INTRODUCTION
Online abuse against women has drastically increased, and the situation worsened during the COVID-19 pandemic with women being harassed and abused online in many different forms. This involved sharing content about them, using their pictures in a non-consensual manner, and stalking, impersonating, and prejudicing them based on gender, religion, caste, and sex. Online abuse against women can also be referred to as cyber-misogyny. Recently, a controversy erupted in India over an application called “Bulli Bai”, through which illegally obtained pictures of women were auctioned and sold. Using technology to exploit women online has posed significant threats to their fundamental rights, particularly to the rights of dignity and privacy.
In my article, I will critically analyse the adverse effects of using the internet and the negative impact it can have on women, as well as the effect it has on the peace and security of women in cyberspace.
BULLI BAI CONTROVERSY: “AUCTIONING” WOMEN
Bulli Bai, an app created on GitHub, posted illegally obtained pictures of women belonging to the Muslim community online. These pictures were then “sold” in an auction. This is not the first-time women have been “auctioned” online. For instance, there have been such incidents in the past, such as the “Sulli Deals” incident; “Liberal Doge”, a YouTube channel where Muslim women were also “auctioned”; and a telegram channel where women belonging to the Hindu community were exploited and harassed by misogynistic comments and “online auctioning” through non-consensual use of their pictures. These platforms foster a misogynistic online environment and a threat to the safety and dignity of women in cyberspace.
Women are often the victims of inequality and abuse based on gender, and the harassment they face online exacerbates the situation. In a report titled “State of the World’s Girls Report” issued by Plan International, it was found that around 58% of women face online abuse, from derogatory and abusive language to auctioning and sexual violence. Online harassment of women poses a significant threat to their fundamental rights such as privacy, dignity, and safety, and targets women belonging to a particular community.
The lack of regulation of online spaces, combined with other cultural and social factors plays a significant role in increasing gender-based violence in cyberspace. In many cases, victims self-censor themselves because these incidents affect the sufferer's dignity and affect their right to freedom of speech and expression as many cases are not reported to law enforcement authorities. This lack of reporting is due to the stressful aftermath of the incidents and their impact on the lives and mental health of victims. In some cases, victims may also face threats and intimidation, leading to lower self-esteem and lower reporting rates.
DIMINISHING DIGNITY: LACK OF SAFETY ON THE INTERNET FOR WOMEN
Women around the world have faced many challenges to their rights and representation. They have also been subjected to online abuse and harassment throughout time. Incidents of online abuse and unauthorised use of their personal information threaten the protection of rights in cyberspace. These incidents infringe upon the privacy of the women involved, often indulge in illegal activities, and encourage misogynistic comments, which adversely affect the rights and dignity of women.
One of the main reasons behind cyber-crimes against women is the inequality they face in society based on gender stereotypes against them. In many cases, women belonging to a particular religion or particular profession are targeted online. Often, they also face discrimination on a professional level and in their community, where they are not given equal chances or opportunities compared to men to empower themselves. The main reason for such discrimination is gender-based prejudices and pre-formed roles based on gender, such as women’s roles within the household, and men’s roles of working outside and within professional fields. Despite society having progressed, and women also empowering themselves, much work is needed to make society more accepting and equal.
This discriminatory and misogynistic attitude was visible in the recent “Bulli Bai” case and in past incidents of “online auctioning” where women from a particular community were put on “auction” by illegally obtaining their pictures. The lack of awareness and regulation on women’s rights hinders the development of women, who are the primary victims, and society. This also leads to women having a lesser impact in the development of the community, meaning women have less say in societal decision-making processes, and leading to many rules and regulations being formed by men.
WOMEN’S HUMAN RIGHTS IN CYBERSPACE
In today’s digitalised world, the internet has become an essential part of our lives, and we rely on it for most of the things we do in our daily lives. However, it is also important to acknowledge that the internet has a dark side that involves a lack of regulation and implementation of prominent human rights.
There is legislation in India that protects the fundamental rights of individuals. In Maneka Gandhi v. Union of India, it was stated that the main component of the right to life is the right to live with dignity, and it is protected under article 21 of the Constitution. Similarly, in a 2017 judgement, Puttaswamy v. Union of India, the right to privacy was declared a fundamental right in India. Article 19(1)(a) of the Constitution ensures all citizens have the right to freedom of speech and expression. The Information Technology Act, 2000 in the country also strives to protect rights in the virtual space, with section 67 of the Act prohibiting the publishing or transmitting obscene material.
Women’s rights are protected under international human rights law as well, for instance through instruments such as the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW). However, despite having several national and international laws on the issue, we still see many violations of women’s rights on a regular basis. As a way forward, there needs to be an established mechanism that checks how well these laws are being implemented and if they are reaching the people who genuinely need protection. As these are some of the most significant rights that everyone is entitled to, they should be protected both online and offline.
Nishka Kapoor is currently an undergraduate student at the National Academy of Legal Studies and Research, Hyderabad. She is interested in Constitutional Law and Human Rights.