Theme: Media & Intellectual Property

Online Safety Guide

How can the guide help you?

There is a growing menace of cyber fraud, identity theft, economic offenses using online platforms, revenge porn, issues on online dating apps etc in the Internet era. For instance, one in every five internet users surveyed in India have faced online harassment.

It is important to understand which of the many instances of online abuse people can face in today’s day and age are crimes under the law, how we can enforce our rights in such cases and what the consequences of these actions can be.

What are the laws discussed in the guide?

  • Indian Penal Code, 1860
  • Information Technology Act, 2000
  • Constitution of India
  • Indecent Representation of Women (Prohibition) Act, 1986

Understanding the concept: Compromising Online Identity?

Impersonating another person on the internet, stealing pictures from social media profiles, cat-fishing and doxxing are some common examples of online identity theft.

What are my rights under the law against online identity theft?

• Protection of Right to Privacy – constitutionally guaranteed fundamental right under Article 21 of the Indian Constitution.

• Protection from ‘cheating by impersonation’ under the Indian Penal Code, 1860 (IPC)

• Protection against ‘online impersonation’ under the Information Technology Act, 2000 (IT Act)

How does the law punish online identity theft?

Understanding the concept: Cyber Bullying

Cyber-bullying is any act of intimidating or coercing another using an electronic means of communication. Sending unsolicited messages, black-mailing using private pictures, publishing nonconsensual pictures and videos (i.e. revenge porn), cyber-stalking etc are instances of cyber bullying.

What are my rights under the law against cyber bullying?

  • Right to Privacy, a fundamental right guaranteed by the Indian Constitution
  • Right to bodily integrity, an important aspect of Part III rights and safeguarded by the protective provisions in the Indian Penal Code 1860
  • Right to be protected against offensive messages under the Information Technology Act, 2000

How does the law punish instances of cyber bullying?

Understanding the concept: Online Financial Fraud

With growth of the internet and increasing interconnectedness, financial frauds have spilled over to the online world as well. From phishing scams over email to ‘Tinder swindlers’ on dating apps, fraudsters have widened their reach on the internet.

What are my rights under the law to protect me from online financial fraud?

  • Legal right to be protected against the crime of cheating
  • Right to approach appropriate authorities for redressal

How does the law punish those involved in online financial fraud?

MISCELLANEOUS :

Who can I complain to?

Process related information

Whom to approach?

You can approach the State Cyber cell or cyber crime cell of the city you reside in and file a complaint about the online abuse, harassment or financial scam you were a victim to. On receiving your complaint, they will start the investigation on your behalf and initiate the criminal justice system.

Online Crime Reporting Portal maintained by the Ministry of Home Affairs is another option to lodge your complaint.

Alternatively, you can approach your local police station and file an FIR enumerating details of the complaint. Another option to file a private complaint with the judicial magistrate of the region you reside in.

Types of authorities and their work

State and District Level Cyber Cells

Cyber cells investigate and look into cases of online crimes. They assist the State police forces in their investigation and provide electronic evidence required during the trial. On filing your complaint, they will initiate the criminal justice process on your behalf.

Ministry of Home Affairs’ National Cyber Crime Reporting Portal

On visiting the portal (https://cybercrime.gov.in/Default.aspx), you will be redirected to a specific State Government’s website to register a complaint. In the section “Services for Citizen”, click on “Report a Cyber Crime. Choose from ‘Report Cyber Crime Related to Women/Child’ or ‘Report Other Cyber Crime’. Here, you can provide information about the offender, the victim, and the incident along with any supporting evidence, such as screenshots.

If you have created an account, there is an option for you to track the status of the investigation after you have filed the complaint.

You can find state specific information on reporting a cyber crime here.

Local Police Station

The easiest way to report the cyber crime is to approach your local police station and file an FIR. Provide complete details of the crime you have fallen victim to. On filing an FIR, the criminal process is set in motion.

The Information Technology Act has stated that any cyber crime has a global jurisdiction. Due to this, a cyber crime complaint can be filed at any cyber cell/police station situated in your city or elsewhere. But, it is advisable to always approach a cyber cell that is closer to your place for better access.

Approaching your local judicial magistrate

If you are unable to file a FIR at the police station or if you want to lodge a private complaint, you can approach the judicial magistrate of the area you reside in and lodge a private complaint either orally or in writing. The Magistrate will decide on further course of action and investigation after hearing the complaint.

SPOTLIGHT: Cybercrime Incident Reporting System in Bengaluru

The Bengaluru City Police has set up ‘Cybercrime Incident Reporting System’ wherein citizens can lodge their complaint 24×7 by dialing 112.

This enables filing of ‘Cyber Information Report’ (CIR) before filing a ‘First Information Report’ (FIR). This helps reduce the time gap between commission of the offense and reporting the offence, enabling a move towards a ‘victim oriented approach’.

Key Features:

  • Expedite the process of cybercrime investigation
  • Reduced response time to online fraud
  • Trained personnel to handle online crimes
  • Victim well being given priority over procedural requirements

SPOTLIGHT: National Cybercrime Reporting Portal, Ministry of Home Affairs – applicable to all districts in Karnataka, except Bengaluru

This portal, set up by the Central Government can be accessed from 10 am to 6 pm by dialing 1930 for reporting cyber financial frauds.

The procedure followed are as follows:

  • On receiving the complaint, details are immediately entered on the portal and shared with the concerned bank simultaneously. This helps in stopping fund transfer to the fraudster’s account.
  • The user filing the complaint receives a SMS link for accessing the portal and filing in further details.
  • This is sent to the concerned police station where the FIR is filed.

Key features:

  • The portal is handled by the Criminal Investigation Department (CID) in Karnataka
  • Eases process of lodging complaints
  • Can deter transactions if informed to the portal within two hours of the cybercrime

SPOTLIGHT: Police Didi Initiative by Mumbai Police

The Mumbai Police had initiated the ‘Police Didi’ campaign in 2016 to educate adolescent school children, particularly girl students about the hidden dangers in the cyberworld. Around 200 women police officers were specifically trained by cyber experts, child counselors and psychiatrists to help children. Their mandate includes visiting schools, chawls, residential societies, slums, colleges etc and engaging in conversations with children. If incidents of cyber crime are discovered, they would help initiate legal action and approach the authorities. This initiative reinforces the concept of ‘good friend’ and ‘bad friend’ in online portals.

SPOTLIGHT: National Commission for Women’s ‘Digital Literacy Programme’

The National Commission for Women launched the ‘Digital Literacy Program’ in 2018, in collaboration with Facebook and CyberPeace Foundation, for educating college or university girl students about cybercrimes and ways to tackle them. It focuses on promoting digital literacy for women including the precautions that can be taken; raising awareness about cyber crimes; and advising the users about the resources available to women; to prevent the problems and also how to handle such crimes. The programme, in its initial phase, covers the states of Punjab, Manipur, Haryana, Meghalaya, Delhi-NCR, Sikkim, Maharashtra and Tamil Nadu.

Resources

Support Systems in Bengaluru

Legal Aid Systems

1. National Legal Services Authority: 011-23385321

2. National Legal Helpline- 15100

3. Childline: 1098

4. Karnataka State Legal Services Authority:
• Helpline- 1800-425-90900
• Phone Number- 080-22111714, 080-22111729
• District legal services list

5. Women’s Police Station, Bengaluru: 080 2294 3250
• Find the document with contact numbers of different stations here.

6. Women Cyber Security Cell: 099000 39039

7. Bangalore Police Headquarters: 080 2294 2595

8. Karnataka State Commission for Women: 080- 22216485/486 Fax: 080-22216485

Helplines

1. National Commission for Women Helpline Number: 181

2. Women in Distress helpline number: 1091

3. Karnataka State Human Rights Commission: 080 2239 2203

4. Central Social Welfare Board -Police Helpline: 1091/ 1291; (011) 23317004

5. Women’s And Children’s Safety Help Line: 09108445555

6. Ask SHEROES: Find the online chatting service here.

Support Systems in Delhi

Legal Authorities

1. Delhi State Legal Services Authority:
• Helpline- 1516
• Phone Number- +91 96679 92802
• Mobile Application- Vidhik Sewa

2. National Legal Services Authority:
• National Legal Helpline-15100

3. Women’s Cell Delhi Police: Find the document with contact numbers of different stations here.

4. Delhi Commission for Women: (011) 23379181/ 23370597

5. Child-line: 1098

Helplines

1. National Commission for Women Helpline Number: 181

2. Women in Distress helpline number: 1091

3. Central Social Welfare Board -Police Helpline: 1091/ 1291;

4. Ask SHEROES: Find the online chatting service here.

Other resources

1. List of cyber cell police stations in Delhi – http://www.cybercelldelhi.in/districtcybercell.html

Support Systems in Mumbai

Legal Authorities

1. National Legal Services Authority: National Legal Helpline- 1516

2. Maharashtra State Legal Services Authority:
Toll free Helpline Number:1800 22 23 24;
Tel.: 022-22691395
District Legal Services List

3. Contact numbers of different stations list
• Mumbai Cyber Station- +022 26504008
• Mumbai Police Women Helpline- +022 22633333, 103

4. Maharashtra State Commission for Women: Helpline- 155209; Contact No.- +022 26592707

Helplines

1. National Commission for Women Helpline Number: 181

2. Women in Distress helpline number: 1091

3. Central Social Welfare Board -Police Helpline: 1091/ 1291; (011) 23317004

4. Maharashtra State Human Rights Commission: +022 22092857

5. Ask SHEROES: Find the online chatting service here.

Here is a list of Nodal Officers of various internet service providers that you can write to, to report a complaint.

[Insert table here]

Let us test your knowledge:

Answers in Yes/No

1. Can I report someone who has created a fake Instagram account using my photos and sends lewd messages to all my friends? (Yes/No)

2. My private pictures which I had sent my ex-boyfriend are now being circulated on social media platforms without my knowledge or consent after our break up. Can I sue him? (Yes/No)

3. Someone has just defrauded me by claiming he is from the bank. Can the National Cyber Crime Reporting Portal help me in getting my money back if I lodge a complaint at the earliest? (Yes/No)

4. Can I file an ‘anonymous complaint’ on the Ministry of Home Affairs’ Online Crime Reporting Portal? (Yes/No)

5. Someone I met on a dating app is stalking me on all my social media platforms, can he be brought before the law? (Yes/No)

6. Can I lodge a complaint against someone who has been sending me unsolicited messages on Instagram? (Yes/No)

7. I have been defrauded by someone on the internet who offered me 20% returns for investing Rs. 10 lakhs. He claimed he is from the RBI and showed me papers to reinforce his statements. However, later I realized that I have been duped. Can I lodge a complaint against him for theft, cheating and forgery? (Yes/No)

8. I am a social media influencer. I have public social media pages where people at times comment inappropriately and send me vulgar messages via personal chat. Can I initiate legal action against the offenders? (Yes/No)

9. Someone has stolen sensitive information from my laptop, including private pictures, when I gave my laptop for repair. Am I eligible to get compensation for the loss suffered? (Yes/No)

10. Someone has shared private information about my sexuality via social media handles tagging me publicly, can I file a complaint against him? (Yes/No)

Guide for Addressing Barriers to Digital Accessibility for Persons with Disabilities

How can the guide help you?

The Nyaaya Guide for Better Digital Access for the Disabled aims to empower people with disabilities (PwD) to effectively exercise their rights to access digital platforms.

What are the laws being discussed in the guide?

This guide discusses the duties of government agencies, law courts, civil society organizations and private companies to ensure better digital access to the disabled as laid down under the Rights of Persons with Disabilities Act, 2016, Rights of Persons with Disabilities Rules, 2017, and the judgement passed by the Court of Chief Commissioner for Persons with Disabilities, in the case of Rahul Bajaj v. The Director, Practo Technologies Pvt. Ltd. & Ors.1 

Who Is A Person With Disabilities

A person with disability is a person with a long-term physical, mental, intellectual or sensory impairment, which restricts their full and effective participation in society equally with others.

Who Is A Person With “Benchmark” Disabilities

A person with benchmark disability is someone who has at least 40% of a specified disability.

Specified disabilities include:

  1. Physical Disability

Locomotor Disability: Inability to perform activities associated with movement. People with locomotor disability include those with cerebral palsy, dwarfism, muscular dystrophy, acid attack victims, etc.

  1. Impairment: A condition of blindness or low vision.
  2. Hearing Impairment: Deafness or loss of hearing.
  3. Speech and language disability: Permanent disability affecting speech and language.
  1. Intellectual Disability

Significant limitations in intellectual functioning (reasoning, learning, problem solving) and adaptive behaviour (everyday social and practical skills) including specific learning disabilities and autism spectrum disorder.

  1. Mental Illness

Substantial disorder of thinking, mood, perception, orientation or memory that severely impairs judgement, behaviour, capacity to recognise reality or ability to meet the ordinary demands of life. This does not include mental retardation.

Disability caused due to

    1. Chronic neurological conditions: Multiple sclerosis, Parkinson’s disease
    2. Blood disorders: Haemophilia, Thalassemia, Sickle cell disease

Multiple Disabilities: More than one of the above specified disabilities.

  1. Any other disability specified by the Central Government.

Ways In Which A Disabled Person Can Address Barriers To Improve Digital Accessibility       

The five steps listed below may help you contact and collaborate with service providers and companies to make sure that PwDs have equal access to facilities and services they provide. 

  1. Send a letter to the concerned service provider to alert them about accessibility issues on their platform and request that they take appropriate remedial actions;
  2. If there is no response to the initial letter, you      can again send a reminder letter after 7–10 days;
  3. If there is no      response, you      can start      a focused social media campaign to generate greater public consciousness about the problems you      are facing. This will help in persuading the      service provider to consider your      needs carefully and work towards implementing them;
  4. You can send a      legal notice, giving the service provider a final opportunity to address the barriers on their platform within a reasonable time, typically no more than 10 days; and
  5. You can exercise your rights, if the legal notice is also not paid heed to, in the manner mentioned in this guide below.

Available Legal Remedies 

The Act2 provides for the appointment of a Chief Commissioner for Persons with Disabilities at the Central level and State Commissioners for Persons with Disabilities at the State level. Under Rule 38 of RPwD Rules 2017, you can directly write a petition and present the same to the Chief Commissioner either in person/or through a representative/ or through registered post/ or through an email. In the ‘contact information’ section of this Guide, the contact details of each of these bodies are set out. You can write to them using these details.

Section 89 of the Rights of Persons with Disabilities Act, 2016 also lays out the penalties for violating the provisions of the Act. In the first instance, the penalty is a fine of up to Rs. 10,000. In case of further contraventions, the fine can be between Rs. 50,000 and Rs. 5,00,000/-.

How To Avail The Legal Remedies

Who can avail the remedies?

In accordance with Rule 38 of the RPwD Rules 2017, any person with a disability may submit a complaint by mail, hand, or email. The complaint must be accompanied by a copy of the person’s disability certificate and any supporting documentation. Supporting documentation includes a copy of any email correspondence you have had with the service provider. It could also include screenshots/printouts of any social media posts that you have put up on the subject and any evidence of inaccessibility [such as an accessibility audit report]. Typically, an audit report is not necessary.

How can you approach the Chief Commissioner?

You can approach the Chief Commissioner in one of the following ways:

  1. Approach the Chief Commissioner for Persons with Disabilities     via:                 
    1. Visiting in Person     
    2. Through a Representative     
    3. Through Registered Post at Department of Empowerment of Persons with Disabilities (Divyangjan), Ministry of Social Justice & Empowerment, Govt. of India, 5th Floor, NISD Building, Plot No.G-2, Sector-10, Dwarka, New Delhi-110075     
  2. Complaint sent by E-mail at ccpd@nic.in. 

What details do you need to provide in the complaint?

  1. The name of the complainant, the name of the affected person with disability, complete postal address, contact number, and email, if available.
  2. Brief description of the affected person with disability.
  3. Nature and percentage of disability.
  4. The name of the person(s) and organization(s) against whom the complaint is being made, their address, contact number, and email, so far as they can be ascertained.
  5. The facts relating to the complaint.
    1. What happened?
    2. When did the incident happen?
    3. Where did it happen?
    4. What reliefs do you seek?

Documents you need to submit along with the complaint.

You must include the following documents:

  1. Documents in support of the allegations contained in the complaint. 
  2. A clear and legible copy of the Disability Certificate of the person with disability from a valid authority which would mean government hospitals that are authorized to issue such certificates.

What’s next?

After receipt of your complaint by the Commissioner, they will forward a copy of the complaint to the opposing party named in the complaint. The opposing party is typically given a period of 30 days to file a response. The Complainant is then given 15 days to file their rejoinder [response to the reply]. Then, a hearing is appointed. The Chief Commissioner for Persons with Disabilities tries to dispose of complaints within 3-6 months from the date of filing. If the opposing party or their representative does not show up on the scheduled hearing date, the Commissioner may, in accordance with the Rights of Persons with Disabilities, Act 2016, take the necessary steps to summon and compel the opposing party’s attendance or decide the complaint ex-parte, i.e., without requiring all of the parties to the dispute to be present.

It should be noted that the Commissioner may on such terms as they deem fit and at any stage of the proceedings, adjourn the hearing of a complaint.

Resources 

Contact Information 

  • Office of the Chief Commissioner for Persons with Disabilities (Divyangjan)

5th Floor, NISD Building, Plot No.G-2, Sector-10, New Delhi-110075

Telephone Number: 011-20892364, 20892275

E-mail: ccpd@nic.in, Website: www.ccdisabilities.nic.in

 

  • Addresses of State/UT’s Commissioners for Persons with Disabilities (as on February 2022)
Sl. No. State/UT’s Name & Address Contact Details
1. Andaman & Nicobar Islands
(UT)		 Shri Pratik Raj Yadav Commissioner for Persons with Disabilities Andaman & Nicobar AdministrationDirectorate of Social Welfare GoalGhar, Port Blair  Phone:  (03192) 233356 (O )Fax: (03192) 243817E-Mail: directorsw4@gmail.comMob: 08900916004
2. Andhra Pradesh    Shri B. Ravi Prakash ReddyCommissioner for Persons with Disabilities & Director (FAC), Welfare of Differently Abled, Transgender & Sr. Citizens Govt. of Andhra Pradesh,Rajanarendra Building 1st Floor, 74-14-2, Yanamalakuduru Road, Krishna Nagar, Vijayawada – 520007 Phone : 0866-2975602Whatsapp/Mobile : 8374032888E-mail : dwdascap@gmail.com  
3. Arunachal Pradesh    Smt. Padmini SirlaCommissioner for Persons with Disabilities, & Secretary Social Justice Empowerment & Tribal Affairs (SJETA), Govt. Arunachal Pradesh, Block No. 02, Second Floor, Room No. 202, Civil Secretariat, Itanagar-791111 Phone : 0360- 2291559Fax: (0360) 2212541Mobile No: 09971199013E-mail: commissionerwcd@yahoo.comar.sjeta@gmail.com 
4. Assam   Shri Debeswar Borah, ACSCommissioner for Persons with Disabilities, Govt. of Assam, Latakata, Basistha, Guwahati,  Assam-781029 Phone: 0361-2999858Fax: 0361-2309198E-mail : commdisabilityassam@gmail.com(M) 9476570329
5.  Bihar    Shri Raj Kumar, IASCommissioner for Persons with Disabilities O/o the State Commissioner for Disability, Government of Bihar, Old Secretariat, Sinchai Bhawan Campus, Patna – 800015 Phone : 0612-2215041 E-Mail : scdisability2008@gmail.comWebsite : scdisabilities.orgFax : 0612 2215152(M) : 9471000437
6. Chandigarh(UT)  Smt. Nitika PawarCommissioner for Persons with Disabilities, & Secretary  Social Welfare, Chandigarh Administration Room No. 410, 4th Floor, Deluxe Building, Sector – 09, Chandigarh – 160019 0172-2743860E-mail: sspersonnelut@gmail.comMobile No: Nitika Pawar: 08510890851
7. Chhattisgarh   Smt. Reena Babasaheb KangaleCommissioner for Persons with Disabilities & Secretary Women & Child Development, Dept. of Social Welfare, Jila Panchayat Parisar, G.E. Road Durg, Chhatisgarh- Pin code- 491001 Phone: 0788-2325470  E-Mail: commpwd.cg@gmail.com                
8.      Dadra & Nagar Haveli and Daman & Diu (UT)  Smt. Pooja Jain Commissioner for Persons with Disabilities, & Secretary, Social Welfare, Administration of Dadra & Nagar Haveli and Daman & Diu, Social Welfare Department, Lekha Bhavan, Third Floor, Silvasa-396230 Phone No: 0260-2642413, 2642037, Social Welfare: 0260-2632027Email: sw-dnh@nic.in 
9. Delhi (UT)  Shri Ranjan Mukherjee, VSM Commissioner for Persons with Disabilities Govt. of N.C.T. of Delhi25-D, Mata Sundari Road, Near Guru Nanak Eye Centre,New Delhi – 110002  Phone: 23216001-04Telefax :    23216005E-Mail: comdis.delhi@nic.in Website: www.discomm.delhi.govComdis.delhi@nic.in(M) 9958066443
10.  Goa   Shri Guruprasad Pawaskar  Commissioner for Persons with Disabilities, C/o Sanjay Centre for Special Education, Ground Floor Pundalik Nagar, Porvorim, Bardez- Goa-403521Email: dis-comm.goa@gov.inContact: 09822132023 Mobile No: 09822132023E-mail: dis-comm.goa@gov.in 
11.     Gujarat  Shri V.J Rajput, IAS Commissioner for Persons with Disabilities, Government of Gujarat,Karmayogi Bhavan, Block No. 2, Ground Floor, Wing No. D-1, Sector-10, Gandhinagar-382010 Phone: (079) 23256746 – 49 (Office)Phone:(079)26403060, 26424902 (R )Telefax: (079) 23259378, 23256746Email: commissioner-pwd@gujrat.gov.in             com.disability@gujarat.gov.incommi-pwd@gujrat.gov.in(O) 9978406984
12. Haryana Shri Raj Kumar MakkadCommissioner for Persons with Disabilities, Department of Social Justice and Empowerment, HaryanaAntodaya Bhawan, Opposite Kothi No. 9, Sector-6, Panchkula Phone: 0172- 2929467Mobile: 9416058227 E-Mail: scpd.sje-hry@nic.insje@hry.nic.inadv.rajkumarmakkad@gmail.com 
13. Himachal Pradesh  Shri Sanjay Gupta Commissioner for Persons with Disabilities & Secretary,  Social Justice & Empowerment, Govt. of Himachal Pradesh,Himachal Pradesh Govt. Secretariat, Shimla – 171002 Himachal Pradesh Phone: 0177- 2621871/2880716E-Mail:  socialjesecy-hp@nic.in 
14. Jammu & Kashmir     Mr. M Iqbal Lone
Commissioner for Persons with Disabilities,
Government of J&K		 Office of the Commissioner for Persons with Disabilities Vigilance Building Old-
Secretariate Srinagar, Jammu
and Kashmir 190001.30 A/B Gole Market, Gandhinagar Jammu, Jammu and Kashmir-180004.Phone : +911944-057772Email: comm.pwds@jk.gov.in
15. Jharkhand    Shri Avinash Kumar Additional Secretary/ Commissioner for Persons with Disabilities, O/o the State Commissioner for Persons with DisabilitiesDepartment of Women, Child Development & Social Security Ground Floor, EngineerÔÇÖs Hostel Building-2, Sec-III, Dhurwa, Ranchi – 834004 Phone : 0651-2401825/2400757Fax : (0651) 2401886(M) 8757910061E-mail: sdcjharkhand@yahoo.comjharkhandsdc@gmail.com        sdcsatish@gmail.com      
16. Karnataka    Smt. Lata KumariCommissioner for Persons with Disabilities Govt. of KarnatakaNo.55, KSDB Building, Riasaldhar Street, Sheshadripuram, Bangalore-560020 Phone 080- 23462625  23462641Mobile No : PS to Commissioner08022866066Telefax : (080) 23462029E-Mail : scdkarnataka@gmail.com
17. Kerala   Shri S.H. PanchapakesanCommissioner for Persons with Disabilities, Government of  Kerala, Anjaneya, T.C.-9/1023 (1), Ground Floor, Sasthamangalam,  Thiruvananthapuram – 695 010 Telefax: 0471-2727704Phone: (0471) 2720977(O)(M) 6238785118E-Mail: scpwdkerala@gmail.com              dr.gee3in1@gmail.com
18. Ladakh (UT) Ms. Padma Angmo, IISSecretary, Social Welfare DepartmentAdministration of Union territory of LadakhCivil Secretariat, Leh, Ladakh-194101 Phone No: 01982-258365Email: secretarypaladakh@gmail.com
19. Lakshadweep(UT)  Shri Lekh Raj, DANICSCommissioner for Persons with Disabilities & Director, Social Welfare & Tribal Affairs (SWTA), Lakshadweep AdministrationDirectorate of Social Welfare & Tribal Affairs, Kavaratti-682555 Phone: 04896-262547 E-Mail: lk-dsw@nic.in(M) 9687823230
20. Madhya Pradesh   Shri Sandeep Razak Commissioner for Persons with Disabilities, Govt. of Madhya Pradesh,Community Hall, New Market,T.T. Nagar, Bhopal – 462003 Madhya Pradesh Phone : 0755-2773008 Fax:       0755-2552665 E-mail: comm-pwds@mp.gov.in  
21. Maharashtra   Shri Om Prakash DeshmukhCommissioner for Persons with DisabilitiesO/o the State Commissioner for Persons with Disabilities, Department of Social Justice & Special AssistanceGovt. of Maharashtra 3, Church Road. Pune – 411001Maharashtra  Phone: 020-26122061 /26126471/26136845Fax: 020-26111590(M) 9850835678E-Mail: commissioner_disability@yahoo.co.indcdisability@gmail.com
22. Manipur   Shri Th. Dilipkumar SinghCommissioner for Persons with Disabilities, Govt. of Manipur,Old High Court Complex, North AOC,  Imphal – 795001 Phone : 0385-2444021E-Mail: scpdmanipur@gmail.com
23. Meghalaya Smt. S.B. Marak, MCSCommissioner for Persons with Disabilities, Govt. of MeghalayaLower Lachumiere, Temple Road,Meghalaya, Shillong Phone : 0364-2506521(M) 917005711584E-mail : cpwdmeg@gmail.com
24. Mizoram      Ms. Vanlaldiki Sailo,Commissioner for Persons with Disabilities, Govt. of Mizoram,MC-3A, V.L Rema Building, Opp. SBI Chaltlang Branch, Chaltlang Venglai, Mizoram Aizwal-796014 Mizoram  Phone:: (0389) 2399213, 2322532                  (O)0389-2322671Fax: (0389) 2398134 Mob: 9436141825Ms. Vanlaldiki SailoE-mail: ocfpwd@gmail.comcpwd@gmail.com
25. Nagaland     Diethono NakhroCommissioner for Persons with Disabilities, O/o the State Commissioner for Persons with DisabilitiesNew Secretariat Road (Opposite State Civil Secretariat Complex)Kohima-797004 Nagaland Phone: (0370) 2270284, 2270279Telefax: (0370) 2270284 (O)E-Mail: scpdnagaland@gmail.comWebsite: https://scpd.nagaland.gov.inTwitter: http://twitter.com/scpdnagaland
26. Odisha Smt. Sulochana DasCommissioner for Persons with Disabilities, SIDR Building, Capital Hospital Campus,  Unit-6, Bhubaneswar – 751 001  Phone: 0674- 2390006 Help line No : 1800345673E-Mail: scpdodisha@nic.inscpdorissa@gmail.com
27. Puducherry(UT)     Shri Uday KumarCommissioner for Persons with   Disabilities & Director  Directorate of Social WelfareNo. 1, Saradambal Nagar, Ellaipillaichavady, Puducherry – 605001 Phone: 0413ÔÇö2206762/2205871-72Fax: 0413-2206762E-Mail: socwel.pon@nic.in           secywel.pon@nic.in 
28. Punjab     Shri Sumer Singh Gurjar, IASState Commissioners for Persons with Disabilities, Room No. 519, 5th Floor, Mini-Secretariat, Punjab Civil Secretariat-2, Sector-9 Chandigarh – 160009 Phone No : 0172-2740190(M) 9465902258E-Mail : Disabilitybranch104@gmail.comdddwcd8@gmail.com
29. Rajasthan       Shri Umashankar SharmaCommissioner for Persons with Disabilities, & Secretary, Social Justice & Empowerment DepartmentGovt. of Rajasthan G-3/1 A, Vishesh YogyaJan Bhawan, Hotel Rajmahal Residency Area, Jaipur. Phone : 0141-2222937 2222503Fax : (0141) 2222503, 2222249E-Mail:  Commissioner.SAP@rajasthan.gov.incomm.disabilities.raj@gmail.comPs-sje@rajasthan.gov.inCommissioner.sap@rajasthan.gov.in               
30. Sikkim Shri Tshewang Gyachho, SCSCommissioner for Persons with Disabilities, Social Justice & Welfare Department, Govt. of Sikkim, Samaj Kalyan Bhawan, 5th Mile, Lumsey -737102 Phone/Fax: 03592-232596(M) 9733224497 E-Mail: sikkimlawdeptt@gmail.comsikkimsocialwelfare@gmail.com secy-socialwelfare@sikkim.gov.in            
31. Tamil Nadu    Shri Thiru. Johny Tom Vargheese, IASCommissioner for Person with Disabilities, Govt. of Tamil Nadu,No. 5, Kamarajar Salai, Lady Wellington College Campus, Chennai-600005  Phone: 044-28444940 (O) Fax: 044-28444941E-mail : scd.tn@nic.inWebsite : scd.tn.gov.in
32. Telangana Smt. B. Shailaja, M.A., L.L.BCommissioner for Persons with Disabilities  Vikalangula Sankeshma Bhavan, Nalgonda X Roads, Malakpet, Hyderabad – 500036 Phone: 040-24559048Whatsapp No./Mobile No: 9849905475E-Mail: scrpwdact@gmail.com 
33. Tripura  Shri Yatendra KumarCommissioner for Persons with DisabilitiesGovernment of Tripura,Secretariat building, Capital Complex,2nd Floor, Room No-4202West Tripura, Pin-799010 Phone: 0381-2326033/2413579Mob: 09599441411E-Mail: yk96tr@gmail.comtr032@ifs.nic.indeepadnair@gmail.comkilikdarchintam@gmail.com
34. Uttar Pradesh   Mr. Hemant Rao, IASCommissioner for Persons with Disabilities, Govt. of Uttar Pradesh Rajkiya Dristribadhit Chhatron ka Chhatravas, Vidya Bhawan Campus,      Near Rajkiya Inter College, J.B.T.C Compound, Nishatganj, Lucknow, Uttar Pradesh – 226007 Phone:    0522-4335129                 0522-4026512Telefax : 0522-2229063E-Mail: commissioner1998@rediffmail.com info@commissionerdisabilitiesup.inWebsite: www.commissionerdisabilitiesup.in
35. Uttarakhand    Shri Pradeep Singh Rawat Commissioner for Persons with Disabilities, Women & Social Welfare DepartmentGovt. of Uttarakhand, 12 Tilak Road, Near Bindal Pool, DehradunÔÇô248001, Uttarakhand Phone: 0135-2727981  Social Welfare   0135-2712245   E-Mail: cduttarakhand@gmail.com             
36. West Bengal  Shri Alokesh Prasad Roy, IAS  State Commissioner for Persons with DisabilitiesGovt. of West BengalSubhanna, 7th Floor, Salt Lake, Kolkata-700064. Phone: 033-2359-799722374731E-mail : com.disabilitywb@gmail.com

Checklists 

  1. Identify a particular app, website or digital offering [ATM device, point of sale device, washing machine, etc.] that is not disabled friendly     .
  2. Find out the company that makes available the given facility or service.
  3. Write to Mission Accessibility at missionaccessibility@gmail.com, to raise a grievance.
  4. In collaboration with Mission Accessibility, write a letter to the concerned service provider about their offering being inaccessible. Write a follow-up letter after 7-10 days in case there isn’t a positive response to the first letter.
  5. If there is no response within 10 days of the second letter, tag the service provider on social media and alert them to your grievance.
  6. If there is no response to the same within ten days, work with Mission Accessibility to formulate a legal notice against the service provider.
  7. If there is no response to the legal notice within      10-15 days, file a complaint in the office of the Chief Commissioner for Persons with Disabilities or State Commissioner for Persons with Disabilities.
  8. Once you obtain a favourable order, check the facility/service regularly to ascertain if it has become disabled friendly.
  9. If the proceedings in the Chief/State Commissioner’s Court do not yield the desired outcome, approach the relevant High Court or Supreme Court of India, in collaboration with Mission Accessibility.
  10. If the desired results are obtained i.e. the facility/service becomes accessible, continue to check the facility/service regularly to ensure that it does not again become inaccessible.

This guide was made in collaboration with Mission Accessibility, an NGO that works to make digital offerings more disabled friendly. Their email ID is missionaccessibility@gmail.com.

Sources of Information 

  1. Duties and functions of the Chief Commissioners at http://www.ccdisabilities.nic.in/aboutus/our-office.
  2. Learn how to register a complaint with the Chief Commissioner at http://www.ccdisabilities.nic.in/Complaints/learn-how-register-complaint.
  3. Rights of Persons with Disabilities Act, 2016. 
  4. Rights of Persons with Disabilities Rules, 2017.
  5. Rahul Bajaj v. The Director, Practo Technologies Pvt. Ltd. & Ors.1
  1. Rahul Bajaj v. The Director, Practo Technologies Pvt. Ltd. [PTPL] & Ors. [2022], 13205/1102/2022 [CCPD] [↩] [↩]
  2. Rights of Persons with Disabilities Act, 2016 [↩]

Does the Government have the power to monitor my internet usage? Does this amount to stalking?

If the government decides to monitor your internet usage, it is not an act of stalking, provided:  – 

  • The monitoring was done to prevent or detect any crime and the official accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the state or;
  • The monitoring was pursued under any law like the Information Technology Act. 

Please remember that the government can monitor your data under the Information Technology Law only if it:

  • Is in the interest of the sovereignty or integrity of India.
  • Is regarding the defence of India and the security of the state.
  • Relates to friendly relations with foreign states.
  • Is to maintain public order.
  • Is to prevent incitement to the commission of any offence under the Information Technology Act.

The agency of the government authorizing the interception and monitoring of the information should state the reasons for monitoring in writing.

How much information do I need to file an online complaint against online abuse ?

Gather as much information as you can. Taking screenshots of relevant messages, conversations, and comments can help your case. For online crimes, you can approach the cyber crime branch of the police. Unlike other crimes, cyber crimes are usually not limited by the jurisdiction within a state. You can report to the cyber cell of any city, even if the offence was committed when you were in a different city. A list of details of cyber crime cells can be accessed here. If you are unable to file a complaint in the cyber cell, you can file an FIR with the local police station. The Women and Child Development ministry has also set up a dedicated cyber cell to help women who have been abused online.

When and how do you file a complaint against online abuse?

There is no minimum threshold for the amount of abuse or harassment you should have suffered before filing a complaint. In the first instance, it may be useful to report such instances to the platform on which the abuse is taking place.(( The Information Technology (Intermediaries guidelines) Rules, 2011.)) If that is ineffective, you can check whether the harassment is similar to any of the situations discussed above.

What do I do if hate messages about a religion are being shared on a whatsapp group? Is this a crime? Can I file a police complaint?

Indian laws have criminalized hate speech against religion under the Indian Penal Code of 1860. Under Section 153A of the Code, a police complaint can be filed against anyone who promotes enmity, disharmony or ill-will between different groups on grounds of religion by words either spoken, written or visuals, or deliberately tries to offend the feelings of any class of people by insulting their religion or religious beliefs. The person can be punished with imprisonment which may extend to three years or fine or with both.

Impersonation and Sexual Harassment via Whatsapp Groups

In this situation, you can approach the police or cyber cells with a criminal complaint.

As per Section 66D of the Information Technology Act, anyone who cheats other people on Whatsapp by pretending to be someone else can be legally punished. The punishment is imprisonment for up to three years and a fine of up to Rupees one lakh. 

Further, under Section 354A of the Indian Penal Code, any man who makes sexually coloured remarks is punishable for the offence of sexual harassment. The punishment for this is imprisonment for up to one year and/or a fine.

A criminal complaint can be filed by the victim of a crime, anyone who knows the victim, or someone who knows that a crime has taken place. To know more about how to file the complaint, read here.

Can an ironic statement also be considered to be defamatory?

A statement can be expressed ironically but can still amount to defamation. For example, you publish a statement in the newspaper saying that Hari, the local politician, is an honest man and has never taken a bribe of Rs. 5,00,000 for construction of a bridge. Your statement might be considered defamatory (if it isn’t actually true) because it is a very specific fact about Hari taking bribes and readers are likely to interpret your statement to say Hari actually took the bribe.

Can I be punished under defamation law if I said something indirectly but in good faith?

There is an exception under this provision for making an accusation before a lawful authority in good faith. However, in this situation, you need to go to the right authority. For example, the municipality is not the legal authority in charge of investigating tax evasion – therefore this exception will not apply and you can be punished for defaming your neighbour.

Is saying the truth a crime of defamation?

No. Saying or publishing the truth which for public good is an exception to defamation law. The Court will look into the facts to decide if the statements you made were actually for the public good.

I am being harassed on Facebook by someone living abroad. Do I need to be physically present in India to file a complaint online?

You can file a complaint for online abuse even if you are not physically present in India using the following options:

Online Crime Reporting Portal

You can also lodge a complaint by using the Ministry of Home Affairs’ Online Crime Reporting Portal. You may be redirected to a specific State Government’s website to register a complaint.

Register a complaint in the section “Services for Citizen”, and click on “Report a Cyber Crime ”. Here, you can provide information about the offender, the victim, and the incident along with any supporting evidence, such as screenshots. You can report anonymously or with identification, and you can track your complaint as well.

Cyber Crime Reporting Portal

You can also directly file a complaint on the Cyber Crime Reporting Portal. Complaints can also be made anonymously.  You can complain against various cybercrimes by selecting the option ‘Report Cyber Crime Related to Women/Child’ or ‘Report Other Cyber Crime’. You must login and create an account and select “Report and Track” if you wish to track your complaint.

The Censor Board has said that I need to make extensive cuts to my film! What are my options?

The law says you have to appeal within 30 days to a tribunal known as the Film Certification Appellate Tribunal (FCAT). This tribunal can revise the decision of the Censor Board. However, the Central Government also has a lot of power to change the decisions made by the Board or the Tribunal. It can look into any film that is being considered by the Board, and can also look into any decision that has been made by the Board or the Tribunal. The Government can then make any orders to cancel or suspend a certificate, or to change a film’s certification (for example, from ‘U/A’ to ‘A’). They can also change the release of the film. Whatever the Government’s decision, the Board will have to follow its order.

The Government has to hear your side of the story first, and any order only remains valid for two months. The Government can also make this procedure private if it deems it ‘against public interest’ to make it public.