Lok Sabha Question No. 158 (STARRED), answered on 2019-07-02
Subject: Harassment of Women on Social Media
Ministry: HOME AFFAIRS
Asked by: Gajanan Chandrakant Kirtikar

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA

## STARRED QUESTION NO. *158

TO BE ANSWERED ON THE 02 ND  JULY, 2019/ ASHADHA 11, 1941 (SAKA )

HARASSMENT OF WOMEN ON SOCIAL MEDIA

*158. SHRI GAJANAN KIRTIKAR: SHRI SUDHEER GUPTA:

Will the Minister of HOME AFFAIRS be pleased to state:

(a) whether  cases  of  sexual  harassment  and  blackmailing  of  women  after befriending them on social media are increasing in the country;

(b) if  so,  the  details  thereof  and  the  number  of  such  cases  reported  during each of the last three years and the current year;

(c) whether the police/authorities are not able to tackle such cases properly due to weak cyber laws in the country and if so, the details thereof;

(d) whether the Government proposes to bring stringent cyber laws to tackle such problems effectively; and

(e) if so, the details thereof and the steps taken in this regard?

## ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI G. KISHAN REDDY)

(a) to (e): A statement is laid on the Table of the House.

## STATEMENT IN REPLY TO THE LOK SABHA STARRED QUESTION NO. *158 FOR 02.07.2019

(a) & (b): 'Police'  and  'Public  Order'  are  State  subjects  as  per  the Constitution  of  India.    States/UTs  are  primarily  responsible  for  prevention, detection, investigation and prosecution of crimes through their law enforcement machinery. The law enforcement agencies take legal action as per provisions of law against persons involved in misuse of social media for sexual harassment and blackmailing of women.

Specific  data  regarding  cases  of  sexual  harassment  and  blackmailing  of women after befriending them on social media is not centrally maintained.

(c), (d) & (e):  Safety and security of women in the country has been accorded utmost priority by the Government. Following legal provisions are available to deal with cases of sexual harassment and blackmailing of women:

- (i)   Indian  Penal  Code,  1860  has  stringent  provisions  regarding  criminal intimidation (section 503), Assault or criminal force to woman with intent to outrage  her  modesty  (section  354),  Extortion  (section  383,  384),  Rape (section 375, 376), Gang rape (section 376D), etc.
- (ii)  Information  Technology  (IT)  Act,  2000  (21  of  2000)  has  provisions regarding  cheating  by  personation  (section  66D),  violation  of  privacy (section 66E), publishing or transmitting  obscene  material  in  electronic

## L.S.S.Q.NO. 158 FOR 02.07.2019

form (section 67), publishing or transmitting material containing sexually explicit act, etc. in electronic form (section 67A), publishing or transmitting  material  depicting  children  in  sexually  explicit  act,  etc.  in electronic form (section 67B) etc.

- (iii)  Rule  3  (2)  (b)  of  Information  Technology  (Intermediaries  guidelines) Rules,  2011  provides  for  an  obligation  for  Intermediaries  (Social  media platforms)  to  inform  users  of  computer  resources  not  to  host,    display, upload, modify, publish, transmit, update or share any information that is obscene,
- grossly harmful, harassing, blasphemous defamatory, pornographic, pedophilic, libelous, invasive of another's privacy, etc.
- (iv)    The  Criminal  Law  (Amendment)  Act,  2018  provides  stringent  penal provisions including death penalty for rape of a girl below the age of 12 years.  The  Act  also  inter-alia  mandates  completion  of  investigation  and trials within 2 months each.

Central Government has taken following additional measures to strengthen women safety, specifically in the context of misuse of cyberspace:

- (i)  An  online  analytic  tool  for  police  called  'Investigation  Tracking  System for Sexual Offences' has been launched to monitor and track time-bound investigation  in  sexual  assault  cases  in  accordance  with  Criminal  Law (Amendment) Act 2018.

## L.S.S.Q.NO. 158 FOR 02.07.2019

- (ii)  'National  Database  on  Sexual  Offenders'  (NDSO)  has  been  launched to facilitate  investigation  and  tracking  of  sexual  offenders  across  the country  by  law  enforcement  agencies.    NDSO  has  data  of  over  5  lakh sexual offenders.
- (iii)   A scheme namely Cyber Crime Prevention against Women and Children (CCPWC) has been approved under which an online cybercrime reporting portal  (www.cybercrime.gov.in)  has  been  launched  to  enable  public  to report complaints pertaining to Child Pornography / Child Sexual Abuse Material,  Rape/Gang  rape  imageries  or  sexually  explicit  content.  Steps have  also  been  taken  to  spread  awareness,  issue  of  alerts/advisories, training of law enforcement agencies, improving cyber forensics facilities,  etc.  These  steps  help  to  prevent  such  cases  and  speed  up investigation.
- (iv)  Awareness generation programmes and publicity campaigns are done on various laws relating to women and their rights through workshops, cultural programmes, seminars, training programmes, advertisements in print and electronic media etc.
- (v)  A handbook on Cyber Safety for Adolescents/ Students has been released (Copy  available  on  www.cybercrime.gov.in  and  www.mha.gov.in)  and sent to all States/ Union Territories for wide circulation.
- (vi)    Cyber  Crime  awareness  campaign  has  been  launched  through  twitter handle (@CyberDost) and radio across the country.

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