{"id":637,"date":"2023-08-20T07:39:48","date_gmt":"2023-08-20T07:39:48","guid":{"rendered":"https:\/\/projects-dev.itforchange.net\/online-violence-gender-and-law-guide\/?page_id=637"},"modified":"2023-10-25T19:20:59","modified_gmt":"2023-10-25T19:20:59","slug":"5-6-right-to-equality-and-non-discrimination","status":"publish","type":"page","link":"https:\/\/projects.itforchange.net\/online-violence-gender-and-law-guide\/module-5-rights-based-approach-to-online-gender-based-violence\/5-6-right-to-equality-and-non-discrimination\/","title":{"rendered":"5.6 Right To Equality and Non-Discrimination"},"content":{"rendered":"
Navigate:Online Gender-based Violence Judicial Resource Guide<\/span><\/a><\/span><\/div><\/div><\/div><\/div><\/div><\/div>
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\n\t\t\t\t\t\t\"\" 5.6 Right To Equality and Non-Discrimination\t\t\t\t\t\t<\/h1>\n\t\t\t\t\t\t\t\t\t\t\t
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The right to equality on the internet can include equal access to the internet as well as the right to be treated equally and without discrimination while using the internet. Women and gender minorities are often discriminated against on the internet based on their identity. This can be in the form of online content that promotes gender stereotypes and\/or through exposure to frequent online violence in the form of surveillance, harassment, stalking, identity theft, etc.1<\/a><\/sup>Internet Content and Equality between Men and Women<\/i>. (n.d.). Council of Europe. https:\/\/www.coe.int\/en\/web\/portal\/internet-and-equality<\/a> <\/span> Gender-based hate speech is a pervasive problem faced by women and gender minorities, especially those at the intersections of multiple and overlapping marginalized identities. Gender-based hate speech is usually generated by and, in turn, engenders, biased stereotypes, patriarchal attitudes, and toxic political contexts. Prevalence of such speech makes online spaces hostile and restrictive for women, and impacts their freedom to express themselves in an uninhibited manner.<\/p>\n

Further, the content that women post online is more likely to be shared without their consent, or be a trigger for targeted attacks against them. Women are, therefore, extremely cautious about what they post online and often police themselves, thus making their experience of the internet extremely different from that of cis-gender males.<\/p>\n<\/div>\n<\/div><\/div>

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5.6.1 Constitutional source of the right<\/h3>\n

Article 14 of the Indian Constitution guarantees everyone the right to equality. Further, Article 15 guarantees the right to non-discrimination on the grounds of one\u2019s sex, while Article 15(3) empowers the state to make special provisions for the advancement of women and children. In NALSA v. Union of India (2014)<\/i>,2<\/a><\/sup>NALSA v. Union of India<\/em>, (2014) SCC 438. <\/span> the Supreme Court held that sex under Article 15 does not only refer to the biological attribute of being male or female. As such, the Article prohibits discrimination on the grounds of gender identity as well.<\/p>\n

Securing the right to equality is essential to enjoying one\u2019s freedom of expression under Article 19. The protection of equal rights and freedoms under Articles 14 and 15 is also essential for the realization of the right to life and personal liberty under Article 21 of the Constitution. In other words, violation of the right to equality, whether offline or online, leads to the automatic infringement of the other two rights.<\/p>\n

The Madras High Court in Present Petition Has Been\u2026 v. Unknown (2020)<\/i>3<\/a><\/sup>The Present Petition Has Been ... v. Unknown, <\/i>Crl. O.P. No.12604\/2020, judgment dated 27 April 2021, Madras High Court. <\/span> and P. Saravanakumar<\/i> v.<\/i> State Rep. (2010)<\/i>4<\/a><\/sup>P. Saravanakumar<\/i> v.<\/i> State Rep.<\/i>, Crl.O.P.No.232 of 2013, order dated 5 August, 2019, Madras High Court. <\/span> recognized that online violence limits women\u2019s freedom of equality and right to dignity as enshrined in the Constitution. In the former case, the court also recognized the linkages between Articles 14, 19, and 21, when it observed that online violence denies the affected women\u2019s right to equal participation in the online space and impinges on their constitutionally guaranteed freedom and dignity.<\/p>\n

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5.6.2 International sources of the right<\/h3>\n

5.6.2.1 Conventions<\/h4>\n