VOYEURISM

 VOYEURISM AND INDIAN LAW

Recently Chandigarh University has witnessed an unapologetic situation in the girls' hostel. This situation was of voyeurism in which videos of girls’ washrooms were leaked. Such moments are heartbreaking for anyone who sends their wards to an education institute considering it a place with high security. 

WHAT IS VOYEURISM 

Voyeurism is the criminal act of covertly viewing a person with or without a camera; where a person has a reasonable expectation of privacy like at home or public washroom. As per NCRB (National crime records Bureau) 2019 data; there is a significant rise in cases registered. 

It is a condition when a person comes under a situation in which his or her dignity is under the voyeur’s hand; more than physical it is mental harassment. This can happen through picture clicking, video recording or putting the camera in a trial room or washroom and distribution of such images or videos.

INDIAN LAW ON VOYEURISM 

Before the year 2013, there was the absence of a stringent provision to combat the offences against women. Nirbhaya case was eye-opening for India and that case brought up the inadequacy and incompetency of Indian law in highlight. 

That unfortunate incident brought some amendments highly needed in Indian law regarding crimes in congruence with present circumstances. Under the chairmanship of former Chief Justice of India J.S. Verma, a committee was set up to curb such crimes. 

On the Recommendation of JS Verma's committed report, the Criminal Law (Amendment) Act 2013 was passed. This particular amendment introduced voyeurism as an offence in India under Section 354C of IPC, 1860. the Doctrine of Reasonable Expectation of privacy is the concept of voyeurism.

In the landmark case of K. Puttuswamy v. UOI (2017), Justice D. Y. Chandarchud recognized this doctrine. He quoted that “While the legitimate expectation of privacy may vary from the intimate zone to the private zone and from the private to the public arenas, it is important to underscore that privacy is not lost or surrendered merely because the individual is in a public place. Privacy attaches to the person since it is an essential facet of the dignity of the human being.” 

Thus, the privacy of the person does not depend on the fact that whether it is a public or private area but on the fact whether the person believes to be in a private space where there is no reasonable apprehension of being seen or not.

SECTION 354C OF THE INDIAN PENAL CODE

As per Section 354 C of IPC, voyeurism is a crime committed by men only against women. This law is not general neutral and is a special provision for women. Here Section 354C of IPC fails to be congruent with the present situation as recently a minor boy was gang raped in Delhi’s Seelampur area. 

Higher is the chance that voyeurs are not only present for females but are also for males. Gender should not be the criterion to decide the limit when it comes to dignity. Men also deserve the same respect as a woman does. The idea should be of equality to both, neither feminism nor patriarchy.

HOW TO CONTROL VOYEURISM

To combat any kind of crime regarding such sensitive matter there should be some minimum practices observed in regularity, some are:

• Loopholes in law should be rectified 
• Public awareness and support for victims regular 
• Regular inspection to find the hidden cameras
• Maintenance of anonymity and speedy resolution of the case
• Stringent regulations to be followed by websites while uploading content

WAY FORWARD

As the mobile has reached every household, the internet has also gone hand in hand. This has converted the world into a small village but the cyber world expanded largely. The chances of misuse of images and videos and ruining the reputation of the victim are high.

As the technology advanced by leaps and bounds laws should also get stringent in the same ratio to avoid future mishap to occur. Sluggish ways to resolve such crimes should be overcome by speedy resolutions.

-BHAVNA GEED.

Ten natural ways to suppress appetite

How to Maintain pH Balance

Hypothermia (Low Body Temperature)

Vitamin C