency codes. The
news reports suggested that it was the minister for cooperation who had the mobile
phone device placed between his lap and the desk and started watching the
clipping. He then started “flipping pictures of women” . The other two
ministers joined him out of curiosity (see http://www.thehindu.com/news/states/karnataka/article2869723.ece).
Who were the other two ministers? One was in charge of ecology, environment and
ports; the other was none other than the minister in charge of women and child
welfare. The ministers were immediately indicted and later they had voluntarily
resigned from their posts. Even though they argued that they were seeing the
clipping of a gang-rape incidence that was sent to the mobile phone device,
their argument needs to be proved. But the issue that really moved me was, probably
no human being can resist himself from viewing sex-related video images...but
seeing these stuff in the assembly? No way... quite a long ago Bombay High
court refused to provide a blanket ban on porn materials in the internet. I had
even discussed about it in my earlier blogs. The high court rightly held that
law cannot stop a person’s sexual rights (including right to be aroused by viewing
such materials), if these materials are gained in the legal way and seen in
private.
Such materials could be gained in the legal
way as per the Indian laws, if they do
not violate sections 66E, 67, 67A and B of the information Technology Act, 2008
specifically which prohibit voyeurism
and publishing and transmitting of obscene, sexually explicit materials to
anyone including children; and off course sections 292, 293 of the Indian penal code,
which prohibits sale of obscene books etc to anyone including children, 375,
which discusses about rape, and 509 of
the I.P.C,which is a popular provision used by the police for indicting the perpetrator for creating nasty profiles
in the social networking sites. Well, these are just a few provisions which prevent
sexual exploitation, rather “slavery” of women and children, and also men
(leaving aside provisions for rape and 509) online. But the law does not roll
up its sleeve here. There are many other provisions which could be brought in
to prevent the “world wide web” to transmit the humiliation. All were glaringly
violated on this very day. First, the ministers saw the sex-clippings violating
the core decorum of the assembly; second, if these were the pictures of gang
rape incidence that were transmitted to them by someone else, as alleged by
them, they did not immediately made a note to the assembly, which they should
have, especially since the minister for women and child development was also involved;
third, the clipping itself being shrouded in controversy, they may have also violated
the legal provisions meant for internet sex-offences as I mentioned above. The ultimate
result... a real gang rape of laws meant to prevent sexual exploitation of
women online.
It is hoped that very soon the incidence
will be probed and the real story behind the hush-hash viewing of the clippings
by the ministers will be revealed; probably they will positively testify their
own argument. But the underlying fact remains the same..... Audio-visual clips of
naked or semi nude women writhing in pain gained from sexual intercourse, transmitted through digital technology to millions,
are the best entertaining materials even in a busy and important
commitment like making ,breaking or deciding the fate of the laws in the
parliament................. Shame......
** The
author does not intend to hurt anybody’s political sentiments. This is an
independent view of the author and the author has expressed her views in her
own right towards exercising freedom of speech. If anybody feels hurt, the
author apologises in advance.
Please Note:
Do not violate copyright of this blog. If you would like to use informations
provided in this blog for your own assignment/writeup/project/blog/article,
please cite it as “Halder D. (2012), ““Gang raped” in the assembly”, 10th February,2012,
published in http://debaraticyberspace.blogspot.com/
