Sunday December 17, 2017

Here’s why the abolition of Section 66 A of the IT Act is a good thing

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By Newsgram Staff Writer

Virtual world and social media are flooded with applauds for the Supreme Court’s decision of quashing of the controversial Section 66 A of the IT Act. Here’s what the verdict of court means for citizens of India.

To start with, let’s examine the wording of the Section 66 A, which clearly states:

“Any person who sends, by means of a computer resource or a communication device—
(a) any information that is grossly offensive or has menacing character; or
(b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will, persistently by making use of such computer resource or a communication device,
(c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages, shall be punishable with imprisonment for a term which may extend to three years and with fine.”

This particular Section of the IT Act was used and misused widely in the last few years by the government machinery to curb the constitutional rights of the citizens in the country.

Congress spokesman Manish Tewari said, the Supreme Court has done the “right and appropriate thing” by striking down the provision.

“It had become an instrument of oppression. It had put too much of power in the hands of law enforcement authorities to persecute and hound people who maybe innocuously or intentionally indulged in dissent,” he told the media.

Section 66A contained legal recourse against a number of cyber crimes such as stalking, bullying, threatening through SMS and email, phishing and spamming, among others. These crimes, will now be left uncovered after the judgement of the apex court.

Legal experts believe that as far as genuine cases of defamation are concerned, there is a provision under Section 499 and 500 of the Indian Penal Code. Since Section 4 of the IT Act brings electronic information at par with physical documents, the same provision can be applied in the case.

Elaborating the grounds for holding the provision “unconstitutional”, the court said terms like “annoying”, “inconvenient” and “grossly offensive”, used in the provision, are vague as it is difficult for the law enforcement agency and the offender to know the ingredients of the offence. The bench also referred to two judgments of UK courts which reached different conclusions on whether the material in question was offensive or grossly offensive.

“When judicially trained minds can reach on different conclusions” while going through the same content, then how is it possible for law enforcement agency and others to decide as to what is offensive and what is grossly offensive, the bench said, adding, “What may be offensive  to a person may not be offensive to the other.”

The bench rejected the assurance given by the NDA government during the hearing that certain procedures may be laid down to ensure that the law in question is not abused.

Additional solicitor general Tushar Mehta told the court that “there was a need for a mechanism to put checks and balances on this medium,” because the Internet doesn’t “operate in an institutional form.”

 “Considering the reach and impact of medium, leeway needs to be given to legislature to frame rules. On the Internet every individual is a director, producer and broadcaster and a person can send offensive material to millions of people at a same time in nanosecond just with a click of button.”  Mehta told the Court.

Mehta also said that the vague wording of Section 66A, which said ‘grossly inoffensive’ content could land someone in prison for three year, was not a good enough reason to get rid of the section.

In the earlier hearings, Mehta had given examples of how the Ministry of Defence and External Affairs, received emails that were designed to hack and steal information from the ministries, in an effort to convince the court that Section 66A was needed to prevent such activities.

“Governments come and go but section 66A will remain forever,” the bench said, adding the present government cannot give an undertaking about its successor that they will not abuse the same.

Apart from raising objections to who could determine what constituted ‘grossly offensive content’, the court has also not been impressed with the government argument that the section was needed to protect government data from hackers, and had pointed out that this eventuality was already dealt with viruses and hacking for which Section 65 of the IT Act was relevant.

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Indians Always on Social Media While on Vacations, Reveals New Survey

Social media is emerging as strong driving force in creating vacation happiness with Indians being number one in always taking selfies

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The new survey reveals Indians top the list of tourists glued to their phones while on vacation.(Representative image) Wikimedia

New Delhi, October 15, 2017 : Indians top ahead of Thailand and Mexico when it comes to using social media while holidaying, says a survey conducted by Expedia.

Indians love to be connected all the time, however, it also means that they do not disconnect from work much.

Indians are globally most anxious on not being able to access WiFi or internet to check work e-mail (59 per cent). In fact they lead in showing a preference for an airline that offers in-flight WiFi (33 per cent). Hence, 14 per cent Indians are always working on a vacation, #1 globally, followed by the US (seven per cent) and Brazil (six per cent).

ALSO READ India tops the list of fatalities caused by selfies

Social media is emerging as strong driving force in creating vacation happiness with Indians being number one in always taking selfies (22 per cent), posting photos on social media (22 per cent), “checking in” on social media (21 per cent) and connecting with others through social media (19 per cent), said the Expedia survey.

The survey included 15,363 respondents, across 17 countries (US, Canada, Mexico, Brazil, UK, France, Germany, Italy, Spain, Netherlands, Belgium, Australia, New Zealand, Japan, South Korea, India and Thailand)

The survey also highlighted that even though Indians are social media obsessed beach-goers who spend the majority of their time uploading pictures and video, 24 per cent of their compatriots find it very annoying, said the statement. (IANS)

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Crimes Against Women Perpetrate in Every two Minutes: NCRB Analysis

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Father, left and mother, center of the Indian student victim who was fatally gang raped on this day three years back on a moving bus in the Indian capital join others at a candle lit vigil in New Delhi, India, Wednesday, Dec. 16, 2015. VOA
  • Any kind of physical or mental harm towards women is deemed as  “crime against women”
  • Domestic violence is the most dominant crime against women
  • Andhra Pradesh state is the highest to report crimes against women in the period of ten years

Sep 20, 2017: A report released by the National Crime Records Bureau (NCRB) suggests that crimes against women have increased violently in the last ten years with an estimated figure of  2.24 million crimes. The figure is also suggestive of the fact: 26 crimes against women are reported every hour, or one complaint every two minutes, reports IndiaSpend analysis.

The most dominant crime against women with 909,713 cases reported in last decade was ‘cruelty by husbands and relatives’ under section 498‐A of Indian Penal Code (IPC).

‘Assault on women’ booked under section 354 of IPC is the second-most-reported crime against women with 470,556 crimes.

‘Kidnapping and abduction of women’ are the third-most-reported crime with 315,074 crimes, followed by ‘rape’ (243,051), ‘insult to modesty of women’ (104,151) and ‘dowry death’ (80,833).

The NCRB report also listed three heads, namely commit rape (4,234), abetment of suicide of women (3,734) and protection of women from domestic violence (426) under which cases of crime against women have been reported in 2014.

Andhra Pradesh has reported the most crimes against women (263,839) over the past 10 years.

Andhra Pradesh state is the highest (263,839) to report crimes against women in the period of ten years. Crimes reported for insult (35,733) ranks first followed by cruelty by husband relatives (117,458), assault on women with intent to outrage her modesty (51,376) and dowry-related deaths (5,364).

West Bengal (239,760) is second most crime against women state followed by Uttar Pradesh (236,456), Rajasthan (188,928) and Madhya Pradesh (175,593).

Abduction increased up to three folds over the recent years,  with Uttar Pradesh being the worst affected state. Cases rose from 15,750 cases in 2005 to 57,311 cases in 2014.

Prepared by Naina Mishra of Newsgram. Twitter @Nainamishr94


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What Gives Husbands The Licence to Rape? Decoding Marital Rape in the Indian Legal Scenario

Can there be two different definitions of rape? Can there be a differentiation between the rape of a married woman and the rape of an unmarried woman?

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While most of the developed world has penalized marital rape, surprisingly it is yet to be categorized as an offence in India. Pixabay
  • Cases of sexual violence, including rape, fall within the larger realm of domestic violence
  • Marital rape is yet to be categorized as a criminal offence in India
  • According to the central government, criminalizing marital rape “may destabilize the institution of marriage”

New Delhi, September 2, 2017 : Baby works as a domestic help; she says she cannot recall her age when her parents married her off to a man who was much older to her; a man she barely knew. She didn’t anticipate her husband would demand to have intercourse on their wedding night. She was still young and not ready, but that didn’t stop him. Baby was raped by her husband on her wedding night. But marital rape means nothing to her.

Sunita irons clothes for a living. She says has been married for more years than she can remember. The duo has four kids together, but that doesn’t stop her husband from raising a hand or two on her, every once in a while. Every night, her husband would get drunk, hit her and forcefully demand to have sex, paying no heed to her resistance. Sunita has three daughters, and a son, and the husband still wants to have progenies. “I told my mother that this man has raped me multiple times. She protested, arguing that he is ‘your husband’ after all,” she said.

But did she never decide to approach the authorities?

To this, Sunita promptly replied, “I once had a sore eye after he (the husband) hit me with his shoe when I refused to have sex. I went to the local hospital and then the police. I narrated the entire scene; they were very considerate, offered me water and then asked me to go home and ‘adjust’.”

Sunita is unaware of a term called ‘marital rape’.

This is the reality of a huge part of the society in real India.

Like Baby and Sunita, women who suffer such indignities are often asked to “adjust” with perpetrators of violence because of a deep –embedded fear of what the society would say. This notion of an ‘ideal woman’ impedes women to object to illicit treatment meted out by their ‘better halves’.

The debate around the issue has become ripe once again with the Central Government stating that what “may appear to be marital rape” to a wife “may not appear so to others”. In an affidavit to the Delhi High Court, the central government took a stand against criminalizing marital rape saying that it “may destabilize the institution of marriage” and also become easy tool for harass the husbands and the in-laws.

Rape v/s Marital Rape

Rape is defined in Section 375 of the Indian Penal Code, but with an irregularity: “Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.”

While rape is addressed as perforation without a woman’s accord in its main clause, the only remedy to forced intercourse provided to ‘married’ woman is specified under Section 498-A of the IPC and the civil provisions of the Protection of Women from Domestiic Violence Act.

Following the horrific 2012 Nirbhaya rape case that brought the entire world to a standstill, the Indian media has given paramount coverage to instances of rape across the country. But even after 5 years of the gut-wrenching incident, there seems no end to this crime.

ALSO READ The Hardships of Sexuality: Marital rape, violence and humiliation

Cases of sexual violence, including rape, fall within the larger realm of domestic violence. However, rape by husbands within holy matrimony continues to remain an obscure subject in India and the exact number of cases is hard to gauge.

According to a 2015 report by National Crime Record Bureau (NCRB) tracing the proximity of offenders to the victims of sexual violence, it was revealed that in 95 per cent of all rapes, the offenders were familiar to the survivors. These, presumably include acquaintances, friends, relatives and colleagues.

And what about rape committed by husbands?

These cases continue to be an under-reported crime in India. This can be attributed to two major reasons,

  • Because of the stigma associated with it
  • Because of the presence of a defunct justice system

Furthermore, more often than not, these cases go missing because of several additional (and unnecessary) barriers stemming from a combination of familial and/or social power structures, shame and dependency.

Marital Rape In India

While most of the developed world has penalized marital rape, surprisingly it is yet to be categorized as an offence in India.

A United Nations’ report titled ‘Why do some men use violence against women and how can we prevent it?’ published in 2013 disclosed that nearly a quarter of 10,000 men  in Asia-Pacific region, including India, admitted to have indulged in the rape of a female partner. The report traced their rationale to a deep-embedded belief that they are entitled to sex despite the consent of their partners.

The study also revealed that the majority of these instances were not reported and the perpetrators faced no legal consequences.

In 2014, United Nations Population Fund (UNFPA), in association with International Centre for Research on Women (ICRW) brought out a report titled ‘Masculinity, Intimate Partner Violence and Son Preference in India’. Among other things, the report analyzed the average Indian male’s understanding and interpretation of the idea of ‘masculinity’ and how that molds their interactions with women.

Not surprisingly, the study revealed that a typical man in the Indian society associated the attributes ‘tough’, and ‘controlling’ with masculinity.

Segments of the present day Indian society continue to look at men as tough forces, who can (must) freely exercise their privilege to establish rule in personal relationships and above all, continue to control women.

Additionally, the study also revealed that 60 per cent of the Indian men disclosed the use of physical violence to establish authority.

In India, stiff patriarchal norms continue to tilt the gender balance firmly in the favor of men, as a result of which, women are forced to internalize male dominance in their lives.

Marital Rape in India : A Legal Perspective

Section 375 essentially distinguishes between two categories of women

  • Married women
  • Unmarried women

Much to the Indian society’s disappointment, the Indian legal system denies protection from rape to the married woman. This creates discrimination as the women belonging to one section are denied justice merely by virtue of being married.

But can there be two different definitions of rape? Can there be a differentiation between the rape of a married woman and the rape of an unmarried woman? Is it justified to discriminate a woman just because she is married to the man who has raped her?

The Debate Around Marital Rape In India

Despite the piquant situation, the issue raised furor when Minister of State for Home, Haribhai Parathibhai Chaudhary told the Parliament that the question of criminalizing marital rape in India has no relevance “as marriage is treated as sacred here.”

Does marriage being a sacrament provide one with the legal right to rape a woman?

South Asia director at Human Rights Watch Meenakshi Ganguly had retaliated saying that it is particularly concerning when a government that claims to secure the safety of women inside and outside national territory shamelessly turn to justify a crime in the name of culture and tradition.

Group director of social and economic development at the International Centre for Research on Women (ICRW) Priya Nanda asserted in an interview with a leading portal that “the reason men don’t want to criminalize marital rape is because they don’t want to give a woman the power to say no.”

In 2013, a three-member commission headed by Justice J.S. Verma suggested remedial measures to combat sexual violence in India, following the 2012 Nirbhaya rape case. One of its recommendations was the criminalization of marital rape.

ALSO READ Reasons Why Marital Rape Should Be Recognised as a Criminal Offence

The recommendation was ignored by the government as a large amount of people questioned its efficiency saying if made a crime,

  • It might be misused by people
  • It will be difficult to prove
  • It might break up marriages

But, how fair is it to not have a law against marital rape, only because of the reason that it is ‘difficult to prove’?

In a broader understanding, it needs to be understood that the criminalization of marital rape must not be viewed as a step against men or the institution of matrimony, but as an attempt to demolish the patriarchal system that continues to clutch the Indian society.


 

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