Inadequacy Of Laws Dealing With Revenge Porn In India

Mani Abinaya K., School of Law, Christ University & Janani SU, School of Excellence in Law

ABSTRACT

Digitalization and technological advancements have created a great impact on mankind. And in recent times, millennials are more inclined towards the virtual world, which turns out to be a boon on one hand, but with the surging crimes in the online space, it has become a ban on the other hand. This development also helps offenders to commit crime using new methods.

On the heels of a failed relationship, one of the many problems that the woman might face is the sharing of intimate information that was privy only to her partner at that time. Revenge porn is the practise of posting and distributing sexually explicit images and videos of an ex-partner on any online platforms to seek revenge after a break up. Perpetrators of this non-consensual pornography deprive the constitutional right of privacy of the victims. This cybercrime deeply impinges upon the sexual privacy of an individual and the majority of victims are women and girls. The victims are often threatened with sexual assaults, real life stalking and harassment thus facing social ostracism and emotional distress. Non-consensual pornography is a form of sexual and psychological abuse and is a serious offence. The present laws do not head on deal with this issue and they do not ensure that the victims get the appropriate remedy. This paper addresses the impact of revenge porn on the lives of the victims and also addresses the lack of appropriate legal response to this issue. This paper also brings out the need for a separate statute to deal with this issue and suggests ways to frame stringent legal framework in India.

Keywords: Revenge porn, cybercrime, lack of remedy, need for separate statute, non-consensual pornography.