Neutral Citation Number: 2023:DHC:2806
depicted in the said content. This content 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 cyberharassment. Such distribution, more colloquially known by the term
“revenge porn”, causes psychological damage to the victim and subjects
them to social ostracization and humiliation that can seriously impact the
mental health of the victim. This Court will, however, refrain from using the
term “revenge porn” as it is merely a subset of NCII and NCII encompasses
a larger number of scenarios in which such content may be distributed. The
individual whose images are shared without their consent are perceived by
the public to be deserving of the violation of their privacy and bodily
integrity. Further, the same level of gravity that is attached to a crime like
molestation/sexual harassment is not assigned to NCII abuse as the public in
general finds it difficult to conceptualize its negative impact on account of
the fact that the victim’s physical person remains unharmed. However, what
such conceptualization tends to ignore is that victims of NCII abuse face
significant life disruptions, such as loss of job, being turned away by their
families, etc, which in turn radically affects their mental health. In a 2013, a
self-selected study conducted by the Cyber Civil Rights Initiative on Nonconsensual Pornography (NCP), it was found that 93% of NCII abuse
victims suffer significant social distress, 51% experience suicidal thoughts,
and 82% experience social or occupational impairment.
14.
With an increasing number of cases of NCII abuse in a
simultaneously advancing digital community as well as keeping in mind that
we are currently living in the digital age where accessibility to internet is
becoming easier which is in turn leading to diverse and new forms of
violence being perpetuated, this Court deems it necessary to conduct the
Signature Not Verified
Digitally Signed
By:SHAZAAD ZAKIR
Signing Date:26.04.2023
17:19:50
W.P.(CRL) 1505/2021
Page 14 of 88
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