INTRODUCTION: With the launch of a website that allowed users to upload nude/naked images in 2010, the practice of revenge porn, which is meant to inflict pain or hurt on others, gained international prominence. The website, dubbed “Is Anyone Up,” was shut down in 2012 after a huge number of photographs were published by ex-lovers who linked the person in the image’s social media profile links, resulting in revenge porn.

This technique is progressively making its way into India, but we do not have a formal regulation in place to regulate it. We deal with it in accordance with the basic statutes. If you are one of these victims, do not fear; this article will assist you and inform you of the legal options available to you. While this is not legal advice, here’s what you should do if you ever find yourself in a scenario like this.

WHAT IS REVENGE PORN?: In simple terms, it is more like image-based sexual abuse, which is more commonly referred to as revenge porn. Even by pornographic standards, participation requires two willing individuals, so revenge porn is not consensual. It usually occurs between partners who, while their relationship was good, shared personal or intimate photographs and videos, which were later used as blackmail or done out of spite to injure the other person after a break or quarrel. As a result, when the relationship becomes tense, one of the former partners threatens or blackmails the other by releasing the photographs or videos in public or to their family members.

This type of non-consensual pornography includes posting and sharing material on the internet, pornographic websites, social media, and email, among other things. The motive could be as simple as feelings of betrayal or the desire to retaliate for harm done to them. However, this does not excuse such behavior. People that engage in such behavior are frequently of poor character and have little empathy for others.

In this digital age, and in light of our society, punishing women has become a simple way for males to satisfy their wounded egos and masculinity. Many rapes and sexual assault movies are purchased and sold as a result of this. Our patriarchal society’s social construct has prompted males to punish women for being in relationships, being sexually active, quitting them, or even refusing sex while in a relationship because of the social construct. Despite the fact that this retribution instrument is gender-neutral, the majority of victims are women.

STATISTICS: Because revenge pornography has not yet been recognized as a crime by Indian law, there are no official statistics on it. It does, however, exist and is a real thing. Between 2012 and 2014, there was a 104 percent increase in the amount of obscene information shared online, according to data from the National Crime Records Bureau. Only 35% of victimized women reported their cases, according to a 2010 cyber-crime report, and 18.3 percent of women were unaware they had been abused.

The concept of victim shaming is very popular in India, which is often the cause for not reporting such crimes. This discourages the victim from pursuing their case, making their efforts both ineffective and dangerous. Another reason is that the victims are not made to feel at ease while sharing and exhibiting the male cops the sexually explicit content in question. It also sets off a sequence of questioning and blame-shifting about why the victim exchanged such sensitive information with the defendant in the first place. This not only lowers the victim’s morale but also prevents them from taking any further action.

Furthermore, the law does not require that such instances be handled by a female officer. In such delicate situations, the victim is slut-shamed and exposed to the wrath of society. Even though certain legal mechanisms are in place, it is the social construct and shame culture that surrounds women’s sexuality, as well as the fear of being judged, that causes them to suffer silently. Many of these individuals are forced to commit suicide after being shunned by their families and friends for coming out.

WHAT ARE VICTIMS’ LEGAL OPTIONS?: When a judge in the East Midnapore district found in favor of his 20-year-old lover, a 23-year-old male from West Bengal was sentenced to five years in prison and a fine of Rs. 9,000 in a historic case in March 2018. The man was accused of blackmailing his ex-girlfriend by sharing a sexually explicit video of her after their relationship ended. Sections 354A, 354C, 354, and 509 of the Indian Penal Code, as well as Sections 66E, 66C, 67, and 67A of the Information Technology Act, were utilized to condemn the accused in this case. Victims have also used Section 499 of the Indian Penal Code, which deals with criminal defamation, in other situations.

For the purposes of the IPC, the act of revenge porn is punishable under Sections 292, 354C, 499, and 509. The following are the key provisions and what they entail:
1.) 292: Obscene material distribution or circulation.
2.) 354C: Photographing or disseminating images of a lady performing a private act without her agreement.
3.) 499: Act committed with the intent of harming or having grounds to believe harming an individual’s reputation or character.
4.) 509: Act meant to offend a woman’s modesty.

Sections 66E, 67, 67A and 72 of the IT Act make it illegal to engage in revenge pornography. The following are the key provisions and what they address:
1.) S.66E: Invasion of privacy; electronic publication or transmission of obscene material.
2.) S.67: Electronic publication or transmission of material involving sexually explicit acts, etc.
3.) S.67A: Publishing sexually explicit acts on electronic material.
4.) S.72: Invasion of privacy and secrecy.

Other laws, such as Sections 4 and 6 of the Indecent Representation of Women (Prohibition) Act, 1986 (IRWA), which prohibits the publication of images (among other things) that feature indecent representations of women, also apply in such instances. Depending on the facts and circumstances of the case, extra provisions of other statutes may be used.

CONCLUSION: It is now critical for India to consider this not just as a significant threat to those who have been victimized through this medium, but also as a test of how cautious one can be in a relationship or even a marriage. Every day, it appears that the world is growing less secure, and we are running out of options for repairing the many harms inflicted on victims of sexual abuse and harassment, both in-person and online.

BIBLIOGRAPHY: https://www.newindianexpress.com/cities/chennai/2020/jan/26/dealing-with-revenge-porn-2094621.html

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