Consent, NOT a stand-alone topic

By Soumya Gupta

Consent to many individuals is simply a question of “Yes” or ‘No” But, as much as I hate to break it to you, it is far more complicated than it appears. Do you believe that consent is so self-evident? To put it plainly, consent is a rational and mutual agreement to a sexual act, not only a reflection of one's bodily response. It is generally assumed to be automatic in any particular relationship, which is ludicrous, and this assumption is not supported by the law. People don't comprehend that consent in committed relationships isn't automatic; in fact, consent isn't even automatic in marital relationships.

Now let's talk about a facet of the well-known subject of consent that is often absent in our mainstream discussion. Non-consensual online sharing of intimate photographs. Yes, you read that correctly. This is reality and it is widely overlooked. All I want you to understand is that it is true, it cannot be excused, and it is not your fault. The topic of non-consensual sharing of intimate photos [‘NCSIA'] is complicated and spans criminal law, privacy law, and media law. The Indian Supreme Court has ruled that Article 21 of the Indian Constitution guarantees the right to privacy. It states ‘No person shall be deprived of his life or personal liberty except according to procedure established by law’. Although this act may seem simple, but ‘simple’ doesn’t even begin to cover 1% of it . The implications and consequences it has on an individual's mindset are extremely disturbing. Just to put it out there, this is SEXUAL ASSAULT.

It is high time we looked at discussions of this topic closely! To narrow it down to the basics: Taking a video/image without consent, sharing them without consent, using coercive behaviour to obtain them and sharing unsolicited images/videos are all forms of harassment and come under this topic. Furthermore, our definition of consent must be broadened to incorporate all of the nuances caused by the ease with which people can take and share images.

In addition to that, feeling helpless, lost or even emotional in said situation is completely normal. Don't let anyone tell you otherwise. Such an inhumane act violates one’s dignity. I believe I speak for anyone who is going through a similar condition, it is not a cakewalk! The sickening feeling of being betrayed for one is unbearable; it makes you feel like a failure every moment of the day, and it makes you question yourself. Blaming yourself didn’t work, now did it? This may be the most courageous thing you will have to do, but stop questioning yourself! It takes a lot for someone to put themselves out there and nothing, I repeat, nothing gives that one person to violate you like that. Everything in your life just simply seems blurry, that time of your life breaks you inside out. Now, the question that arises here is how is this related to consent? Here all that comes is consent, it is one way that we show and give respect. When it comes down to images being ‘leaked’ or shared, it is non-consensual even if it is not an intimate image it is still someone’s private property and no one has right over it. Here's the thing: online harassment, humiliation, and abuse are still harassment, humiliation, and abuse. It's just not accurate to say that "online harassment" or abuse is any less "serious" than the kind that occurs offline.

Being manipulated into sharing these pictures is not ‘giving consent’ to do so. Despite every emotion and thought, taking action is the hardest of them all. Just remember to admire and respect yourself for being so brave and for surviving such a challenging time. This is due to the fact that victims often receive little or no help and are told that they should have known better and should not have given the photo in the first place.

One of Breakthrough and UCLA’s Bruin Consent Coalition’s campaign, #LetsPictureConsent is about non-consensual photo sharing for anyone inspired to take action. This campaign has immensely helped raise more awareness amongst people about the conversation around online abuse.This form of harassment can have serious effects for the victim, impacting every part of their life and future. It is critical to know that at a time like this, you need to support yourself. ‘Consent’, such a simple word, it’s shocking how this one word holds such immense weight. So do yourself a favour and lift this weight you have been carrying, catch a breath because, after all this time, you deserve it!