INTRODUCTION
In the digital age, the proliferation of social media platforms has radically transformed human interaction, communication, and expression. While these platforms have facilitated unprecedented access to information and connectivity, they have also opened new avenues for the perpetration of gender-based violence. Crimes against women have found a new dimension in cyberspace, where anonymity, reach, and the viral nature of content often embolden perpetrators. The virtual sphere, once perceived as a safe and empowering space, is increasingly becoming a site of harm, surveillance, exploitation, and harassment, particularly for women. From cyberstalking and online sexual harassment to the non-consensual dissemination of intimate images and gendered trolling, the forms of violence are evolving faster than the legal tools designed to address them.[1]
The existing legal framework, both national and international, strives to keep pace with these technological disruptions. In India, while the Indian Penal Code (IPC), the Information Technology Act, 2000[2], and its subsequent amendments provide some legal recourse, these statutes often fall short of fully capturing the complexity and intensity of online crimes against women. Additionally, the relatively slow pace of jurisprudential development in this area has left victims grappling with inadequate legal protection and delayed justice. Social media companies—functioning as intermediaries—have also been placed under regulatory scrutiny, with the 2021 IT[3] Rules attempting to impose clearer obligations regarding user safety and content moderation. However, these measures raise further concerns about privacy, over-censorship, and enforcement feasibility.
Furthermore, the transnational nature of digital crimes introduces a host of jurisdictional challenges that weaken the effectiveness of domestic laws. [4]For example, perpetrators can operate from different countries using anonymized accounts, making the investigation and prosecution of crimes a complex legal and procedural task. Compounding this difficulty is the lack of digital literacy among law enforcement agencies and the general public, which further delays the redressal of grievances. Despite the implementation of mechanisms such as cybercrime portals and digital helplines, underreporting remains a persistent issue due to stigma, fear of retaliation, and lack of confidence in institutional responses.
CONSTITUTIONAL PROVISIONS
The supreme law of India is the Constitution. In addition to outlining fundamental rights, directive principles, and citizen obligations, it also defines the framework defining fundamental political concepts and the organization, procedures, powers, and duties of government institutions. It is the world’s longest written constitution for a sovereign nation. Many people consider Dr. Bhimrao Ramji Ambedkar[5] to be the founder of the Indian Constitution. The executive is directly answerable to the legislature under the Constitution, which maintains a parliamentary form of government. According to Article 743, the Prime Minister of India will serve as the head of state. Additionally, it declares that Articles 52 and 63 establish a President of India and a Vice-President of India. The President mostly serves in ceremonial capacities, in contrast to the Prime Minister. The nature of the Constitution is federal. In addition to granting women equality, the Indian Constitution4 gives the government the authority to implement positive discrimination policies that benefit women in order to offset the accumulated socioeconomic, educational, and political disadvantages that they have experienced. Among other things, fundamental rights guarantee equal protection under the law and equality before it; they also forbid discrimination against any resident based on their race, religion, caste, sex, or place of birth; and they guarantee equality and opportunity for all people.[6]
[1]Indian Penal Code (IPC), Section 354C, Section 354D, Section 66E.
[2]Information Technology Act, 2000, Section 66E (Punishment for violation of privacy), Section 67 (Punishment for publishing or transmitting obscene material in electronic form).
[3]IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, Rule 4 (due diligence by intermediaries), Rule 9 (user safety measures).
[4]Cybercrime Reporting Portal, National Cyber Crime Reporting Portal, available at: https://cybercrime.gov.in.
[5]Dr. Bhimrao Ramji Ambedkar, Dr. Ambedkar’s Role in Constitution Making, available at: https://ambedkarfoundation.nic.in.
[6]Constitution of India, Art. 74 (Council of Ministers to aid and advise President), Art. 52 (President of India), Art. 63 (Vice-President of India).