For someone who can be such a poser in front of the camera
sometimes, getting clicked that day was traumatising.
It was a regular Thursday afternoon when I was travelling
back home from college, taking my everyday metro route on the red line. My
staple women’s coach was a bit crowded so I stood on its periphery- the border
which divides the women’s coach from the general one.
Lost in my phone, I instinctively looked up as I felt
someone’s eyes on me.
To my right, two boys were blatantly clicking my photo
through the front camera on the pretence of taking a selfie. They slyly stood
with their backs towards me, and got out of the way of the camera for a split
second so that they could get only me in the shot. These 16 year olds then
snickered at their masterplan they’d just devised, which had worked because
they now had a girl’s solo photo in their phone.
Having had noticed
two female security guards sitting at the end of the first coach earlier, I
swiftly glanced if they were still there. They were. “Beta ab tum dono perverts dekho” I thought as I hurriedly went to
the guards who could to teach the boys a lesson.
“Excuse me! Waha
ladies coach ke side mein do ladke ladkio ki photo le rahe hai. Aap please
jaldi chalke dekhiye” I blurted and expected them to get up swiftly in that
very instance.
The two looked at me blankly and finally one asked in a low,
confused tone, “Photo le rahe hai?”
Was my story hard to believe? Or they just didn’t understand
what I was saying?
“Haaan! Maine pakka
dekha” I implored. I repeated myself once again and requested them to come
with me once. The gates had opened for a station and I was scared if the boys
might de-board and get away. I kept my eye on them constantly while talking to
the guards lest they shift positions. They were still continuing with their
antics with other oblivious women.
The gates opened for another station. Finally after hearing
me say ‘please’ for the fifth time, they slowly stood up and walked behind me
in that direction. One of them told me that they’ll observe first for
themselves. “Haan theek hai. Aap khud hi
dekh lijiye” I said, glad that they finally stood up. I was confident that
the boys were still doing it at this point.
I stood near the periphery sideways, and in less than five
seconds the boys did the same thing. “Arre
haan, yeh toh kar rahe hai.” One guard exclaimed to the other. The other
guard nodded and after a pause said “Ae
hero!” But it was such a feeble shout that nobody around us took notice.
After three call-outs, the boys finally turned towards us,
like a deer caught in headlights.
“Phone dikhao apna”,
she finally said sternly. “Kya?” one
of the guys said feebly.
“Photo le raha hai? Phone dikha apna” she said again, and
finally people around us took notice. One of the boys nodded in agreement and
started unlocking his phone. But he tapped the phone a solid 10-12 times.
“Arre who delete kar
rahe hai phone kholne ke bahane! Roko unhe” I was shrieking at this point.
But the guards didn’t move forward to grab hold of the phone or even going near
them. And nobody said anything.
It almost felt like the guard was letting him make amends
for his deeds. He finally handed over the phone with a small smile. I grabbed
the phone feeling defeated already, just to see nothing in the phone gallery. The
two boys then very conveniently scurried off and got down at the next station.
India doesn’t really have well-defined laws to distinguish
violation of privacy from creative pursuits. The only photography law our
country has pertains to regulations on land-based photography for certain
locations. The erstwhile ban on aerial photography using drones has been lifted
as of December 1, 2018.
In this case, how can one decide what constitutes
professional work of art and what is an act of perversion? It is jarring to
realise how the same medium can evoke appreciation and outrage alike.
I have been photographed by professional photographers
randomly in various events and shows, and it has not bothered me. In particular
spaces, there is a certain expectation that you can be photographed, hence
building up an implied consent, unless a visitor explicitly refuses when
they’re being clicked.
But what happens on the street? When a well-dressed, DSLR
carrying, usually male photographer captures your face from amongst the crowd?
Are we led to believe that due to the nature of the equipment or status of the
photographer, the lingering threat of perversion will not be there?
These questions were important to me not only as a woman
accessing the public space, but also being the same well-dressed, DSLR
carrying, unusually female photographer traversing the streets of Delhi every
now and then. And not only for photographers, these are important questions for
you too, if you’ve ever happened to occasionally take photos of people on the
street.
For example, how is Mayank Austen Soofi, who
uses a camera phone to take photos of people on Delhi streets, different from
the two boys I encountered in the metro?
One of the things is that of intent. If you made the image,
you own it. But what one does with it is a different question; a question that can
make or break the right to that ownership.
Ownership is a legal issue and your image may be used by
photographers for journalistic and artistic purposes if it was taken in public
or an otherwise permitted setting, like Soofi uses for his blog ‘The Delhi Walla’.
But if the image is used for defamation, and perhaps
intentional infliction of mental distress, or is a case of persistent or
aggressive photography of an individual, one can book a case based on the
nature of the photograph. After the Nirbhaya case, the Indian Penal Code was
amended to include voyeurism as an offence in 2013. The
accused would be liable for conviction under two circumstances:-
·
Any man who watches, or captures the image of a
woman engaging in a private act where the victim’s genitals, posterior, or
breasts are exposed or covered only in underwear. “Private act” includes when
the victim is using a lavatory or doing a sexual act “that is not of a kind
ordinarily done in public”.
·
When the victim consents to the capturing of the
images, but not its dissemination
And what about if the image is a full-body shot of the
victim wearing clothes? Essentially, if someone takes pictures of parts of your
body to masturbate to once they get home, it’s not illegal. Moreover, there have
been entire online communities dedicated to such behaviour on Reddit which are
difficult to track since a lot of them are private.
One such subreddit came to the fore which went by the name
of /r/CreepShots. It was shut down when it gained massive negative attention in
the mainstream media. In protest, the redditors came up with another platform
called /r/CandidFashionPolice. According to reports, it operates on the same
premise of objectifying photographs of unsuspecting women including upskirts,
but it is disguised and defended as a portal which critiques women’s fashion. It
has survived the backlash and is still active today, although not accessible to
everyone since it is quarantined by Reddit.
There might still be other secret or closed groups that a
lot of us are unaware of. This is a kind of criminal case where one can become
a victim without even knowing.