Digital Consent Of Women In India - A Socio- Legal Study Of Cultural Barriers And Online Vulnerabilities

Author: LawSphereX

Category: Technology, Cyber & Privacy

Published: 2026-08-23T19:16:42.31718+00:00

Updated: 2026-08-26T17:11:32.997+00:00

DIGITAL CONSENT OF WOMEN IN INDIA: A SOCIO-

LEGAL STUDY OF CULTURAL BARRIERS AND ONLINE

VULNERABILITIES

Aarushi, Guru Nanak Dev University

ABSTRACT

This paper examines the concept of digital consent for women in India and its socio-legal dimensions. This paper provides insights about how deeprooted cultural and social norms including patriarchy suppress women’s digital autonomy. This paper also sheds light on how the legal framework of India is weak in enforcement and vague despite being governed by provisions under IT Act, IPC/BNS and Constitutional law. Drawing on various Judicial Interpretations and Doctrinal studies, it shows that digital consent is not only a matter of law but of empowerment and dignity. The paper ends by giving some recommendations about some social and legal reforms like separate legislation, grievance redressal body and a separate statutory body and more.

It argues that safeguarding women’s digital consent is essential for ensuring their broader constitutional rights to equality, privacy, and freedom of expression.

CHAPTER I – DIGITAL CONSENT AND LEGAL PROVISIONS : AN OVERVIEW

“There is no freedom without consent”-[inspired by Judith Butler]. 1 “Liberty consists in doing what one desires”-[by John Stuart Mill ]. 2 1. Introduction The internet has become an unimaginable and intrinsic part of our daily lives. People use it to learn, work, connect, and express themselves. As of 2023, there is an estimate of 5. 4 billion people (roughly two-thirds of world population) using the Internet3. However, while it brings many benefits, it also creates new dangers and warning signs especially for women. In India, many women are becoming victims of online crimes like cyberstalking, sextortion, and sharing of private photos or chats without their permission. Acc to NCRB. 4 Report 2022, Cyber Crimes against women increased 24. 4% in the same year (from 52,974 in 2021 to 65,893 in 2022). 5 This makes discussing this topic of digital consent especially for women very important.

But in India, many women are afraid to speak up due to fear, shame, or being blamed. Later Chief Justice A. S Anand cited in State of Punjab v. Gurmit Singh (1996)6 - “In the normal course of human conduct, this unmarried minor girl, would not like to give publicity to the traumatic experience she had undergone and would feel terribly embarrassed in relation to the incident to narrate it to her teachers and others overpowered by a feeling of shame and her natural inclination would be to avoid talking about it to any one, lest the family name and honour is brought into controversy. ” The court acknowledged how women's voices are suppressed by society especially when they are victims of serious offences. Even though laws like the IT Act. 7 and Indian Penal Code8 [now Bharatiya Nyay Sanhita9] 1See Judith Butler, Undoing Gender (1st edition, Routledge 2004).

2See John Stuart Mill, On Liberty, (1st edition, J W Parker and Son 1859), Chapter 1.

3 ITU, ‘Facts and Figures 2023’ (2023) ITU-D/STAT/2023/1

4 NCRB stands for National Crime Record Bureau

5 National Crime Records Bureau, Crime in India 2022: Volume II, (2023) Ch 9

6 State of Punjab v. Gurmit Singh AIR 1996 SC 1393

7 Information Technology Act 2000, section 66E and 67

8 Indian Penal Code 1860, section 354C, 354D and 509 (now repealed)

9 Bharatiya Nyaya Sanhita Act 2023, Act No 45 of 2023, assented to on 25 December 2023 and enforced from 1 July 2024, replacing the Indian Penal Code 1860.

exists to protect against online crimes, they are misunderstood by people due to lack of awareness. Justice R.F. Nariman cited in Shreya Singhal vs Union Of India.10 (2015) cited, “difficulty in defining a precise line between permissible uncertainty... and unconstitutional vagueness” that forces “men of common intelligence [to] guess at its meaning.”. The quote can show that even the judiciary acknowledges the law related to online crimes is unclear and creates confusion in the minds of the people.

2. Understanding Digital Consent

Digital consent generally means controlling all your activity and information in the Digital space or Online world. It also involves one’s liberty to make free and informed decisions about sharing and connecting online their personal information, data and identity. General Data Protection Regulation.

11 (GDPR), Article 4(11), 2016 - Digital Consent means “consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her” Another practical definition from the Social Media Research Institute12- describes digital consent as “an agreement between two parties to engage in a particular digital activity by reading and agreeing to terms and conditions” it provides light to right to control over sharing the information in the digital world by their rightful choice. In the Indian context, digital consent is supported by the Supreme Court’s ruling in Justice K. S. Puttaswamy v.

Union of India13, which held that the right to privacy is a fundamental right under Article 21 of the Constitution. This also includes control over one’s personal information online. So in simpler terms, it just means controlling all your personal information including its acceptance and denial of access online to others.

3. Legal Provisions governing Online Crimes in India

In India, online crimes against women are governed by a combination of two important statutes

10 Shreya Singhal v Union of India AIR 2015 SC 1523

11 European Parliament and Council, ‘General Data Protection Regulation (EU) 2016/679’ (2016) L119. Official Journal of the European Union, 33, art 4(11).

12 Social Media Research Institute, ‘Digital Consent’ (Social Media Awareness Dictionary, July 2025)

accessed 3 July 2025

13 Justice K.S. Puttaswamy (Retd.) v Union of India AIR 2017 SC 4161

The first one is IPC (Indian Penal Code).14 1980 [now repealed and replaced by BNS (Bhartiya Nyaya Sanhita)].15 And the Second statutory law is IT Act.16 (Information Technology Act, 2000).These laws collectively address various kinds of cyber crimes like voyeurism, stalking, transmitting obscene materials and many more.There are also some important constitutional rights given by Constitution of India17 upholding digital consent of women.The major provisions that especially relates to digital crimes against women in India and we will discuss in this paper are-

A. Indian Penal Code (IPC) (now replaced by Bharatiya Nyaya Sanhita, 2023 – BNS)

● Section 354C IPC — Voyeurism (now under BNS: Section 77 ) ● Section 509 IPC — Word, gesture or act intended to insult the modesty of a woman (now under BNS: Section 79 ) ● Section 354D — Stalking, including cyberstalking (now under BNS: Section 78)

B. Information Technology (IT) Act, 2000

● Section 66E — Punishment for violation of privacy ● Section 67 — Punishment for publishing or transmitting obscene material in electronic form

C. The Constitution Of India 1950

● Article 21 — Right to Life and Personal Liberty ( for Usage of Digital Spaces) ● Recognized to include the Right to Privacy (Justice K.S. Puttaswamy v. Union of India, 2017).18 ● Article 19(1)(a) — Freedom of Speech and Expression ( of Women in Digital Spaces)

14 ibid 2

15 ibid 2

16 ibid 2

17 The Constitution of India, 1950, Article 21, 19(1)(a) and 14

18 ibid 3

● Article 14 — Right to Equality( Of Women in Online Spaces)

CHAPTER II – DIGITAL AUTONOMY AND CONSENT ISSUES FACED BY WOMEN

IN INDIA

1. Digital consent for women in India While the definition of Digital consent applies universally for everyone but it has more emotionally deep and socio-cultural effect on women. There is no doubt that Indian society has always favoured patriarchy and undermines the rights of women. Justice S. Ravindra Bhat cited in case of Aparna Bhat v. State of Madhya Pradesh. 19 (2021)- “In a sense, this judgment is not as much about only the merits of the impugned conditions of the bail order, but is meant to address a wider canvas of (what appears to be) entrenched paternalistic and misogynistic attitudes that are regrettably reflected at times in judicial orders and judgments. ” It also implies how women’s digital usage is often controlled by their parents, rs, relatives, and society at large and this becomes a constant struggle for them. There are only 14.

6% households headed by women in India according to a report in (2015-16). 20 A recent writ petition Mrs X v Union of India and Ors 2023. 21Justice Subramonium Prasad

cited some key aspects related to what digital consent as- “NCII.22 is sexual content that is distributed without the consent of those who are being depicted in the said content... it may or may not be taken with the consent of the individual involved, however, its dissemination is largely meant to be non‐consensual and comes under the larger umbrella of cyber‐harassment.” The second issue he gave light upon is how it affects the mental health of the women who is the victim and repeatedly becomes vulnerable to the crime. A recent report by Centre for Internet and Society India.23 2024 also provides insights about

how women in India face non-consensual sharing of their images, videos and also other

19 Aparna Bhat v State of Madhya Pradesh AIR 2021 SCC Online SC 230.

20 UCSD EMERGE, India Patriarchy Index, (2021) Domain E – Socio-Economic Domination, p. 362

21 Mrs X v Union of India and Ors, W.P. (Crl.) 1505 of 2021, decided on 26 April 2023 (Delhi HC)

22 NCII stands for Non-Consensual Intimate Imagery

23Centre for Internet and Society, Online Gender-Based Violence on Short-Form Video Platforms, (2024) pg 4 .

cybercrimes like stalking, hacking on short video platforms. It also questions the safety that these platforms offer for the security of women is not standardized. There are different rules and expectations from women in society like shame, honour, respect, and customs which suppress the voices of women who are victims of these online crimes. They need legal and social protections as a fundamental requirement for their empowerment in the digital space. 2. Impact of Cultural and Social Norms on Women’s Digital Autonomy Freedom of women is not absolute, especially in the online world. It is often restricted on the basis of several social and cultural rules and customs especially in the rural areas. At first instance, they are not provided with phones but even if they have mobile phones their access is often limited by cultural expectations which violates their digital consent.

Families and society monitor their usage and discourage their freedom of expression to maintain their social image. BMJ Global Health. 242021- conducted a study in rural areas of India especially in Madhya Pradesh,which highlighted strong gender gaps in usage of mobiles and it also identified five major reasons and two of them were social expectations and cultural dependance on men. A Harvard Kennedy School study. 25 In 2018 has provided data on usage of mobile phones

which include 71% of men and only 38% of women in India.It provides us clear insights how Indian society controls women’s Digital Autonomy. SKY.26 Programme Evaluation.27 was initiated in 2021 based on the above study where the Chhattisgarh State govt initiated research between August and November 2018-in villages 24 Anita Raj and others, ‘Freedom within a Cage: How Patriarchal Gender Norms Limit Women’s Use of Mobile Phones in Rural Central India’ (2021) 6(Suppl 5) BMJ Global Health accessed 4 July 2025 25 Evidence for Policy Design, Harvard Kennedy School, A Tough Call: Understanding Barriers to and Impacts of Women’s Mobile Phone Adoption in India (2018) 1–35

26 SKY stands for Sanchar Kranti Yojana

27 Giulia Barboni and others, ‘Does Access Liberalise Gender Norms Around Phone Use? Evidence from the Sanchar Kranti Yojana in India’ (Ideas for India, 2021) accessed 4 July 2025

there. The research revealed four scenarios where women were subject to cultural norms especially relation to their marriage in usage and permission of using phones in India. Above studies clearly shows us how cultural and societal norms shape usage of mobiles for women and how there is an urgent need to break these barriers. Digital usage is a more of a right and a choice which provides new opportunities for women and empower them. 3. Online Vulnerabilities and Consent Violations Faced by Women In India While the Internet offers many opportunities to people and helps in their employment and empowerment, it has also become the place of harassment, exploitation and surveillance especially for women in India. Acc. to NCRB. 28 In 2022, the total number of cybercrime cases against women rose 11% from 2,587 in 2021 to 2,940 in 2022.

29 This included 2,251 cases involving publishing/transmitting sexually explicit material up from 1,896 in 2021. 30 Odisha became the state with most reporting of cybercrimes under Information Technology Act with

542 registered cases in India.31According to NCW.32 Reports, It received over 657 complaints

during (2023-2024) relating to cyber crimes. 33Women in India face threats such as Sextortion, Cyberstalking, non-consensual sharing of images and impersonation. These threats are just not merely technical breaches but also harm the autonomy, privacy and dignity of the women which is the essence of digital consent. In K. S. Puttaswamy v. Union of India. 34, Chief justice of India D. Y Chandrachud cited - “In a digital society an individual has the right to protect himself by controlling the dissemination of personal information, including biometric information. Compelling an individual to establish his identity by planting her biometric at multiple points of service violates privacy involving the person”. In another landmark case Navtej Singh Johar v. Union of India.

35(2018), the Supreme Court cited- “In its conclusion, the Court held that all persons have a right to a “sphere of private intimacy and autonomy that allows [them] to establish and nurture human relationships without interference from the outside community”. Even if this case was about sexual orientation, this observation can extend to digital autonomy

28 supra 2

29 supra 2

30 supra 2

31 supra 2

32 NCW stands for National Commission for Women

33 National Commission for Women, Annual Report 2023-2024 (2024) ch 2, p 6

34 Supra 3

35 Navtej Singh Johar v Union of India AIR 2018 SC 4321

and consent of women and non consensual sharing, also invading women’s sexual and personal autonomy.

CHAPTER III – LAWS ON WOMEN’S DIGITAL SAFETY: SCOPE AND

SHORTCOMINGS

1.Legal Provisions Safeguarding Women’s Digital Consent in India While the first chapter provided an overview of the relevant legal provisions for protection of women, this chapter seeks to deep dive into the legal framework of India safeguarding the women’s digital autonomy in India. We can divide the Legal framework into three laws : (A). The Constitution Of India, 1950 (B). The IT [Information Technology Act], 2000 (C). IPC (Indian Penal Code).36 1980 [now repealed and replaced by BNS (Bhartiya Nyaya Sanhita)].

(A).THE CONSTITUTION OF INDIA, 195037 :

The constitution of India acts as a backbone or pillar of women’s digital rights in India. Article 21. , which guarantees Right to Life and Personal Liberty, also includes Right to Privacy under its umbrella as cited under K. S. Puttaswamy v. UOI. 38 (2017). 39, can also be enlightened to provide insights about women’s right of controlling their personal information with freedom and dignity even in the digital world. Article 14 ensures Right to Equality before the law, provides women equal right to access the virtual world without any discrimination as much they have in the physical world. As cited by Justice SB Sinha in Anuj Garg v. Hotel Association of India(2008).

40, “The Court's task is to determine whether the measures furthered by the State in form of legislative mandate, to augment the legitimate aim of protecting the interests of women are proportionate to the other bulk of well-settled gender norms such as autonomy, equality of opportunity, right to privacy et al”. Another insight is Shreya Singhal v UOI. 41

36 supra 2

37 supra 3

38 UOI stands for Union Of India

39 supra 3

40 Anuj Garg v Hotel Association of India AIR 2008 SC 663

41 ibid 7

(2015).42, a major judgement upholding Right of Freedom of Speech and Expression of women that also includes online expression which is essential for participation of women in society.

(B). IT (INFORMATION TECHNOLOGY) ACT, 2000.43

The Information Technology Act, 2000 acts as a primary legislation governing cyber laws in India. While the act is primarily focused on addressing cyber crimes and ensuring secure digital transactions, it also contains punishments for online abuse and harassment faced by women. In this act, two sections are debated, 66A and 67 in particular. Section 66A, which criminalized offensive online communication, has been struck down by Shreya Singhal v. UOI. 44 (2015) which was an important aspect of protecting women’s digital consent and harassment. In contrast, Section 67 continues to provide legal protection against the circulation of obscene material in electronic form and plays important aspect in addressing online sexual harassment, non-consensual content, and digital abuse and harrasment experienced by women. (C). IPC (INDIAN PENAL CODE).

45 1980 [now repealed and replaced by BNS (Bhartiya Nyaya Sanhita)]. 46 The Indian Penal Code includes specific provisions relating to crime against women in India, which are now increasingly applied to crimes happening in the virtual environment too. Section 354C criminalizes voyeurism, which includes the capturing or sharing of non-consensual women engaged in a private act. These cases are particularly related to leaked MMS47 and hidden camera recording. Section 354D deals with stalking which also covers aspects of online stalking including contact, messaging, covering repeated contact and surveillance causing online harassment to women. These two section's importance in addressing Digital Consent is highlighted in the case of Dasari Srikanth v. State of Telangana. 48, (2024). Additionally, The Madras High Court also highlighted the application of section 509 IPC.

49 to criminalize the acts to outrage modesty of women especially including obscene material dissemination over

42 supra 2

43 supra 2

44 ibid 7

45 supra 2

46 supra 2

47 MMS stands for Multimedia Messaging Service which means “sharing of multimedia content (specially

images or videos) via mobile networks, often without the consent of the person featured. 48 Dasari Srikanth v. State of Telangana (2024), Criminal Appeal No 2122 of 2024 (SC), decided on 15 May

49 IPC stand for Indian Penal Code

online spaces in case of Suhas Katti v. State of Tamil Nadu.50 (2004). Although all the above provisions were not originally meant for online crimes but with the advancement of crime in online spaces, it covers criminal acts in the digital world too. 2.Limitations of the Current Legal Framework in Addressing Digital Harms “Justice is not cloistered in a cave ; it must be seen to be done in the real world”.51

BY- JUSTICE KRISHNA IYER

This quote relevantly speaks the voice of many women out there whose digital consent has been violated and the judiciary is completely silent on it. Although no doubt we studied the presence of many legal provisions for safeguarding rights of women, where it lacks is in its interpretation and enforcement of these laws. Dr BR Ambedkar in one of the constituent debates said that “ The constitution is nor merely a lawyer's document, it’s a vehicle of life”. 52. But the constitutional laws are unable in protecting digital rights and autonomy of women. Even the provisions in the IT. 53 Act and IPC. 54 are so vague in addressing the issue that it created confusion in the minds of victims. In the case of Mrs X v. UOI. 55 (2021). 56Hon’ble Mr.

Justice Anup Jairam Bhambani cited, “While the Defendant-platforms are raising issues in respect of comity of Courts, conflict of laws and the right of freedom of speech and expression under Article 19(1)(a), ... The balance is always hard to seek, however, Courts can only endeavour to strike the balance. Ld. Counsels for the parties have rightly raised various concerns on both sides. This Court has to implement the statute in its letter and spirit”. Another example is the case of Shreya Singhal v. Union of India. 57 (2015), where section 66A of the IT. 58 act was struck down for being vague and creating confusion in the minds of the people.

Dasvinder Singh59 (2024) in his research, Highlights very important issues like there is no provision of compensation, separate legislation, a specific test to determine obscenity, the definition of personal data under the act is abstract, and the confusions between the different

50 Suhas Katti v. State of Tamil Nadu (2004) CC No 4680 of 2004

51 V.R. Krishna Iyer, Law and the People (1st edn, Deep & Deep Publications, 1980) Vol 1

52 B.R. Ambedkar, Constituent Assembly Debates (Lok Sabha Secretariat, 1999) Vol XI

53 IT stands for Information Technology

54 IPC stands for Indian Penal Code

55 supra 7

56 supra 4

57 supra 2

58 ibid 9

59 Dasvinder Singh, ‘Cyber crimes against women in India a socio legal study’( Doctorate in Philosophy of Law, Punjab University Chandigarh 2024)

nature of penalties in IPC.60 and IT Act. Thus, even though it appears to have a strong legal framework it appears to be theoretical in nature rather than being substantive law.

CHAPTER IV – CONCLUSION AND RECOMMENDATION

After reading the above implications on women digital autonomy, we clearly know shedding light on this matter is a very significant and fundamental requirement. Even if India’s legal framework has been established, it is not up to the mark to protect women from indecent cultural norms, societal barriers and crimes in either to access or use digital spaces. Several change s are needed in the legal framework as well as societal mindset about digital consent of women. Some of the important recommendations and reforms that are in need are: (a). Public Awareness Programmes in societies to promote gender literacy especially through NGO61s. 62 Acc to UNICEF. 63 Report - closing the digital gender gap offers a $524 million increase in the economic activity over the next 5 years. 64 (b). A Separate Policy and legislation for laws infringing digital consent. 65 (c).

A Separate Grievance Redressal System at domestic level. (d). Sensitization programmes about Digital Literacy, Privacy and Online Harassment should be included in school curriculum. (e). There is no statutory body for addressing this issue which should be established immediately. (f). The last one is of the latest growing concerns regarding use of deepfakes especially in pornographic content online which has not been penalised under any law currently. If the effective steps are not taken to this crisis, this problem will start covering crores of women every year in India and the digital autonomy of women will be compromised at the notions of society and law. Every women has the right of digital consent which needs to be

60 ibid 9

61 NGO stands for Non Governmental Organisation

62 National Commission for Women, Annual Report 2020-2021 (2021) ch 6, p 41

63 UNICEF stands for United Nations International Children’s Emergency Fund

64 UNICEF, Advancing Girls’ Education and Gender Equality through Digital Learning, (2023) Page 2

65 supra 5

respected and not violated includes core part of their right to life with freedom, peace and dignity.