Technology-Facilitated Crimes Against Women in India: A Legal Perspective

Abstract

The Internet and mobile technology have revolutionized Indian life. It has also brought about new forms of harm against women. Today, online harassment in the form of cyber stalking, sharing of intimate images without consent, online impersonation, sextortion and the dissemination of pornographic images impacts the safety and dignity of women nationwide. This paper discusses the legal regime regulating the technology-enabled crimes committed against women in India. This study adopts a doctrinal approach. It outlines the constitutional pillar, right to life and dignity under Article 21 and right to equality under Article 14, as interpreted by the Supreme Court in the privacy judgement of 2017 in Justice K.S. Puttaswamy v. Union of India. It then looks at the Information Technology Act, 2000, the provisions on identity theft, violation of privacy and obscene content, etc., and the judgment of Shreya Singhal v. Union of India, which invalidated Section 66A of the Information Technology Act, 2000. It examines the criminal law on voyeurism, stalking, and insult to modesty of the Indian Penal Code and their continuation in the Bharatiya Nyaya Sanhita, 2023, which was introduced in 2023. It takes into account special protective laws and the Digital Personal Data Protection Act, 2023. The paper details the common types of harm, links to provisions and highlights gaps in the definition, reporting and enforcement. It ends with suggestions for legal and institutional changes.

Keywords: Cybercrime, Women, Technology, Privacy, Information Technology Act, Bharatiya Nyaya Sanhita, Online harassment, Data protection.