Page 214 - 220 DOI: https://doij.org/10.10000/IJLSI.

111087

INTERNATIONAL JOURNAL OF LEGAL

SCIENCE AND INNOVATION
[ISSN 2581-9453]
Volume 3 | Issue 5
2021
© 2021 International Journal of Legal Science and Innovation

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214 International Journal of Legal Science and Innovation [Vol. 3 Iss 5; 214]

Legal Implications of Dating Apps in India

DEVESH PANDEY1 AND SAUMYA SHUKLA2

ABSTRACT
Within the last 10 to 20 years technology development skyrocketed and with it, human
lifestyles also changed. Dating someone is an old concept, now online dating is in trend.
In this paper, we will look at the different perspectives of online dating and its legal
obligations. The different aspects like pandemic which affected almost everything in the
whole world, how it touched the dating apps and their users, teenager’s fantasies and
different risks & laws and cases related to it.
The paper shows the wide aspects which are generally missed by the users which leads
them to a blind corner of extortion or harassment. It is not only the necessity of users to be
vigilant but also the law enforcement authorities have to focus on these new emerging
issues with new and advanced solutions with giving their fellow citizens a sense of security
and safety.
Keywords: Online dating apps, money extortion, harassment, IT Rules

I. INTRODUCTION plethora of dating apps-Tinder, Ok Cupid,

Truly Madly, Happen, Woo, Grindn, Aisle,
In a country where marriage, dating, friend-
etc.
ship is an issue that is highly sensitive and
personal, online dating is considered to be an They have made the pain of finding a suitable
out of box approach. Human relation was the match simple by providing a platform to
only concept that was spared from the people of every kind. The dating apps gained
internet, unlike our work affairs. The ground because it is helpful for many to find
influence of western culture has made the mates that are near you. You get access to
idea of modern love changed. We have come profiles of people in your vicinity, with a
far away from times when parents did not touch or a swipe. The similarity of profiles
permit their children to choose their partner helps people to find a mate of their kind, the
to when parents have left the age-old method ones they can bond with.
and given the choices in the hand of their India is a predominantly conservative
children. This has led to the launch of a society, with courtship customs culture that

1
Author is a student at School of Law, Galgotias University, India.
2 Author is a student at School of Law, Galgotias University, India.

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has been passed down from generation to the data they have shared with the apps can
generation. However, times are changing: be sold, shared with others. Although they
the integration of improved smartphone may guarantee you that your data is not
technology (and accessibility), less shared but a few recent incidents have
expensive internet services and a growing reported that these apps are tracking users,
middle class have led to a cultural shift. sharing highly personal and sensitive details
with the third party.
II. PANDEMIC AND ONLINE DATING

Who would have thought that in this III. RISKS FROM ONLINE DATING

pandemic the world will turn all online and As you swipe, type, and encounter online
that’s when the formula of online dating similarities, dating apps collect all sorts of
gained popularity. There is a tremendous rise information. There are people you tell
in the usage of these apps. According to the directly, such as your name, job, partner
research, Tinder recorded 3 billion swipes in needs, and sexual preferences. They collect a
a day in March 2020. Ok, cupid has seen a lot of data from your Smartphone, too. Most
rise in the dates by 700% in the period of ask for access to your location, and more
March to May. Bumble another dating site information such as contacts, your photos,
has reported a 38%increase in video calls. It Wi-Fi and network connections, and files on
may be the result of the loneliness that your device.
everyone felt when life was confined to four Every coin has two sides and to know the
walls of the house, away from family and other side is as important as the first side. If
friends. But the increase has also lead to you use a dating app or many other
negative consequences of the same. Privacy applications for that issue, you also provide
violations, cyberstalking, bullying and data in vague ways. For example, in addition
harassment are words that have stuck to to the time you spend wandering over
online dating. someone's profile, you may express your
The apps have although made finding a interest or dissatisfaction with the type of
partner easier but the hindrance to privacy person you are viewing, which may include
has come out to be an issue for all. The details such as their racial background or
choices are made in a blink of an eye. People smile in their photos. Dating apps can be a
on these apps share their data, the best they way for personal data to turn into a business
can so that the app's algorithm can properly model.
match it with others that may be interested in Recently Facebook launched its dating
our profile. They do not believe that may be service Sparked that claimed that data

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collected will be kept separate from user Joseph draws a parallel with the advent of
profiles but this does not mean that this will ride-sharing apps when he describes the legal
not help Facebook turn a profit or gather changes in the mobile gaming industry -
more information about its users. The other something he saw as inevitable: 'When Uber
major issue with these apps is the fake arrived in India, there were no laws against
profiles that may be a concern and make the it, because all of our laws were for the time
app not reliable. A person can eventually lie we all rode. So there needs to be changes, and
about his marital status, relationship status, it is slow, but it is definitely possible and it is
and even personal information. something we need to know as a business. '

The people get tricked by such incidents. The Apart from the absence of a legal framework
scammers have entered every world now and that directly regulates dating apps, certain
also the biggest fraud after all is the romance general rules governing computers and the
fraud. the people use this app, some to find a Internet apply. The Information Technology
mate other to get into a sexual relationship Act, for example, addresses issues of
with a person. This damages a person misrepresentation and misuse of data,
physically as well as mentally. The including data collected by mobile phone
emotional damage may lead to depression, identification services - data that may appear
shock, anger, and shame. to be the most sensitive in India. And hence

Even this can lead to major money scams. considering the laws of attraction brings

Even the LGBT community feels a sense of forth that the use of these acts are really

unreliability for the same apps. important for people.

Law of Attraction Teenager’s Fantasies

Despite the major cultural changes Despite the fact that dating is still a taboo

surrounding India's fraudulent policies, local issue, Indians swipe directly on Tinder more

laws still reflect conservative national roots. than any other dating service on the market.

Lack of specific regulations requires that Leading the internal legal profession is Jared

internal representatives be more strategic Sine, a legal officer and secretary of Tinder's

when it comes to internal policy making. parent company, Match Group.

The legal framework governing mobile ‘India for us is a great opportunity; we see a

gaming applications in India is still generation of young members of the Indian

developing rapidly. community exploring who they are, how

they are dating and how they are finding
love, ’he explains.

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217 International Journal of Legal Science and Innovation [Vol. 3 Iss 5; 214]

‘There are certain cultural challenges in India In every generation, teenagers are always
because of other cultural practices around one step forward from their parents in the
how relationships and marriages and all technological field. So, this generation is no
those things start - they are a little different exception to it. Nowadays, not only
than other places in the world. So we really teenagers but persons of all age groups using
had to think of a better way to approach that. the internet, phone, and cyberspace., but
Legally, our first approach was to adopt the when it comes to teenagers, they are one step
best practices and standards we have in other forward. They are completely involved in
countries, and then apply them to what we do electronic devices and after the arrival of the
in India. '' pandemic, it boomed the condition.

The legal framework governing mobile They frequently use dating apps for fun and
gaming applications in India is still short-term relationships just for their sexual
developing rapidly. Witnessing this cultural fantasies fulfilled. Such conditions are giving
and legal change is the service of a veteran, rise to belief in a shallow, casual and faceless
BharatMatrimony. The company has been in relationship which are completely lacking
the dating market for almost two decades and emotional stability in their young minds and
is a prominent product of matrimony.com. that not only affecting their minds but also

‘Matrimony.com is a pioneer in making creating a section in society that is

online match in India, having launched its emotionally shallow and create great

services in 2000. Laws and policies have implications in the society in upcoming ears

been changing rapidly since then. Over the and decades.

years, our team has developed expertise in A recent study by Kaspersky showed that
legal matters related to the field of drama, about half of the population,i.e., 48%using
’said the head of law and administration at online dating apps for fun, while 13% of the
BharatMatrimony, Ravichandran Subraman- population uses it only for sex, and the rest
ian use it for serious long-term life partners.

‘Dating is a new concept in India, but our Not only this many other data have been
team is armed to deal with any changes at this proven such in with respect to female
stage.’ fantasies.

Starting as a computer-based service, the

company has a variety of functions to install
a mobile dating system to keep it
competitive.

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New IT rules for OTT platforms, new attached to emotional levels, as in the cases
intermediary guidelines for social media of domestic violence women many times do
platforms but where online dating apps is: not register complaints against their husband

There are no laws that particularly regulate and in-laws and that at last harm the women

the online dating system in India. The themselves.

existing Information technology Act, 2000 ● Victims are not much aware of the
facilitates lawful digital, electronic and laws so they see that kind of fraud and
online transactions to prevent cybercrime but harassment did to them as in-person and
no such provision regarding dating apps. But hesitate to discuss it with friends and family.
they can be held liable with little scope as Also, they sometimes don’t see it as online or
they have the responsibility of providing an cybercrime or problem.
intermediary platform to their customers. As ● Once victims think of complaining
they are platform providers so they have a about it at the police station, they start
responsibility to show the correct and thinking of its outcome and think as there are
verified information and for such things they no specific laws so they will not get any
can be held liable. remedy, and due to less legal knowledge,
As the use of dating apps in India is they usually do not register any cases.
comparatively new with respect to the West IV. CASES OF CYBER FRAUDS AND
but the use of dating apps is increasing very
CRIMES IN DATING APPS
actively not only in tire 1 but also in tire 2
As there are very few reported cases but at
cities and hence our government is not
some level, people are arising and started
prepared yet to deal with its challenges.
reporting it. A very classical example of
Government has to take steps in the
dating fraud is the Russian Biwi Con case[1],
upcoming years. At least government has to
a pretty Russian girl befriend an older man
make laws that compel these apps to follow
online. After chatting and talking for some
the digital protection standards to prevent
time she shows interest to come over to India
fake profiles and identity theft. It is very
and loves to learn more about Indian culture
evident that there are scams, fraud, and
and him but due to lack of finances, she is
criminal cases but the official registration of
unable to visit India. This is the time where
cases is very low, which may be due to the
it all starts. Then the man feels sorry for her
following reasons:
and transfers money for traveling to India
● The sufferers probably don’t take
and money was transferred buy services like
action against someone to whom they are

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western union rather than any bank so the Union of India it is cleared that there is a
tracing becomes more difficult. And the next constitutional right to privacy is inherent to
day game of these criminals starts by the right to life, equality, and fundamental
blackmailing him to share the call records freedom. And also held the right to privacy
and videos with his wife if he does not also means having intimate relations of one
transfer more money. In such cases, a person own choice and having the right to gender
does not go to the police station so that his orientation and gender identity. In the case of
present relationship with his wife and other Navtej Singh Johar, the court held section
persons will not ruin. Taking advantage of it 377 of IPC unconstitutional, and Justice
the money is extorted heavily. Chandrachud explains that this section had

In another case, a 29-year-old Bangalore- marginalized a section of society and was

based software engineer Suman Reddy destructive to their identity.[2] But after all

posses as a woman on a classified app called these judgments there is still stigma attached

Lecanto. By the time Guntur police arrested to the Queer community in our society that’s

him, Reddy had already cheated on more why before going to the police station they

than 500 people making over several lakhs. think about what people will say and how

The excuses used were a medical emergency, society will see them.

sudden travel plans in which credit cards got Prevention is Better than Cure
stolen, and many more. The age-old saying is always applicable in
Besides these cases, the queer community is this technological world. In India generally,
more targeted as they are more reluctant to the legal maxim “Caveat Emptor” meaning
go to the police station. As in the case let the buyers beware is applied and
Mumbai based Ashish, a gay person, followed, so Indian customers have to be
traveling to Delhi for work and had a match more vigilant when taking any services.
on a dating app, so decided to meet him but There are many signs and signals of romance
when he met he was threatened and scammers on these apps through which
demanded money of about Rupees 20000, he customers have to be aware:
has to run away to save his life. After way ● Romance scammers want you to talk
back to his home when he talks to his friend, on personal messages or phone rather than
he found that he is not the only one in the gay using the dating app chatbox.
community who has been caught in fraud
● Usually, their profiles look like any
that way but many others also. Although in
model and only professional pictures are
the case of Justice K.S. Puttaswamy vs.
there in their profile.

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● Expresses strong emotions to you in of transformation from being social to being

a short span of time. a tech guy more fast and quick. Some use for

● Ask you a lot of questions and not tell fun some uses for real purposes but at last,

much about them. the money is made by the app manufacturers

and they don’t care really in this
● They pretend to have some kind of
opportunistic and materialistic world if some
emergency to convince you to send you some
percentage of their customers get cheated on
money.
their apps because overall business and other
After being aware of the tactic daters can get customers are having their piece of work
them shielded by following steps: done, including ordinary customers and
● Once you get some match then do scammers, without any problem. Many
some reverse search to check whether the success stories overshine the frauds and
profile is original or fake. business go as usual. There is a need to

● Customers must go for video chats formalize the laws in proper ways so that the

before meeting personal and use public companies and app manufacturers have some

places for meeting as it is found in many kind of pressure on them to be correct. They

cases that crimes happened in private places, should be bound to do an investigation and

not at public places. solve the issues of their customers. Citizens

should not wait for something to happen the
● Use your different profile pictures on
government take action and make rules but
dating apps other than the usual picture in
have to be more attentive and active
social media profiles so that tracing you on
especially in the fast-changing tech field to
social media will not be easy.
cope up with it. At last, it is important to be
● Last but not least is to follow your
more aware of legal knowledge and come
intrinsic feeling and take the full time to
forward with problems so that voice could be
make any move.
heard.
V. CONCLUSION “When you swipe, the future of the human
Western culture hits all over the world and race is quite literally at your fingertips”.
South Asian countries are no exception to *****
them. India being an overcrowded country
with youth in maximum is a very fruitful
place for these apps and also the changing
minds towards technology make this process

© 2021. International Journal of Legal Science and Innovation [ISSN 2581-9453]