Cybercrimes & Human Rights
Praveen Dixit
Special Rapporteur, Maharashtra & Goa
National Human Rights Commission
India has been upholding human rights since ages and practising the same in respect of not only human beings but also the rights of animals, birds, marine life as well as mountains, trees, rivers, and seas. This is being achieved through adopting of Indian Constitution enlisting enforceable fundamental rights as well as Directive principles to guide the State policy. This has been further strengthened through establishment of National and State Human Rights Commissions from 1993 onwards. While these efforts witnessed great success, the last two decades have noticed technological innovations in the field of information, technological revolution and communication. It is believed the number of persons using computers and mobiles in India is nearly one billion and the same is likely to witness further escalation in the coming years with increasing speed. As this number of persons using cyber space is growing, the anti-social elements exploiting the legal, human, economic, social and other short comings and trampling on the human rights of one and all is also growing geometrically.
According to the data compiled by National Crime Record Bureau (NCRB), the cybercriminals are targeting infants, young children, girls and boys in adolescent age, young men and women, elderly persons, rich and poor, educated and semi-educated. One finds, practically there is no one who is being spared from this menace.
India has been sensitive to these ever-expanding threats from the cyber world and endeavouring to undertake all possible measures to combat the same through international, national, legal, organisational efforts by adopting innovative technologies from time to time. The first step in this direction was adoption of Information Technology Act 2000 (IT Act) with Amendments in 2008, and 2015. With a view to ensure cybersecurity, there are five main types of laws followed in India.
These include Information Technology Act, 2000, (IT Act), Bharatiya Nyaya Sanhita, 2023, (BNS), the Information Technology Rules (IT Rules), the Companies Act of 2013 and the Cybersecurity Framework (NCFS). These highlight penalties and sanctions enacted by the Parliament of India that safeguard the sectors of e-governance, e-banking, and e-commerce. In a major step to repeal archaic three criminal laws, the Parliament adopted Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagrik Suraksha Sanhita (BNSS) and Bhartiya Sakshya Adhiniyam 2023 and the same have been implemented through-out the country from July 1st 2024. These enactments expressly recognise electronic communication as approved in the criminal process and thereby promotes transparency.
These also ensure the rights of victims. Moreover, the earlier practice of inordinate delays causing enormous harm to the cause of justice has been curbed through timelines for the entire process. Cyber offences through electronic devices have been expressly mentioned along with penalties to protect children, women, elderly persons in the beginning chapters of BNS. Human rights of individuals during arrest, searches and seizures have been well protected through mandatory video recording of the entire process.
In order to ensure details of persons who are missing or disappearing, the BNSS has made it mandatory for every police station and district police headquarters to display details of arrested persons including name of the arrested person, charges, time etc. digitally. It is also mandatory to have forensic experts to examine a person when the offence is punishable more than seven years. In order to curb the nefarious practice of determining the sex of the foetus, sonography machines were being used widely. India has promulgated Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act 1994 along with initiating a movement called बेटी बचाओ, बेटी पढाओ throughout the country. This has reduced the female infanticides and helped in improving the male-female sex ratio considerably.
Cybercriminals have been increasingly making use of cyberspace to promote terrorist activities and to recruit young boys and girls to accept fundamentalism. They have been noticed using dark net, cryptocurrency and drug trade to further their illegal activities. India has initiated tough actions against all sorts of terrorist activities, refused to legalise cryptocurrency and follows zero tolerance towards drug trade. Similarly, India implemented demonetisation of high value currency notes to eliminate fake currency notes and reduce black money. This has saved economic rights of Indian citizens to a great extent. To strengthen these efforts, India has amended Unlawful Activities Prevention Act as well as enabled National Investigation Agency (NIA) by amending their Act to investigate these offences as federal crimes.
In this connection, it is worth recalling NIA statement on October 10, 2024. It read,” NIA investigations have revealed that five persons were involved in trafficking vulnerable Indian youth to the Golden Triangle Region in Lao PDR where they were forced to commit cyber scams targeting European and American citizens. They operated through the consultancy firm, All International Services, which functioned as a front for human trafficking”. (The Perfect Voice, Oct 11, 2024). Increasingly, cybercriminals from China and Pakistan are indulging in cybercrimes against vulnerable Indians, Americans, Australians and British citizens. This underlines the need to have close cooperation among the international law enforcing agencies through multilateral cooperation.
In order to promote awareness about cybercriminals and follow best practices to combat the same, National Human Rights Commission has been issuing Advisories regarding technical innovations in the field of rights of children, women, elderly citizens, prisoners and other vulnerable sections from time to time. It is so investigating individual complaints about violation of human rights and ensuring micro-justice.
In addition, the Reserve Bank of India (RBI) and other public as well as private banks are constantly alerting their customers and the public in general to guard against the fraudsters and not to disclose their account details, or not fall prey to any links for rewards. They have also publicised their helplines where the victims are asked to report at the earliest. Government of India has issued the helpline no 1930 as well as asking victims to report to https://www.cybercrime.gov.in . Department of Telecommunication has a portal called चक्षु- for Reporting Suspected Fraud and Unsolicited Commercial Communication received within last thirty days. ( https://services.india.gov.in/service/detail/chakshu-report-suspected-fraud-communication ) It helps you in number of ways including knowing your wireline internet service provider, https://services.india.gov.in/service/service_url_redirect?id=MjQ0MTA= ; for reporting incoming international call with Indian number ( https://services.india.gov.in/service/service_url_redirect?id=MjQ0MDg= ) know the number of connections issued in your name ( https://services.india.gov.in/service/service_url_redirect?id=MjQwNTA=) and facility to verify mobile device using IMEI number (https://services.india.gov.in/service/service_url_redirect?id=MjQwNDg= ).
India Cybercrime Coordination Centre
Indian Cybercrime Coordination Centre (I4C) was established by MHA, in New Delhi to provide a framework and eco-system for Law Enforcement Agencies (LEAs) for dealing with Cybercrime in a coordinated and comprehensive manner.
I4C is envisaged to act as the nodal point to curb Cybercrime in the country. ( https://i4c.mha.gov.in/ ) It deals with efforts in creating awareness through training law enforcing agencies in the form of Cyber योद्धा and has trained thousands of police officers in cybercrime. It also spreads awareness message through social media in the form of cyber दोस्त. According to the same, safe practices to prevent cybercrime include
The portal mentions cybercrimes categories such as
With a view to strengthen efforts in fighting cybercrime, Government of Maharashtra has recently established Cybercrime Investigation Capacity Centre. It claims to possess best global technologies including Technology Assisted Intelligence (TAI) and machine learning tools to aid investigations into crimes like cryptocurrency fraud and combat cybercrime effectively. It houses Security Operation Centre (SOC) for security of Cyber Security Project. This is designed to manage large scale security breaches and respond to threats targeting individuals and businesses. It has launched a new dedicated helpline -14407- in a 24*7 Command Centre. It has Computer emergency Response Team (CERT) to coordinate swift responses to cyber incidents.
I would like to conclude by observing that the right to disconnect one’s posts from social media and right to privacy of personal data are areas which need to be looked into by India urgently. These areas are being misused by cybercriminals extensively. While these efforts by India are laudable, I would urge everyone using cyberspace in the form of computer, mobile or any other electronic device to completely refrain from responding to any calls from unknown mobile number from India or abroad, or email, or video calls. In case one wants to respond, it is advisable to verify the details of the person calling you or sending email or the link. Constant awareness alone can protect your human rights pertaining to life, money, dignity and reputation from the ever-increasing cybercriminals.
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