Authored By : Syeda Khizra Rizvi
We are presently living in the fastest growing world where the change happens every now and then. Nevertheless, the plight of the women in our society is still not changing in such a pace. We come across heinous crimes happening around us very frequently on the women but we don't give a tinker's damn unless it is upon us. The concept of pride and honor is very much prevalent here to such an extent that even the family kills their kin and kith on the sake of honor killing.
sexual abuse, Harassment, digital crimes.
Introduction of Voyeurism as offence in the Indian Penal code, 1860 under section 354C and certain changes in information technology can bolster the women safety in our society to standard extents. It is in the year 2012, when the Delhi gang rape case shook the entire nation and a lot of protests and outrage happened. That's when a special committee named Justice verma committee was constituted to probe into the women related laws. According to the report given by the committee The Criminal Law (Amendment) Bill, 2013 was introduced to amend the residing provisions in criminal law with regard to improve the safety of women.
Various new offences like, acid attack, sexual harassment, voyeurism, stalking have been incorporated into the Indian Penal Code. The intrusion into private space of the victim without his/her permission where the victim expects no one to watch him/her while executing such an act is known as voyeurism. A voyeur is generally defined as:
· a person who derives sexual gratification from the covert observation of others as they undress or engage in sexual activities privately.
· Essential factor of voyeurism is that the person being watched doesn't know they're being watched or observed. The person is mainly in a place where they have a reasonable expectation of privacy, such as their home or other private area.
· At present we are living in a digital time where people are closely connected through the internet and mobile lines. Especially due to the rise of smart phones and cheap internet prices a majority of people are able to access the internet easily. Many digital revolutions also took place such as Jio's data revolution which made internet available to everyone. Due to these rapid change’s IT (Information and Technology) ACT, 2000 came into effect which covers various cybercrimes.
The electronic voyeurism is also defined under this act. The separate section has been introduced in the IT Act, 2000 by Information Technology Amendment Act, 2008 by the influence of Section 1801 of Video Voyeurism Prevention Act of 2004 a Federal Law of USA dealing with the felonious act of video voyeurism respectively.
After a heinous gang rape case of a 23-year-old woman; Justice Verma Committee was formed by the dint of which Criminal Law Amendment Bill, 2013 was brought into force. The Committee's report looks at privacy in tandem with other jurisdictions where the right to privacy is looked at as a right to personal development and autonomy offering a zone of interaction even in public spaces.
Acid attacks would be penalized by up to seven years if imprisonment; trafficking will be punished with RI for seven to ten years. Several sections of Indian Penal Code (IPC) were revised and amendments were made in the Code of Criminal Procedure (1973), the Indian Evidence Act (1872) and the Protection of Children from Sexual Offences Act (2012). Many new provisions were made and new offences such as acid attack, sexual harassment, voyeurism, stalking have been constituted into the Indian Penal Code.
Casual voyeurism can become serious in nature if someone take certain steps which violates the privacy of an individual and if such interests are uncontrollable for oneself.
They may be a cause for concern if someone:
· violate a person's expectation of privacy in their home, a locker room, or a similar area watch a person engage in sexual activity without their consent begin filming or photographing another person without their permission enter an area illegally in order to watch people feel frustrated or stressed when you can't engage in these behaviors experience feelings of guilt after engaging in these behaviors can't get sexually aroused without observing others can't resist voyeuristic activities, even when they're detrimental to your well-being.
· This kind of Voyeuristic disorder requires a diagnosis treatment from a mental health professional.
· They'll look for certain things before making a diagnosis, such as:
· having recurrent and strong desires to watch people — including those who are naked, disrobing, or engaged in sexual behaviors-without their consent
· experiencing these desires for more than six months continuously
· feeling that these desires get in the way as a barrier of their social or professional life
Therefore, it's vital to analyze the diagnostic criteria and contributing factors that may change over time or with age. Furthermore, childhood sexual abuse, substance misuse, and hyper sexuality have all been suggested as risk factors in this scenario.
In spite of the numerous legal provisions made to punish the culprits who commit offences against the women, the cases relating to the women (such as rape, outraging the modesty of a woman, sexual harassment, dowry deaths, etc.) are shooting up at a high pace rapidly.
The privacy and keeping their personal information private is also a significant part of the security of people. The criminalization of stalking, acid attacks and voyeurism give some confidence to the citizens that their privacy rights are being protected. Right to Privacy is the very basic right and is the facet of Right to life which is a fundamental right of every citizen constitutionally. The sending of an MMS recording the private area of any person thereby violating of his privacy under the parameters detailed under Section 66E of the IT Amended Act, 2008, would also be now brought within the ambit of penalty and punished with imprisonment as per law.