Security of women in whose hands?

CYBER CRIME AGAINST WOMEN BY DR.DEBARATI HALDER,PH.D.

It was an anxious moment for almost every citizen in the country who was waiting to see what awaits the rapists of Nirbhaya, the Delhi gang rape victim. Right on the eve of the judgement day however, I came across another news which led me to think more than I was expected to think on the gang rape verdict: the electronic personal safety device (Epsd) which is on its way specially to protect women in distress ( See http://www.thehindu.com/news/national/watchlike-device-to-alert-kin-of-women-in-distress/article5107722.ece) . I would have forgotten the information as‘regular news’ which kindles our mind only for a minute or two had I not been  called for an interview by PuthiyaThalaimurai, a Tamil News channel, on the judgement day. The breaking news that this TV channel was airing after 2 in the afternoon obviously braced the issue of the verdict, especially the death penalty and people’s emotions related to it. I was asked about my opinion as an advocate, a woman advocate rather. The reporter, while giving his details and interviewing me, told about the 12 year old school girl in Tuticorin, who was brutally raped and then killed by the rapist almost within a week after the Delhi gang rape case happened. While I was giving my views as to what sentence can be expected in this particular rape case, I started realising how far the society has become blood thirsty for rapists. As a woman and a mother of a girl, even I myself would have wanted any one who sexually abuses or assaults another woman or a minor girl, to go through similar or even more physical pain and mental trauma that he would have caused to his victim. However, as an advocate and a legal researcher, I need to be more rational.

But an ‘EPSD’ for protecting women from sexual abusers?

 After going through hoards of news reports about the Delhi verdict and knowing how brutally the little girl in Tuticorin was killed, I could not stop thinking the ‘watch like device’ as similar to geolocator loggers or collars used for tracking migratory birds or wild animals and the women who would be wearing it, as experimental guinea pigs trapped and tracked for no fault of theirs.

I have some points to think it as anti feminist:

i.Even though the operation of it would be manual, i.e, the woman can switch on the device only when she needs to alert her people, what happens when the it gets accidentally ( or even intentionally) switched on by the  harasser if he wishes to show the harassment, disrobing or even rape of the victim to the select audience through even smarter technology ?

ii. Given the fact that laws in India are still confused about tracking a non-criminal person by private individuals including the parents, husbands or other immediate family members, would the privacy-infringement laws be amended again to include this exception? In that case, we need to be ready for the misuse of the law also.

iii. Nonetheless, our Indian society is changing. Won’t this device present another debatable issue similar to dress-code or gagging the right to use mobile phones or internet for women ( I discussed about this in one of my earlier blogs @ http://debaraticyberspace.blogspot.in/2012/12/gagging-right-to-digital-communication.html) ?

Well, I am not the only one who is thinking in these lines. Some of the comment –contributors of the news report on the device did express similar concern.

But I must say, the device is a safety device and apparently women would be given freedom to use it or not to use it since The Constitution of India has given equal rights to women to live their own lives. Saying this, I can neither ignore the benefits of the device. Tracking of criminals through GPS system is introduced to Indian police system quite a long ago. Almost all the police head quarters and police stations including stations situated in interior parts of India are expected to stay connected to track the criminal through this; and this device can be an extended mobile version of criminal tracking system, which would be carried by women. It can be expected that in future everyone, irrespective of their gender can use it for alerting the police about the crime and the criminal.

But still then, I can’t stop thinking: has our society gone so low that it has to tie the crime detector on women (my angry soul  can’t stop myself from giving the name to our gender in great dismay ‘the sex-thing’)?

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), “Security of women in whose hands”, 15^thSeptember,2013, published in http://debaraticyberspace.blogspot.com/

Protect your image, not the image destroyer

CYBER CRIME AGAINST WOMEN BY DEBARATI HALDER

Very recently I came across the news of a victim of domestic violence who had been badly physically abused. All attempts to hide the bruises in her face were failed. She was in pain for several days before she could actually gather herself up to join the daily chores of life by her sheer will power. When some of us, her well wishers advised her to report the matter to the police immediately, she retreated. Her sole concern was to protect the family. The case seems similar to many of the domestic violence cases in India as well as in many parts of south Asia where the victim refuses to see the police in fear of losing the faith in her ‘dear ones’. The story is no different for on line abuses. Many women are constantly abused on-line by their own family members, especially doubtful husbands, or someone in whom they once had deep trust, like the ex boyfriends or the ex husbands.  In the digital space, it is extremely easy to spoil the image of the woman. Show her actual picture with dirty tag-line, morph her picture to affix her face on nude bodies, show the pictures of vagina and emboss her name on it, rape her virtually by affixing human hands on the picture of her body parts, especially breasts and lower abdomen and allure others to do the same....... these are some of the examples of abusing the image of a woman which had been discussed by many feminist researchers in their write ups including me in my paper titled “Examining the scope of Indecent Representation of Women (Prevention) Act, 1986 in the light of cyber victimisation of women in India (See Halder Debarati, Examining the Scope of Indecent Representation of Women (Prevention) Act, 1986 in the Light of CyberVictimization of Women in India (May 25, 2013). National Law School Journal,Vol. 11, 2013, pp. 188-218 . Available at SSRN: http://ssrn.com/abstract=2270061). But no wonder, majority of the victims feel extremely embarrassed to visit the police. Why? The case of this particular victim of domestic abuse made me realise the truth again; the woman has to live in the society where her relatives including her father, brother or even husband or even her women folk are also staying. They may never like to be tagged as the relative of a victim of on-line abuse, especially when many still believe that on-line abuses such as these mostly occur due to the victim’s own (mis)deeds. Many victims retreat from reporting the crime in fear for loss of job and loss of reputation not for them, but for the family members including the husband in case he is the abuser himself. Some even fear for loss of reputation of the girls in the family in the marriage market. In some cases, the fear is not baseless especially when the police starts tracing the crime and haunts the offices or workplaces of the accused, who may be directly related to the victim or her family. Also, the police have almost set a trend to tag such crimes as either pornographic crimes, or obscene or sexually harassing crimes... all of which may  bring shame to the victim when she is asked about it in the typical questioning pattern set for physical crimes falling under the broad title of sexual crimes. Thanks to the confused laws, less interest of legal drafts men ,the police authorities and the criminal justice machinery in reviewing recent academic researches on the new developments of  international as well as national laws, the young and enthusiastic police  officers (who are rare in number) never get any chance to book the offences as per their own judgements and the crimes continue to add to the categories of traditionally laid down definitions, giving less chances to examine their  true characters. But unlike the physical cases of image destroying of the victim by hitting her and bruising her face, cutting her skin and flesh and permanently damaging her looks, where the accused could be arrested or the victim could be separated from the accused, in cases of on-line crimes of image destruction, the accused may remain hidden or may carry on further damages while the police carry on further investigation. This is extremely frustrating for the victim. Then comes the juggling of the jurisdiction in cases where the accused reside outside the jurisdiction of the local police. While the Criminal Procedure Code clearly empowers the police to carry on the investigation in such cases, red tapism never leaves. A married woman never wants to lose her time in such tangle especially when she has to look after her children, her job and her family. Resultant, either she herself leaves the battle ground with deep frustration which may even lead her to commit suicide, or may take up some illegal ways to remove the image quickly. The actual image destroyer enjoys his misdeeds with no repent.

But time has come when women, especially married women must take time to save their own physical images rather than saving the image destroyer. Let us hope that the courageous women may face the situation more bravely to save themselves.

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), “Protect your image, not the image destroyer”, 3^rd September,2013, published in http://debaraticyberspace.blogspot.com/

An Impressive Independence Day news

CYBER CRIME AGAINST WOMEN BY DEBARATI HALDER

While the whole nation celebrated the  independence day today amidst various positive ways I found an extremely encouraging information which I intended to share with my blog readers, especially women. The Hon’ble Principle Sessions Judge of Chennai has finally  denied bail petition for an offender who dared to create a fake profile in the Facebook. No, it was not a case of typical victimisation of women through creation of fake profiles; but  it is the other way round: this youth acted as an actor in the Facebook. He impersonated the actor by taking up his screen name “Shantnu Khan” with a slight modification by adding an ‘a’ after‘t’ in the name. When the unreal Shant(a)nu Khan contacted the fans and acquaintances through the fake profile, little did any one notice about the spelling mistake.  When he finally won the confidence of his targets he posed as an actor in distress who needed monetary help to redefine his life; something typical that we get to see in Nigerian phishing cases through emails. By his appealing presence in the Facebook, he could finally gain a little fortune.(See http://www.thehindu.com/todays-paper/tp-national/tp-tamilnadu/youth-denied-bail-in-fake-facebook-account-case/article5024422.ece). He was arrested by the central crime branch of the police in Chennai who mainly applied S.420 of the Indian penal code which prescribes punishment for cheating and S.66 of the Information technology Act, which prescribes punishment for computer related offences which are referred in S.43 of the information technology Act. The words that are highlighted by both these provisions of the information technology Act while emphasising upon offences are ‘fraudulently’ and ‘dishonestly’. This made up actor duped some for unethical gain through these two ways and he was rightly booked under these provisions. Now note that while S.66 of the Information technology Act is a bailable offence, S.420 of the Indian penal code is a non-bailable and cognizable offence. Interestingly many times crimes booked under both these provisions may be similar in nature, but due to the drafting the laws, the traditional law prescribes stricter punishment than the new law meant for cyber crimes. But this is not a new type of  case. If the readers (especially from the Chennai region) can remember the Chennai Romeo case ( See http://newindianexpress.com/cities/chennai/article543074.ece) , the similarities in the pattern of trapping the victims can be found. But in this case, the youth is intelligent enough to do a better homework. The Hon’ble judge has taken right decision in denying the bail. He actually created a good example to show how crime reporting by victims can influence the reporting agency, i.e, the police; and how proper application of the best provisions of laws can finally help the judge to decide the fate of the case.

 I have seen that many cases of victimisation of women through creation of fake profiles die premature deaths with the victim unwilling to report. Nonetheless, few cases targeting the reputation of women take a turn such as this one where S.420 of the IPC can be applied straightaway. But at the same time, it would neither be correct to say that provisions meant to safeguard online reputation including that of women are worthless laws. Needless to say, women victims can make a huge change in sentencing in such cases if they clearly narrate the whole victimisation and the police cooperate accordingly.  Belief in criminal justice system as well as awareness of the police and the victim are key elements to prevent crimes and this is no exception in cases of cyber victimisation of women. Let this 15^th August reinstate the courage in women.

Happy Independence Day!

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), “An Impressive Independence Day news”, 15^th August,2013, published in http://debaraticyberspace.blogspot.com/

In the name of “surveillance”

CYBER CRIME AGAINST WOMEN BY DEBARATI HALDER

The past week had been extremely disturbing week for couple of issues: the controversial death of the Dalit boy Ilavarasan and then the Delhi Metro intimacy tape. For those, who do not know about the first case, Illavarasan a Dalit boy, loved and married Divya, who belonged to another Hindu sub-caste. The love marriage did not end happily. It created caste based tension and Divya decided to return to her mother to end the ongoing tension which started harming other people as well. The case took a critical twist with Illavarasan’s controversial death in the beginning of this July.   While this is a knee jerking example of united we try to stand but caste makes us apart, there was one more disturbing factor that was noted by the High court when the autopsy results were scrutinised. As this report suggests, the autopsy of the body of the youth was seen by many outsiders and there are possibilities that the whole process was recorded in private cell phone devices ( See Staff reporter (July 10, 2013), Experts find defects in process, published in The Hindu. URL: http://www.thehindu.com/news/national/tamil-nadu/experts-find-defects-in-process/article4898841.ece). The report also clarified that the experts observed that this recording was done by some police constables. Shocking!  If this report is true then one can understand how much possibilities are there for these clippings to become viral in the net if not checked right now. No law permits private recording of autopsy unless such act is specially permitted for further court cases or research work. Also if this becomes viral, there is every chance that there could be wide range of violence.

I derive at this conclusion that such clipping captured by the internal mechanism system can become viral from the observation of the second case, i.e, the Delhi Metro sex tape case . 

On July 9 almost all the leading newspapers reported that  CCTV footage of couple’s intimacy in Delhi metro stations have reached the porn sites and the cyber crime cell is roped in to probe the matter( See PTI, July9, 2013, Probe ordered after CCTV footage of couples petting in Delhi metro lands in porn sites. URL: http://timesofindia.indiatimes.com/city/delhi/Probe-ordered-after-CCTV-footage-of-couples-getting-intimate-at-metro-stations-lands-on-porn-sites/articleshow). CCTV footage of protected areas  in porn sites ? Another knee jerking reality that internal system has been unauthorisedly accessed to separate such ‘private moments’ from other regular scenes in the metro stations. It is indeed true that metro stations may have areas which are not illuminated properly and CCTV is essential to check any unsocial activities that may occur in public places including such darker places.  But look at the other side of protective technical system which must have been mishandled by some one who intentionally monitored the footage to take out only these clippings. Government surveillance system has now brought huge embarrassment for these young couples. More so, it would obviously be the woman who would be focussed more than the man in the porn sites.  there are now huge debates going around questioning the behaviour of the young people in public places, government surveillance mechanisms and the law’s double edged effects.  CCTV surveillance has helped to detect many crimes, but this would be one of the finest examples as how the mechanism can be affected internally to defy the surveillance law’s meaningful purposes. Further, I must tell that the victims are lucky as the footage is now under investigation after the Delhi metro rail corporation immediately stepped in for damage control. But imagine the fate of other victims who find their awkward pictures/clippings in porn sites due to intentional mishandling of the data received from internal surveillance mechanism in public places including hotels, shops etc, and have to run from pillar to post to get justice. I was extremely shocked to find that many city police websites do not give proper contact details of cyber crime cells where the victim can physically go and report the problem. Emails and phone numbers given there are mostly non-operative and the victim often gets no response.

Time has come that the officials must be saviours and not another element to escalate the crime.

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), “In the name of “surveillance””, 11^th July,2013, published in http://debaraticyberspace.blogspot.com/

Banning the websites for shunning porn

CYBER CRIME AGAINST WOMEN BY DEBARATI HALDER

It comes no surprise to me when I read the news about Department of Telecommunication’s order to put a blanket ban on 39 websites which are used to create or distribute porn materials (See http://timesofindia.indiatimes.com/tech/tech-news/internet/Govt-goes-after-porn-makes-ISPs-ban-sites/articleshow/20769326.cms) . This was rather expected after so much hype through public interest litigations, discussions and debates over the issue of websites catering the need for porn. One more issue which motivated me to presume this was the introduction of criminal law amendment act, 2013 which has brought in not only anti-stalking regulation (solely for women) but also anti-voyeurism legislation. The age of consent issue for rape raised lot of debates which further put this ‘old wine in new bottle’ legislation in boiling debates............As can be guessed, this was more than expected.

But do I really support this blanket ban? Perhaps yes. The news that I got to read exhibits a line which is as follows “.............blanket ban on websites that allow users to share pornographic content”. While supporting the ban I am looking not at the issue of banning of websites, but at the issue of preventing the users. This ban, if stands the future debates and waves of legal criticisms, can actually prove positively historic. It would actually prevent victimisation of women in the long run in the World Wide Web by some vindictive users. In my latest publication titled “Examining the scope of Indecent Representation of Women (Prevention) Act, 1986 in the light of cyber victimisation of women in India” published in National Law School Journal (2013) 11NLSJ , pgs 188-218 ( the paper can be accessed @ http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2270061) I have elaborately discussed about such vindictive usage of websites by individuals. Such users would be automatically prevented from uploading offensive contents in these websites.  This would further resolve the issue of victim-website (non)cooperation issues in such matters. Indeed, this is a boon for so many women victims who had lost hope for any kind of cooperation from the US hosted websites and who feel extremely reluctant to visit the police.

But again, my rational brain refuses to believe in such kinds of flimsy bans. Like so many other researchers, I have my own share on thoughts regarding pornography. I argued in my above mentioned publication that “the concepts of obscenity and pornography overlap with each other and the shadow of obscenity law still shrouded the indecency law” (See pg 200 in Debarati Halder(2013), Examining the scope of Indecent Representation of Women (Prevention) Act, 1986 in the light of cyber victimisation of women in India” published in National Law School Journal (2013) 11NLSJ , pgs 188-218). Which materials would be considered as ‘pornographic’?  .........the present law probably has no answer. Which are the websites that would fall in the scope of this ban? ........no one actually can answer because sites like Facebook are also used to upload materials which can fall in the category of pornography. Further, the anonymous character of users would stand as a towering problem while detecting privately hosted websites. One site deletion may not prevent creation of another. How many sites would be banned then?  All these questions may need to be answered before taking up a serious step towards implementing the ban.

Somehow I am having this ghastly feeling that adult pornography is there to stay in India and vindictive users would outsmart the government attempts to stop them. Hope I would be proved wrong.

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), “Banning the websites for shunning porn”, 26^th June,2013, published in http://debaraticyberspace.blogspot.com/

Too much exposed too less to expect

CYBER CRIME AGAINST WOMEN BY DEBARATI HALDER

When an individual gets a virtual  home through his/her profile in the social networking sites it is most expected that he/she will open the windows to showcase his/her own self. While this can be an extremely positive gesture to let people know about oneself and market oneself to be one of the potentials, this can be extremely dangerous as well. As the US report on the internet and computing trend suggests, Indians are the second largest sharers of personal information after Saudi Arabians( See http://timesofindia.indiatimes.com/tech/social-media/Indians-second-most-likely-to-share-everything-online-Study/articleshow/20376051.cms), I partly justify it with my own observations in the internet. Many women in India tend to reveal personal information in online pockets including social networking sites, groups, news forums etc. I was one such exposure when I first entered this big (bad) World Wide Web. The typical ways may include revealing residential address, phone numbers, school names, pet names to even secret bashes. Not to mention, the regular updates themselves may make private life revealed for many women. I had this chat friend couple of year’s back, who insisted to know what I eat in the breakfast, what I wear for formal gatherings and why do I wear them. Slowly, I understood that I was feeding this particular individual more than what is needed. Well, I had sensed danger. But not many can really sense it. At the best, many women protect their information by making their profiles open for ‘friends’. But what these women may not understand is, these ‘friends’ are neither ‘anti-chambers’ from where information can not be leaked.

        Similarly, this sharing tendency can prove beneficial for online phishing teams who can easily track out the potential victim. It needs to be remembered that women are equally becoming victims of phishing as men and may be this may be one of the reasons. Off course, how can one forget about other typical online crimes which happen mostly to women like stalking, creation of defamatory profiles etc ? All of these may be results of too much sharing.

        But then what can be the solution? While opening the windows, you can not close your doors and expect the ‘unwanted’ to show up any-time. Only thing is, you need to be prepared to face the unwanted and learn from your mistakes. I have some wonderful friends who had learnt from their past experiences due to too much sharing; some have stopped frequent updating, some preferred to maintain offline connections than carrying on virtual connections. What I have learnt from them is, the more you expose yourself, the less you should expect from privacy shields; for nothing can protect your privacy when you yourself have opened doors to let the world know what they should not have known about you.

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), “Too much exposed too less to expect

”, 5^th June,2013, published in http://debaraticyberspace.blogspot.com/

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/