16 days 2013: presentation by dr. debarati halder, remedies for cyber-crimes against women

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Remedies for Cyber- Crimes Against Women: some thoughts Dr. Debarati Halder Advocate & Managing Director Centre for Cyber victim Counseling (CCVC) Tirunelveli www.cybervictims.org

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This presentation by Dr. Debarati Halder outlines cyber-crimes against women and available legal and other remedies against them. This was presented at a Colloquium on Digital Media and Gender Violence on December 9, 2013, in Chennai, as part of the 2013 Prajnya 16 Days Campaign against Gender Violence.

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Page 1: 16 Days 2013: Presentation by Dr. Debarati Halder, Remedies for Cyber-Crimes against Women

Remedies for Cyber-Crimes Against Women:

some thoughtsDr. Debarati Halder

Advocate & Managing DirectorCentre for Cyber victim Counseling (CCVC)

Tirunelveliwww.cybervictims.org

Page 2: 16 Days 2013: Presentation by Dr. Debarati Halder, Remedies for Cyber-Crimes against Women

• Cyber crime against women is :“Crimes targeted against women with a motive to intentionally harm the victim, using modern telecommunication networks such as the internet (chat rooms, emails, notice boards and groups) and mobile phones(SMS/MMS)”.

Debarati Halder & K. Jaishankar(2012)

04/13/23 Online Victimisation of Women: Trends & Issues by Debarati Halder

Page 3: 16 Days 2013: Presentation by Dr. Debarati Halder, Remedies for Cyber-Crimes against Women

How cyber victimization affects

the concept of violence against

women? 04/13/23 Online Victimisation of Women: Trends &

Issues by Debarati Halder

Page 4: 16 Days 2013: Presentation by Dr. Debarati Halder, Remedies for Cyber-Crimes against Women

portrayal of women in the most indecent manner.

StalkingHarassing

messagesWorkplace

harassment with digital aide

04/13/23 Online Victimisation of Women: Trends & Issues by Debarati Halder

Page 5: 16 Days 2013: Presentation by Dr. Debarati Halder, Remedies for Cyber-Crimes against Women

Available legal remedies for women and young girls for indecent portrayal Sections 67, 67a of the Information

technology Act,2000(amended in 2008)

• Section 66a of the Information Technology Act (amended in 2008) Section 66C(punishment for identity theft), 66D(punishment for cheating by impersonation) along with 67B, 66E of the IT Act offer remedy.

.Section 292,293,294 IPC Section 354C IPC (inserted by

Criminal Law Amendment Act, 2013 Section 509 IPC Section 499,500 IPC S.s 3 &4 of The Indecent Represent

of Women (prohibition) Act

• Usage of children for creation of content(S.13, Protection of children from sexual offences act, S.67B (c) I T Act.

(i) Production, storing, distribution of the content(S.11 (ii) & (iii)

(ii) Sexual harassment in the course of creation of content S.67B (d) IT Act and S.11 Protection of children from sexual offences Act

04/13/23 Online Victimisation of Women: Trends & Issues by Debarati Halder

Page 6: 16 Days 2013: Presentation by Dr. Debarati Halder, Remedies for Cyber-Crimes against Women

Online stalking• In one word, when ‘following’ is added by Mens rea to

commit harm and it is successfully digitally carried out, we can say cyber stalking has happened (Halder & Jaishankar,2010).

• S.354D of the Criminal Law Amendment Act, 2013 also addresses stalking by man and includes the following acts:

Following/contacting/trying to contact repeatedly Monitoring a woman either physically or online Watching/spying a woman

04/13/23 Online Victimisation of Women: Trends & Issues by Debarati Halder

Page 7: 16 Days 2013: Presentation by Dr. Debarati Halder, Remedies for Cyber-Crimes against Women

Remedies offered by the laws

prevention of the crime Introducing new rights Expanding the scope of the independent duty

of the policeRetributive jurisprudential measures

04/13/23 Online Victimisation of Women: Trends & Issues by Debarati Halder

Page 8: 16 Days 2013: Presentation by Dr. Debarati Halder, Remedies for Cyber-Crimes against Women

Where does law/criminal justice mechanism fail?

Attitude of the victimPatriarchal societyFear of revealing past historyMedia and privacy issuesPreconceived notion about the police and

criminal justice system

04/13/23 Online Victimisation of Women: Trends & Issues by Debarati Halder

Page 9: 16 Days 2013: Presentation by Dr. Debarati Halder, Remedies for Cyber-Crimes against Women

The other option ?

Liability of the website Forms of reportingUsage of police-social media channel

04/13/23 Online Victimisation of Women: Trends & Issues by Debarati Halder

Page 10: 16 Days 2013: Presentation by Dr. Debarati Halder, Remedies for Cyber-Crimes against Women

Self protecting measures

• Controlled data contribution• Closing the doors by effective password

choosing.• Expanding friend-circle with prior information• Usage of multiple email ids• Self detection of suspicious accounts• Willingness to report a crime and not

encourage hacking.

04/13/23 Online Victimisation of Women: Trends & Issues by Debarati Halder

Page 11: 16 Days 2013: Presentation by Dr. Debarati Halder, Remedies for Cyber-Crimes against Women

Building up effective friend circle online

04/13/23 Online Victimisation of Women: Trends & Issues by Debarati Halder

Page 12: 16 Days 2013: Presentation by Dr. Debarati Halder, Remedies for Cyber-Crimes against Women

Counselling through “Therapeutic Jurisprudence” way

04/13/23 Online Victimisation of Women: Trends & Issues by Debarati Halder

Page 13: 16 Days 2013: Presentation by Dr. Debarati Halder, Remedies for Cyber-Crimes against Women

Awareness

Spreading awareness through two blogs : “Cyber crime against women in India and the laws”© ((http://debaraticyberspace.blogspot.in/) ) &

“Cyber victimization” ©(http://cybervictims.blogspot.in/))

04/13/23 Online Victimisation of Women: Trends & Issues by Debarati Halder

Page 14: 16 Days 2013: Presentation by Dr. Debarati Halder, Remedies for Cyber-Crimes against Women

Enjoy the internet eraWrite to us for any help @

[email protected] or [email protected] Call us @ 09894700935

Dr. Debarati HalderAdvocate & Managing Director

Centre for Cyber victim CounselingTirunelveli

www.cybervictims.org

04/13/23 Online Victimisation of Women: Trends & Issues by Debarati Halder