INTRODUCTION
The internet plays a crucial role in our day-to-day lives. It is certainly a useful tool in this day and age. A troubling undercurrent has emerged in the vast expanse of the digital landscape, where connectivity and communication thrive—violence against queer people on the internet. The platform with boundless potential to change the perspective of others and has emerged as a tool to oppress the minority.
This blog will delve into the key challenges and the ways forward. With the help of some examples and incidences, we will understand the unravel the complexities of a digital world where the promise of connection too often collides with the stark reality of discrimination.
SOCIAL MEDIA AND HATE SPEECHES
Social media platforms such as Twitter are powerful tools that can shape a person’s perspective and allow them to present their ideas and prejudices without any fear or remorse. Online hate speeches[1] are those that can be made through online platforms. Such as expressing hatred for a particular community, discrimination based on sexual preferences, calls for violence, online bullying, etc. This also involves publicly calling them out on their posts, comments and websites.
This mass bullying not only causes severe psychological problems but also affects individual choices.
IMPACT ON MENTAL HEALTH
The internet[2] has introduced a novel type of harassment prevalent among young individuals, often referred to as cyberbullying (alternatively termed cyber victimization, online victimization, and online aggression). These types of violence cause severe mental trauma, PTSD, low self-esteem, suicidal ideation, fear, distrust, etc.
In one of the recent cases, due to mass bullying, a 16-year-old boy died by committing suicide in Ujjain[3]. On Instagram, he uploaded who expressed himself through videos featuring saris and makeup, became the subject of derogatory comments and homophobic slurs on social media.
Due to the nature of social media, these trolls can avoid getting caught and can remorselessly troll, and bully anyone they want. This exemplifies their intention, and as a result, they harass the victim even more.
LEGAL PERSPECTIVES
Unfortunately, there is no particular law in India to regulate the menace of online bullying. Moreover, in India, same-sex unions are not recognized and do not have the same legal cover as heterosexuals. This has created a vacuum, and the underrepresented are exposed to the adverse effects of the social system, such as social ostracization and gender-based discrimination.
After Navtej Singh Johar’s[4] judgement, the Honorable Supreme Court of India decriminalized all consensual sexual relations between adults and struck down the part of Article 377, which criminalized consensual homosexual relationships. Not much legal development has been seen. The legislature has avoided the question of same-sex marriages and equal recognition. On 17 Oct 2023, in a landmark judgement[5], the Honorable Supreme Court of India set aside a writ petition that demanded marriage rights between same-sex individuals.
Due to the lack of legal cover and guidelines, the bullying against such individuals is intensified. Moreover, this has resulted in social ostracization. Much needs to be done to curb this menace.
WHAT NEEDS TO BE DONE?
The government needs to step up to curb this menace and give equal dignity to the LGBTQ+ community. Firstly, they need to recognize the queer community and give them equal representation. They have to hear their voices and understand their challenges, which are not limited to online bullying. A comprehensive study on the same matter needs to be done.
Secondly, the legislature needs to formulate policies and pass some guidelines to create a safe place for queer people. They can incorporate policies of other countries that have similar legal systems, for example, theonline safety bill[6] of the U.K., which regulates content on social media. It provides a check and balance on the content quality. It makes social media platforms liable for the dissemination of unhealthy, hateful content and suggests a mechanism under which the social media platform needs to regulate such content. India also needs such a mechanism to regulate its online people. Although The Digital Personal Data Protection Act, of 2023[7] is there, this law’s ambit for such crime is very narrow.It goes as”An Act designed to regulate the processing of digital personal data, acknowledging the right of individuals to safeguard their personal information while also recognizing the lawful necessity of processing such data for specific purposes. The Act addresses associated matters and incidents related to digital personal data processing.”
Lastly, the government needs to bring some sensitization programs to educate people about LGBTQ+ people and their struggles. A vast majority in India does not know or understand what LGBTQ+ means. Thus, lack of awareness also plays a significant role in the online abuse of queer people.
MEASURES TO COUNTER THIS MENACE
There are various methods to counter this menace, such as Education and Awareness, Community Support, Collaboration with Tech Companies, Media Literacy Programs, Promotion of Positive Content, etc.
According to World Economic Forum reports[8], 11 countries explicitly offer constitutional protection against discrimination based on sexual orientation, while 81 countries have implemented employment non-discrimination laws safeguarding the rights of LGBTI workers. In instances where local laws may be insufficient, businesses can play a vital role by establishing policies that explicitly prohibit and prevent harassment and discrimination against LGBTI professionals.
Remarkably, over 90% of Fortune 500 companies have already instituted policies prohibiting discrimination based on sexual orientation, and 83% have extended such protections to gender identity. This significant increase demonstrates a positive shift in corporate attitudes, especially when compared to just three companies with similar policies in the year 2000. This trend reflects a growing recognition of the importance of fostering inclusive and diverse workplaces, creating environments that respect and protect the rights of all individuals, regardless of their sexual orientation or gender identity.
CONCLUSION
Online violence against the LGBTQ+ community people is a major challenge, and it has caused serious damage to the lives of those it affects. In India, it becomes very difficult to regulate without any proper legislation or guidelines to curb this menace and penalize those who are victimizing others. Although there had been some development in the judicial landscape, without the support of the legislature, it fell short of its final motive. The Indian government needs to protect the rights of its people. It should incorporate some guidelines for the protection of LGBTQ+ people’s rights and give them equal dignity.
Author(s) Name: Yatendra singh (Dr Ram Manohar Lohia National Law University Lucknow)
Reference(s):
[1]Gower AL and others, ‘Bullying Victimization among LGBTQ Youth: Current and Future Directions’ (Current sexual health reports, December 2018) <https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6497454/> accessed 11 December 2023
[2]Gower AL and others, ‘Bullying Victimization among LGBTQ Youth: Current and Future Directions’ (Current sexual health reports, December 2018) <https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6497454/> accessed 11 December 2023
[3]<https://timesofindia.indiatimes.com/etimes/trending/tragic-death-of-ujjain-teen-priyanshu-yadav-due-to-online-bullying/articleshow/105511796.cms>
[4]Navtej Singh Johar and Ors Vs Union of India (UOI) and Ors (2018) 10 (SCC) 1
[5]Supriyo vs Union of India 2023 (SCC Online) 1348
[6]‘A Guide to the Online Safety Bill’ (GOV.UK) <https://www.gov.uk/guidance/a-guide-to-the-online-safety-bill> accessed 11 December 2023
[7]‘Digital Personal Data Protection Act 2023: Ministry of Electronics and Information Technology, Government of India’ (Digital Personal Data Protection Act 2023 | Ministry of Electronics and Information Technology, Government of India) <https://www.meity.gov.in/content/digital-personal-data-protection-act-2023> accessed 11 December 2023
[8]‘3 Ways to Protect LGBTI Rights across the World’ (World Economic Forum) <https://www.weforum.org/agenda/2021/05/3-ways-to-protect-lgbti-rights-across-the-world/> accessed 11 December 2023
