Digital gender violence: Assessing Social Media Governance, Digital Rights, and the Protection of Women against Cyber crimes

ABSTRACT:  

In the contemporary era, the traditional paradigms of human interaction and societal functioning have undergone a profound transformation, shifting from physical connectivity to an AI-driven digital landscape. Parallel to this technological evolution, the modalities of criminal activity have also evolved in sophistication. This paradigm shift poses significant challenges to the safety and security of women in digital spaces, where they frequently encounter pervasive harassment and the violation of their informational privacy. The psychological and social impact of such digital abuse often leads to a ‘chilling effect,’ wherein women are compelled to alter or restrict their online participation. Furthermore, these complex digital harms frequently outpace existing statutory frameworks, leaving legal institutions in a state of ambiguity and inadequacy when attempting to provide effective remedies and protection.

KEY WORDS: social media governance, digital rights, gender justice, digital gender violence, social media platforms accountability

INTRODUCTION 

objective of writing this article is to understand the efficacy and efficiency of social media platform and their governance and legal mechanisms in protecting women from digital gendered violence. And conditions of women in this increasing digital era by comparing the evolving nature of cyber law and how effectively it works in the field of protecting women’s rights and their privacy 

In starred question of GOVERNMENT OF INDIA MINISTRY OF WOMEN AND CHILD DEVELOPMENT the question are as follows  whether the Ministry has conducted any analysis to identify trends, common platforms or modalities in cyber offences targeting women and children; and  the specific policy measures, interventions, capacity-building efforts and coordination mechanisms put in place by Government? 

‘In recent years, major legal and institutional reforms have been undertaken to strengthen protection of women and children. The Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023 and Bharatiya Sakshya Adhiniyam, 2023, which came into force on 1 July 2024, contain strengthened provisions relating to offences against women and children, including trafficking, organised crime, gang rape and exploitation. These laws also provide improved procedural safeguards and recognise electronic and digital records as admissible evidence, thereby strengthening prosecution in cyber crimes. The Ministry of Electronics and Information Technology(MeitY) administers ‘The Information Technology Act, 2000’ and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 which provide a framework for addressing unlawful online content, including punishment for publishing or transmitting obscene or sexually explicit material electronically and empowering law-enforcement agencies to investigate cyber offences.

PROBLEMS 

The Indian government reported over 76,650 cybercrimes against women, such as online stalking, deepfakes, and non-consensual sharing of intimate images, to the National Cyber Crime Reporting Portal (NCRP) We can clearly see the evolving nature of our criminal law in India. Like priorly to 2013 in the Indian Penal Code of 1860, there is no such law which is directly dealing with the online harassments or digital cyber space or crime related to women’s in the cyber space or the security of women. The 2013 criminal amendment act to the Indian Penal Code 1860 from the sections 354A to section 354D, it’s simply says the rights of women’s in the cyber space. That simply shows just how the our Indian legal system and the criminal laws are evolving by the evolvement of crime, according to the survey conducted by NATIONAL COMMISSION FOR WOMEN it concludes that categories like Sexually explicit material published/ transmitted in the year of 2021 is 1896 and it increases by the year of 2022 is 2251 and in the category of Other forms of cybercrimes (blackmail, defamation, etc.) is 701 in 2021 same it increases in the year of 2022 is 689 and It is going to be seen that between in between 2017 and 2022, there is a lots of shift has been going to see of 239% increase in cyber crimes against women and children, a multi fold rise can be seen cases evolving against women and children according to the national crime record bureau data. We can see  how the violence against women is increasing day by day and there is no remedy providing by the mechanism.

CASE STUDY

The Supreme Court on Monday (December 1, 2025) tasked the Central Bureau of Investigation (CBI) with cracking down on ‘digital arrest’ scammers and their associates, giving the agency a “free hand” to launch an anti-corruption probe into bankers involved in the opening of mule accounts linked to cybercrimes.

Behind the glowing screens of everyday devices lies a rapidly evolving digital battlefield, where age, gender and innocence are increasingly being weaponised by cybercriminals. From financially draining senior citizens to exploiting women through intimate data and targeting children online, different demographic groups are facing uniquely tailored cyber threats. According to National Crime Records Bureau (NCRB) data for 2024, senior citizens remain prime targets for digital financial fraud and manipulation. In Delhi alone, 198 senior citizens aged 60 and above fell victim to cheating and fraudulent schemes under various legal provisions. In 2023, as many as 205 such cases were registered.

• Sextortion & Deepfakes
• Digital Arrest
• Mule Account Coercion
• Non-Consensual Intimate Imagery (NCII) & Revenge Porn
• Cyberstalking & Harassment
• Morphing
• Impersonation & Fake Profiles
• Cyberbullying & Trolling: 
• Cyber Grooming

Accountability of social media platforms: The Committee recommended that social media intermediaries and digital platforms must adhere to higher accountability standards with shorter compliance timelines and mandatory deployment of AI driven detection tools.  Further, the Ministry may introduce age appropriate regulations and usage limits on social media to safeguard children and adolescents from adverse psychological impact. how BNS plays a vital role in new digital era and ai driven space for protecting women and gender sensitive issues  

Section 78 of BNS cyber stalking and harassment 

Usually we can see that people mostly uh habitual to see the activity on social media like they continuously monitoring the last scenes, someone status or creating same alternate account to bypass the blocks. If someone some women is blocked the men, he create the alternate ways to stock her. This is the criminalized in India if we stalking someone. It can include in the both the ways, it can be in physical or in digital monitoring. If a man commits this offense repeatedly after the woman is shows the disinterest in him or he monitors her interest cues, emails and other devices for the communication without her consent.

CASE 1

Delhi Police arrested a 32-year-old YouTuber running the channel Road Safety Waala for allegedly stalking, harassing, and recording minor girls and women on the streets of Delhi without their consent.

CASE 2

A 20-year-old college student in Bareilly died by suicide after a 17-year-old neighbor allegedly stalked her for a year, broke into her house to pressure her into marriage, and blackmailed her with private photographs.

Section 75 of BNS sexual in digital harassment online space. 

In real life, we can see then in growing industry of AI, the deep fakes and the unsolicited explitis explicit message online. Uh when preparators send unwanted photographs or text messages or make a nude comments on someone social media account or on someone social media platform, they are prosecuted under this section.

Section 77 voyeurism non – consensual private image 

Now a day we can clearly see the India’s anti revenge porn and image based abuse law state policing authority there is a Karnataka police have issued a clear detective mandating that consent to record is no license to share this clearly says that the how Indian law is becoming strong day by day if you are circulating someone’s private image intimate photos or creating with it AI the fakes of a person without her knowledge or her permission is strictly prosecuted prosecuted here and A person secretly records a woman in a changing room and uploads the video online.

The Supreme Court recently held that clicking photos or recording videos of a woman without her permission during non-private acts does not amount to voyeurism under Section 354C of the Indian Penal Code [Tuhin Kumar Biswas vs. The State of West Bengal].

Case1 :

A 26-year-old man, Gurudeep Singh, was arrested following widespread public outrage over secretly filming women in public spaces and posting the videos online without their consent under the guise of “street scenes.”

Section 79 of BNS insulting the modesty of a women 

This include deformation tax like in WhatsApp or any other social media app or transmitting derogatory emails sending lid message electronicly

The Information Technology Act, 2000 

• Section 66C Identity Theft for example Biometric Forgery Hacking & Misuse 
• Section 66E Violation of Privacy
• Section 67 Publishing Obscene Material
• Section 67A Publishing Sexually Explicit Material
• Section 67B : Child Sexual Abuse Material (CSAM)

provisions such as Section 66E (Privacy violation) of information technology act of 2002 Section 67/67A (Publishing or transmitting obscene/sexually explicit material) of information technology act of 2002

Indecent Representation Of Women (Prohibition) Bill, 2012

There is certain land marks judgements which  are related to cyber-crime against women are

K.S. Puttaswamy v. Union of India (2017)

Supreme court ruling says thatprivacy is the core concept of liberty privacy dignity and autonomy. Article 21 play a role here right to privacy 

P.V. Srinivas v. State (2004)

State of Tamil Nadu v. Suhas Katti (2004)

Katti  found guilty and convicted with 7 month of filing the FIR. He was sentenced to 2 years of regress imprisonment under the section 67 of IT Act, publishing obscene marital online and concurrent sentence under section 496 and 501 of the IPC.

INTERNATIONAL LAW 

CEDAW  Convention on the element of all forms of discrimination against women that is the International human right treaty It is also called in the national bills of right for women which is adopted in 1979 by the general assembly of United Nation Eliminate gender discrimination, established equality and protect womens right globally it is a legally  binds in nature and signatory Nation 

SOLUTIONS 

There are servals apps which helps women because its says prevention is better then cure for example Legal Guide App , Shakti App, 112 App, One Stop Centre App, Himmat App, Raksha App. ‘Despite its progressive nature, the IT Act, 2000 had several loopholes and procedural challenges. The Act has undergone amendments, notably in 2008, to adapt to the evolving challenges of the internet era. The 2008 amendment significantly expanded the scope of the IT Act to address emerging cyber threats, including cyber terrorism, phishing, identity theft, and, most notably, crimes that violate the safety and dignity of women in online spaces. This amendment introduced stricter penalties and new provisions to tackle cyber stalking, voyeurism, the transmission of sexually explicit material, and the non-consensual distribution of private images. These changes empowered law enforcement agencies with more robust legal tools to combat digital crimes that disproportionately affect women.’

CONCLUSION

The World Health Organization (WHO) reports that approximately one in three women worldwide will experience some form of physical or sexual violence during their lifetime. This pervasive issue often begins in childhood, with many girls subjected to abuse and harassment within their own domestic spheres, among family members, and within their social circles. Consequently, women frequently endure a continuum of violence that follows them throughout their lives.

In our contemporary era, characterized by rapid technological advancement and the ubiquity of Artificial Intelligence (AI), this cycle of violence has migrated into the digital realm, manifesting as sophisticated forms of cyber-violence. As internet connectivity becomes an essential prerequisite for economic participation, educational development, and civic engagement, the risks to women’s safety have intensified. It is estimated that one in ten women has already been a victim of cybercrime; however, given the stigma and fear of reprisal, the true incidence rate is likely significantly higher. The persistent threat of digital harassment, cyber-bullying, and non-consensual dissemination of private information creates a climate of apprehension that discourages women from fully exercising their digital rights.

In my openion Protecting women in both physical and digital spaces is not merely a matter of social policy; it is a fundamental human rights imperative. Under international human rights law, states and private entities alike have a positive obligation to ensure that public and digital spaces are free from discrimination, harassment, and violence. Ensuring the dignity, bodily autonomy, and privacy of women and girls—including the protection of their personal data—is essential to their fundamental right to security of person and freedom of expression. To foster a safe digital ecosystem, it is necessary to implement robust legal frameworks that criminalize digital violence, promote digital literacy, and enforce the accountability of platforms to protect users. Empowering women with the knowledge of their legal protections is a critical step toward ensuring that they can participate in the digital economy and society without the fear of systemic encroachment upon their dignity or safety.

REFRENCES

The times of india news paper 

The hindu newspaper 

The Hindustan times news paper

India today newspaper article 

Indian Journal of Law and Legal Research 

LAW SECTION .IN 

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