The police and S.66A again......

CYBER CRIME AGAINST WOMEN BY DEBARATI HALDER

It is time for politicians and their civilian aides to brush up the war of words again; the general election knocks at the door and everyone is up to exercise the Rights that actually pillar the core philosophy of democracy. In this course, many Right to free speech chilling laws get tested and the independence of the judiciary is proved again and again. The time has come back with yet another law, S.66A of the Information Technology Act, 2000(amended in 2008), which restricts sending offending messages through communication devices in India. This time it is a woman lawyer and human rights activist who is caught in the web world for her exercise of free speech rights under S.66A. While The Hindu reported that the accused activist had been sent a legal notice by the complainant and she had also replied to it, I could not ascertain from the news reports whether this accused was given any further chance to prove herself not guilty, as she was reportedly arrested on a police complaint on the same ground by the complainant and sent to judicial custody (See S.Murali, FB posting on T.N.  Governor lands PUCL activist in custody (May14, 2013). Published in The Hindu, pg 1). It is unfortunate to note that this is the same provision which  has been used to arrest the person who had used apparently ‘offensive’, ‘derogatory’ remarks about politicians; the first reported case being  that of a Professor in Kolkata for allegedly distributing cartoons ridiculing  West Bengal chief minister, the second being the case of Palghar girls Facebook case, the third being the case of arrest of  two  Air India employees for their alleged derogatory posts about politicians including the Prime minister of India, the fourth being the case of Twitter posts by a Pondicherry based individual commenting about politician and union minister P. Chidambaram’s son ( see for chronology India's dilemma continues as highlighted by Subhajit Basu. http://works.bepress.com/subhajitbasu/76/) . Supporters of Free speech demanded the amendment of S.66A due to such thought less misuse of the provision. But at the same time, it has also been understood that the law has some potentials to restrict offensive, unwanted, derogatory speech when it comes harassment of true victims, especially women. I am one of the supporters of S.66A due to it’s this very quality. But consider the statement of the Twitter post accused Ravi, who argued “they could have sent me lawyer’s notice or investigated the complaint before taking action” (see PrasadKrishna, Post and be Damned (Nov 19, 2012), published in http://cis-india.org/news/telegraphindia-opinion-story-kavitha-shanmugham-nov-14-2012-post-and-be-damned). This statement holds the key to quiz the action of the complainants who drove the police to take action in all these cases. S. 66A in its starting phrase in clause (b) puts a water-mark caution by stating that “any information which he knows to be false, but for the purpose of causing....”; the provision thus clearly shifts the burden of proof on the person who posts the information and by this the ‘sender’ becomes protected by due process of law. Time and again, this important factor in the apparently controversial S.66A has been over looked by those who wished to use the State to gag the right to free speech without following proper process established by legal rules. Unfortunately, such persons had been successful due to their heavily influential positions and less aware police force. This has been proved in the Palghar Facebook case (see http://articles.timesofindia.indiatimes.com/2012-11-19/india/35204312_1_arrest-state-bandh-prithviraj-chavanhttp://articles.timesofindia.indiatimes.com/2012-11-19/india/35204312_1_arrest-state-bandh-prithviraj-chavan).

It is ironical to note the common man’s observation in this regard; in the comment section of the NDTV news website(see http://www.ndtv.com/article/south/woman-human-rights-officer-arrested-for-posting-objectionable-content-on-facebook-account-366280?pfrom=home-lateststories) where this report is published, many persons have expressed their anguish over how the police and the law are up to help the politicians and not the ordinary civilians who may become victims of harassing, abusive, defamatory posts. True!  Such quick reaction from the police is still a distant dream for many victims, majority of who are women. It is further ironical to note that while instantly the posts in the above cases are taken down or the concerned social media are contacted to take down the offensive information, many women victims in actual on-line defamatory cases continue to languish due to slow process of investigation. It needs to be remembered that Police should be used as a machinery to prevent imminent danger to really needy victims and not as a tool to stop the due process of laws by those who can afford to roll it. Understandably costs of hiring a lawyer and sending notice to the alleged harasser may not be affordable for many women who may be financially dependent  on the male members of the family ( I observed this in my presentation in Sweden Criminology Symposium in 2012. The excerpts of my findings are compiled by Johanna Hagstedt, in “Risk behaviours increase exposure to cyber crime” (October 5, 2012) Available @ http://www.criminologysymposium.com/symposium/event-information/2012/archive/news/2012-10-05-risk-behaviours-increase-exposure-to-cyber-crime.html). This makes the police the last hope for the victims. Let us hope that the supremacy of the fair process of laws is established again and the society understands the actual role of the police.

Please Note: Do not violate copyright of this blog. If you would like to use informations provided in this blog for your own assignment/write-up/project/blog/article, please cite it as “Halder D. (2013), “The police and S.66A again......” 14^th May, 2013, published in http://debaraticyberspace.blogspot.com/ 

No relief for women from stalking and morphing

CYBER CRIME AGAINST WOMEN BY DEBARATI HALDER

Not very long ago, India happily rejoiced the birth of first ever cyber stalking law and anti- voyeurism which was finally re framed to look after only women. The law is a part of anti-sexual crimes provisions that were introduced through Verma Committee report after the brutal gang rape in Delhi last December. But could law really help to stop atrocities against women especially when the harassment is carried out through digital media?  Women victims often compliant of mobile phone harassment. This includes repeated calls, SMSs, blank calls, threatening calls and even sending lewd MMSs. Women celebs are the worst targeted victims. Trolls, fans, men claiming to be exs.....the list is exhausting, but ask the women celebs and they will positively agree that people belonging to these categories do disturb them not only through various social networking sites, but also via mobile phones. Some daring women did face it bravely. The recent one in the list is Mona of jassi jaisi koi nahi who refused to take the MMS leak incidence lightly. Hopefully the perpetrator would be nabbed and the link would be deactivated soon. But it did have a damaging effect already. She is portrayed the way which she is not actually. Mona represents those women who are regularly targeted for defamation in the wider platform called World Wide Web. I researched on this and found out that in India, this is the easiest way to stop a prospective marriage alliance or a job portfolio for a woman ( I had presented paper on this in Sweden Criminology Symposium in 2012. The excerpts of my findings are compiled by  Johanna Hagstedt, in “ Risk behaviours increase exposure to cyber crime” (October 5, 2012) Available @ http://www.criminologysymposium.com/symposium/event-information/2012/archive/news/2012-10-05-risk-behaviours-increase-exposure-to-cyber-crime.html).  Unfortunately not many women prefer to be as brave as Mona and her predecessors for reporting the crime. The reason is largely fear of exposure of privacy. We do get to see so many news reports about rape and acid attack. Defamation through this channel is no less severe. No woman wants to be a virtual prostitute who would be ‘enjoyed’ by millions. It can turn women victim suicidal too; the recent example is the suicide of Rehtah Parsons of Nova Scotia.

          But dont think that this is the only form of victimisation that haunts the women the most. Bangalore Mirror on April 8, 2013 carried out a brief news which spoke about stalking of Jaya Bachchan, the effervescent actor of yesteryears and present day Rajya Sabha MP . The report claimed that Mrs. Bachchan received continuous calls from a Dubai based number. The man claimed to be an ardent fan of Mrs. Bachchan. Now note that this news came up after the much fussed about “anti-rape Bill” (which also included anti-stalking law) was introduced in India and the police and criminal justice machinery was promising to take strict action if the crime falls under any of the categories that this new provision recognises.  The report however claimed that Jaya Bachchan probably could not get instant justice as the investigation revealed that the call was made from out of India and the local police could not offer much help(Bangalore Mirror, 8th April). Jaya Bachchan again represents that sect of women victims who are turned down by the local police due to poor infrastructure and lack of understanding.  The police need not have looked at the new provision which still awaits to be functional; but we do have S.66A of the Information Technology Act, which many eminent lawyers  pointed out, has a potential to be used as an anti –stalking law and which has extra-territorial effect by virtue of the I.T. Act provisions.  In some of my media interviews I did support the existence of S.66A especially for causes of women .I still support it. But it  is being misused for wrong reasons.  Look at the irony; no one understood the value of a good law which has been misused and now termed as “draconian law”.However, I hope by now the case is solved and justice has been done.

Indeed, women need patience for better understanding of the whole scenario by police and criminal justice machinery. But the waiting time is painful, disgraceful and dangerous. Let us hope that the waiting period gets over soon. My salute to you brave women who had endured such humiliation but still carrying on with life.

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. (2013), “No relief for women from stalking and morphing” 15^th April ,2013, published in http://debaraticyberspace.blogspot.com/

A new era with the Criminal Law Ordinance Bill, 2013? Can women really claim to be safe?

CYBER CRIME AGAINST WOMEN BY DEBARATI HALDER

Since the news of cabinet nod for the criminal law amendment ordinance Bill, 2013 has been aired by media channels this afternoon, so many of us women have started feeling “secured”. We can now expect to have a formal law which not only addresses stringent punishment for rape, but also finally recognised several crimes like stalking, voyeurism, acid attack etc. The list does not end here; as I mentioned in my invited presentation in the national women’s day seminar at Rajiv Gandhi Institute of Youth Development on 8^th March, this law would also recognise an ancient crime against women, namely ‘publicly disrobing a woman’. I wonder why this took such a long time to be recognised as a serious crime when the first “reported” victim was none other than Draupadi, the Pandava queen in the mythological epic the Mahabharat. Late but still, we got the law, which in future can expect more research. Right now, many news channels are running live shows on debates over the consent-age for sex. The new law would lower the age of consent for sex to 16. While some are unhappy, some are strongly advising for starting sex-education in schools.

          Analytically, the issues that are addressed in the criminal law ordinance Bill, 2013 are all interwoven. Rape, stalking, acid-attack, disrobing, voyeurism, sexual assault are some of the main issues which come in the first category of crimes that can be done to women other than regular crimes that can be covered under the category of domestic violence. What interests me is, the first category of crimes may directly get connected with a larger ambit of crime, namely cyber crime against women. In my research, as well as in my experience as a counsellor for cyber crime victims I have time and again realised this.  In my invited lecture, I had put a question as to whether this Verma committee report generated criminal law ordinance bill would be a “false promise or a true empowerment of women”? The reasons for my assumption are many folded; a new law can not necessarily stop crimes all together immediately. Given with this, the attitude of the society towards women will neither change within the minute the Bill gets green signal from the cabinet. What ails me more is the lowering of the age of the consent for sex. Provision on voyeurism carries a strong   prohibitory message against any wrong of such nature even if the girl had consented for sex or capturing images of private parts. But did anyone think of women and girls from semi –urban and rural Indian societies? How many schools and colleges run sex education in these places? How many parents would be interested to let their children learn the basics of sexual behaviours from trained counsellors?  As some of the activists were making their points, I support their view on the ground that this might in the other way encourage child marriages. This might also increase the contribution rate to child –pornography industry. Numerous interviews from college students aired by the news channels established one fact: underage individuals including matured teens, young teens and young adult boys and girls do visit porn-sites to satisfy their inquisitiveness to know more about the “forbidden” words ‘SEX’. Undoubtedly, this whole process may include several cases of breach of privacy for women including stalking, voyeurism, disrobing etc, which may perpetually remain out of the boundary of  the existing  as well new laws due to the ‘now on-now off’ nature of the internet technology.

Coming to the basic realities, I wonder how many police officers, lawyers and judges would go ahead with victim’s plea for booking the offences under stalking, voyeurism etc, when many police stations in non-metro cities are not even aware what these terms may mean and (even if they know) how to deal with it. Not to be forgotten that Indian Penal Code is not an independent provision when it comes to these crimes. It needs strong supports of equally focussed Criminal procedure code, Indian Evidence Act and off course the Information Technology Act. Nonetheless, some provisions of these legal codes are sceptical enough to provide good justice to women victims of cyber crimes. I enjoyed some of the interviews of ordinary civil society members, who forced that the education must begin at home for boys and girls. Time and again the need for such awareness creation is felt by people at large. I mentioned in the last segment of my presentation in the Rajiv Gandhi Institute of Youth Development that such sorts of awareness camps must be made necessary for  all sects of the society right from the grass roots level civil society member till the  civil servants including the police, the members of judiciary including lawyers. It is only then that people can exchange their problems and find general solutions. Let us hope ......let us work together.

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. (2013), “A new era with the Criminal Law Ordinance Bill, 2013? Can women really claim to be safe?”15^th March, 2013, published in http://debaraticyberspace.blogspot.com/