Forging a Survivor-Centric Approach to Online Gender-Based Violence: A Judicial Resource Guide
An interactive resource guide to aid judges and lawyers in gaining a holistic understanding of gendered cyberviolence & finding solutions within the law which are rights-based and survivor-focused.
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This Module, titled ‘Case Studies’, serves the purpose of presenting online violence scenarios and examining the legal issues involved. It provides a practical application of legal principles, helping readers understand how laws are applied in specific situations.
- Case Scenario 1: Gender Trolling
- Case Scenario 2: Non-Consensual Intimate Image Distribution
- Case Scenario 3: Blackmail and Intimidation
- Case Scenario 4: Cyberstalking and Voyeurism
- Case Scenario 5: Gender-Based Online Hate
This module will explain the different forms of online gender-based violence (OGBV) that women face. The objective is to identify the criminal offenses that each of these forms of violence constitute under Indian law, examine how courts have adjudicated such cases in the past, and how courts can adopt a gender-sensitive approach to the application and interpretation of law in such cases. Further, this module also takes a look at how other jurisdictions have dealt with each form of OGBV.
- Non-Consensual Intimate Image Distribution
- Morphing/Deepfakes
- Digital Voyeurism
- Online Sexual Harassment
- Gender Trolling
- Gender-Based Hate Speech
- Cyberstalking
- Doxxing
- Online Intimidation and Threats
- Impersonation
This module highlights the various challenges and barriers faced by survivors of online gender-based violence (OGBV) in different stages of their pursuit of access to justice, beginning from filing of a police complaint, to the stages leading to trial and judgment by court. These challenges or barriers call for greater sensitivity by courts in adjudicating cases of online violence in order to ensure an effective remedy for the survivors. The module also provides some suggestions for courts on what they can do within their powers to ameliorate the access-to-justice issues faced by the survivors.
- What does Access to Justice Mean?
- Access to Justice Issues in OGBV Cases
This module discusses the contours of online gender-based violence (OGBV) and highlights how offline inequalities are reproduced in online spaces as well. The module also examines the legal implications and challenges in addressing OGBV, including the blurring boundaries between public and private spaces. It further explores the role of social media platforms in perpetuating OGBV through amplification and virality as well as highlights content moderation issues. The need for strong regulatory measures and platform accountability is emphasized to create safer online spaces.
Part 1 - Contours
- Online Gender-Based Violence- Forms and Harm
- Reproduction of offline realities and OGBV
- Invisible harms and lifelong fear
- Recognizing the Online Public Sphere
- Public-private dichotomy and OGBV
- Legal implications of blurred boundaries
- Role of Social Media in OGBV
- Virality, abuse, and grievance redressal
- Issues with content moderation by platforms
Part 1 - Intersectionality
- What is Intersectionality?
- OGBV at the Intersections - Gender
- Gender and sexual orientation
- Gender and religion
- Gender and caste
- Gender and race
- Relevance of and Necessity for an Intersectional Perspective in Law
This chapter enumerates the various rights that are affected by online gender-based violence (OGBV) and how they need to be understood or interpreted in the digital age to provide redress and remedy to victims. For each right, its normative basis within the Indian Constitution as well as international documents, such as treaties, conventions, United Nations resolutions, etc., are discussed to provide guidance for interpretation and application in OGBV cases.
- Right to Access the Internet
- Right to Safe Online Spaces
- Right to Freedom of Expression
- Right To Public Participation
- Right to Information and Knowledge
- Right To Equality and Non-Discrimination
- Right to Privacy