Justice In Digital Era: Analysing Legal And Systemic Challenges In Online Gender-Based Violence

Abstract

The proliferation of information and communication technology (ICT) has transformed societal interactions, but it has also facilitated the migration of patriarchal structures into the digital domain, manifesting as online gender-based violence (OGBV). This article critically examines judicial responses to OGBV in India, highlighting the interplay between legal provisions and systemic challenges. By exploring landmark cases such as Suhas Katti (2004) and Ritu Kohli (2001), the article underscores the judiciary's evolving role in addressing emerging cybercrimes, including cyberstalking, non-consensual image dissemination (NCII), and photo morphing. It critiques judicial and investigative inadequacies, such as outdated statutory frameworks and insufficient technical training for investigating officers, which undermine effective adjudication of OGBV cases. Additionally, it addresses the judiciary’s struggle with entrenched patriarchal biases, evident in lower court verdicts that often overlook the continuum of online-offline harms. Notably, the article emphasizes the potential of recent judgments which advocate for victim-centric approaches, intermediary accountability, and technological interventions to combat NCIID. Despite strides in judicial awareness and proactive guidelines, the article identifies systemic gaps, including the absence of specialized laws for crimes like doxing, cyberbullying, and gendered hate speech. It calls for comprehensive legal reforms, enhanced investigative capabilities, and gender-sensitized adjudication to effectively address OGBV. The discussion highlights the urgent need to bridge the digital justice gap by aligning legal mechanisms with the realities of the digital era, ensuring women’s rights are upheld in cyberspace.