Are Digital Threats Considered Domestic Violence?

With the rise of digital communication and social media, the nature of domestic violence has expanded to include online threats, harassment, and cyberbullying. While physical abuse is easier to recognize, digital threats and online abuse are becoming increasingly common forms of emotional and psychological harm, particularly in the context of domestic violence.

In India, digital threats can indeed be considered a form of domestic violence, and victims are entitled to legal protection under existing laws, including the Protection of Women from Domestic Violence Act (PWDVA) and cyber laws. These digital threats may include harassing text messages, abusive emails, social media posts, or even threats of physical harm communicated online.

Digital Threats as Domestic Violence:

The Protection of Women from Domestic Violence Act (PWDVA), 2005 recognizes domestic violence as more than just physical violence. The law defines domestic violence as:

• Physical abuse (hitting, slapping, etc.),
• Sexual abuse,
• Emotional or mental abuse (including threats, insults, and humiliation),
• Economic abuse (controlling finances),
• Verbal abuse (abusive language, yelling).

While digital threats may not leave physical scars, they are a form of emotional abuse, which is recognized under the Act. Digital threats may include:

• Threats of harm or death via social media platforms, emails, or text messages.
• Harassment through persistent and unwanted communication (such as messages or calls).
• Stalking or monitoring through digital means.
• Cyberbullying, such as posting degrading or humiliating content online.

Legal Provisions for Digital Threats in Domestic Violence:

Protection of Women from Domestic Violence Act (PWDVA):

The PWDVA recognizes mental and emotional abuse as a form of domestic violence. This includes threats, humiliation, and intimidation, which can be delivered digitally. If a woman is facing digital threats from a partner or family member, she can file a complaint under the PWDVA and seek protection orders, residence orders, and compensation.

• Protection Orders: These orders can include provisions to stop the abuser from contacting the victim through digital means (emails, texts, or social media).
• Monetary Relief: Victims may seek compensation for the mental distress caused by the abuse.
• Residence Orders: The victim can be protected from the abuser's threats by securing a place to stay away from them.

Indian Penal Code (IPC) and Cyber Laws:

In addition to the PWDVA, Indian Penal Code (IPC) and cyber laws also provide legal recourse for victims of digital threats:

• Section 66A of the Information Technology Act, 2000 (now struck down by the Supreme Court in 2015 for being unconstitutional, but still relevant for understanding the legal landscape).
• Section 354D of IPC (Stalking): If an individual uses digital communication to stalk or intimidate the victim, this section can apply.
• Section 507 of IPC (Criminal Intimidation): If the abuser uses digital communication to threaten harm or violence, this section may be used for legal action.
• Section 509 of IPC (Word, gesture, or act intended to insult the modesty of a woman): In cases where the threat is accompanied by derogatory comments or insults, this section can be invoked.

Harassment through Digital Means:

Digital harassment, including the use of social media platforms to spread false information, post defamatory content, or continuously send unwanted messages, can also fall under various provisions, including:

• Section 354C (Voyeurism) and Section 354D (Stalking) of IPC, if the threats involve surveillance or repeated harassment via digital means.
• Section 66E of the Information Technology Act, dealing with violating privacy through the sharing of images or videos without consent.

Steps Victims Can Take to Protect Themselves:

Document the Digital Threats:

Save and preserve all messages, emails, social media posts, or any digital evidence of the threats. Take screenshots or screen recordings of threatening or abusive messages, videos, or posts. Record the date and time of each incident, as this will help establish a pattern of harassment.

File a Complaint with the Police:

Victims can approach the police to file a First Information Report (FIR) under relevant sections of the Indian Penal Code or the Information Technology Act. Many police stations have cybercrime cells to handle complaints of digital harassment.

Cybercrime laws can provide additional protection if the abuser is using technology to harm or intimidate the victim.

Seek Legal Protection Under the PWDVA:

A woman facing digital threats from an intimate partner or family member can approach the court for relief under the Protection of Women from Domestic Violence Act (PWDVA). The victim can seek:

• Protection Orders to prevent the abuser from contacting or communicating through digital means.
• Residence Orders if the victim is unable to live in a safe environment due to the abuser's threats.
• Monetary Relief for emotional and psychological harm caused by the abuse.

Apply for Cyber Protection or Anti-Stalking Orders:

Victims of digital harassment can seek anti-stalking orders under the Cybercrime laws if they are being continuously harassed, stalked, or monitored through digital channels.

Restrict or Block the Abuser on Social Media:

Victims can use social media platforms’ privacy settings to block or restrict the abuser’s access. Report abusive behavior to the platform administrators (e.g., Facebook, Twitter, Instagram) to have the content removed and the user banned if necessary.

Cybersecurity and Privacy Tools:

Use strong privacy settings on all social media accounts. Consider using encryption tools or secure messaging platforms for communication if necessary.

Example:

Example: Ritika's husband, Amit, constantly threatens her with messages via WhatsApp, telling her that he will harm her if she tries to leave him. He also posts humiliating comments about her on his social media accounts, warning her that he will destroy her reputation. Ritika feels threatened, anxious, and trapped.

She collects screenshots of the threatening messages and posts, and seeks help from a domestic violence support group. Ritika files a complaint under the Protection of Women from Domestic Violence Act (PWDVA) and a police FIR under sections of the Indian Penal Code and Information Technology Act for criminal intimidation and digital harassment. The court issues a protection order preventing Amit from contacting Ritika through any means, including social media or text messages. The police take action to ensure that Amit stops harassing her.

Conclusion:

Yes, digital threats such as cyberbullying, online harassment, and threatening messages are considered a form of domestic violence under Indian law. These threats fall under emotional and psychological abuse, which is recognized by the Protection of Women from Domestic Violence Act (PWDVA). Victims can seek legal protection, file police complaints, and pursue cybercrime laws to protect themselves from digital abuse. Legal remedies such as protection orders, monetary relief, and residence orders can help victims break free from the cycle of digital violence.