ABSTRACT:
Crime is an act or omission that is ubiquitous, or in other words, it exists in every sector of society, and the majority of the population is complicit in it, knowingly or unconsciously. There is no universally agreed definition of crime, and different jurists and philosophers have different perspectives, but from a legal and legislative standpoint, a crime is an act or omission that is illegal or against the law, and the wrongdoer is liable for punishment. The case is being prosecuted by the state. There are numerous sorts and classes of crimes, and the number is growing all the time. Stalking is a form of communication crime that should not be gendered, but stalking is only prosecuted against women in our society. In general, anyone can be followed, and most of the time they are unaware of it, because in our society, following someone, calling them, asking them questions, staring at them, and so on are not considered crimes unless legal action is done against them. Stalking is defined in Indian Penal code under section 354D. Stalking is the sole term that refers to following someone for an extended period of time. Harassment or threatening actions are also part of this activity. The stalker follows a person around at all times, even at home and at the market, and the stalker also threatens that person by continuously sending texts and making blank phone calls. However, in cyber stalking, the internet or any other electronic media is used to communicate with the target person via e-mails or SMS. A cyber stalker relies entirely on the internet’s invisibility, which allows them to stalk their victim without being recognised. Cyber stalking differs significantly from spamming of mails by a spammer. Cyber stalking is a major offence in India, with numerous cases being filed.
STALKING IN INDIA:
Before the amendment in criminal laws there was no direct inclusion of the term stalking in penal law of India. Stalking was covered under the area of just harassment, which included voyeurism and sexual harassment against women, as well as Section 354 and Section 509 for insulting a woman’s modesty with words or gestures. Due to flaws in the basics of sections 354 and 509 of the IPC, the perpetrator is able to flee the court in the majority of cases since proving the necessary conditions to create a crime is difficult.
- The attack must be directed at a woman
- The perpetrator must have used excessive force
- The women’s modesty must be violated.
As a result, the creation of a distinct stalking law in India was required.
After the Criminal Amendment Act of 2013, stalking is now a cognizable, bailable, and non-compoundable offence with the following penalties:
For the first conviction, up to three years and a fine; for the second conviction, up to five years and a fine.
Stalking is defined as follows under Section 354 D of the Indian Penal Code:
- Anyone who —
stalks a woman and repeatedly contacts or attempts to contact her in order to foster personal interaction despite her clear lack of interest; or (ii) stalks a woman and contacts or attempts to contact her in order to foster personal interaction; or (iii) stalks a woman and contacts or attempts to contact her in order to foster personal
India’s stalking techniques:
There is no single methodology for establishing the crime of stalking; instead, there are a plethora of possibilities and ways to stalk, some of which are as follows:
- Following the girl;
- sending unwelcome and filthy letters and phone calls;
- attempting to communicate aggressively;
- photographing her;
- Parents and friends are abused and harassed;
- Physical assault and threats of physical assault;
- sexual assault threats;
- Visited home for no reason and stood outside the house;
- gave gifts;
- spread stories;
- Cyber-stalking via social media and various apps.
Stalkers come in a variety of shapes and sizes:
- Rejected stalker– someone who follows someone in order to exact revenge on them for personal reasons such as divorce or separation.
- Resentful stalkers are those that follow someone in order to upset them because of their anger and contempt for them in the past.
- Heroic Stalkers are individuals who want to make love, have a relationship, or have intimacy with a victim, and feel that if they follow her, they will be able to do so.
- Predatory stalkers are people that follow victims in order to plot an attack or sexual harassment against them.
The Effects of Stalking:
The impact of stalking on the victim varies, but for many emotionally vulnerable victims, it is severe and psychologically damaging. The majority of the victims suffer from mental health disorders, and they frequently feel vulnerable, out of control, stressed, and anxious. They may also experience a loss of trust, long-term emotions from even close friends, and this can lead to anxiety, bipolar disorders, and chronic anger and stress. In the majority of cases, the victims shift employment, relocate, use a secret phone number, and begin carrying weapons or firearms to protect themselves.
In terms of physical effects, half of the respondents (50 per cent) said they had no impact. Others had a bodily impact on half of the respondents (50%) and 70 per cent of the respondents felt. With 19.3 per cent, the emotional effect of stalking was anger.
In India, stalking and harassment are most common among youth and teenagers, and the problem isn’t that stalking is taught in schools or homes; rather, it is the result of the influence of films, movies, and series that they are watching, which teach them that following a girl or boy, making comments, showing love and care, sending gifts, or attempting to be intimate, etc. are all negative content that is being promoted as Hollywood.
Recently, in the BOYS LOCKER ROOM CHAT case, a group was created on Instagram by students aged 16 to 18 who are from reputed families and schools in south Delhi, where it was alleged that they were making sexually coloured remarks on girls and stalking them by capturing and sending photographs of minor girls online on that group
Stalking Proclamations in the Law:
It is critical that stalking cases be taken more seriously, and it should be a top priority for state and reforming authorities to encourage victims to share their experiences with their family and loved ones, as well as to seek assistance from the police by reporting stalking offences so that they do not suffer alone, and the police must be vigilant and cautious when dealing with such matters.
The Supreme Court, in the case of Vishaka v State of Rajasthan (1997), which was read with an important Supreme Court judgement in the case of Apparel Export Promotion Council v. A.K. Chopra (1999), stated that every act of sexual harassment resulted in a violation of the fundamental right of women workers enumerated in articles 14, 19, and 21 of the Indian Constitution.
In the PRIYA MATOO CASE, a young law student was pursued by Mr Santosh Singh, son of a former IPS officer, who raped and murdered her in her house in Vasant Kunj, Delhi. A number of complaints have been made against the perpetrator at the Vasant Kunj and RK Puram police stations. On January 23, 1996, Mattoo was alone at home when she was raped and murdered by Santosh. After then, in 1996, the case was handed to CBI. The high court sentenced him to death; however the Supreme Court eventually commuted his sentence to life imprisonment in December 2010.
Why are anti-stalking laws discriminatory against women?
In India, stalking is a gender-biased offence in which it is assumed that stalking is carried out by men only, whereas women’s rights are clearly defined by section 354D of the Indian Penal Code, which states: “Any man who—
stalking is defined as following a woman and continuously contacting or attempting to contact her in order to encourage personal engagement despite her evident sign of indifference, or monitoring her use of the internet, email, or any other kind of electronic communication”
So it can be deduced that stalking is a crime committed only against women, and in the above-mentioned case of the Snapchat Story case, the Delhi police officers did not file any FIR against the girl, and she walked free, where the officer stated that “She is a girl who made a plan to create a forged account in order to see how boys react, and she suggested sexually exploiting herself, and it is a crime committed only against women.”
It is just one example, but there are thousands more examples when males are victims of sexual harassment, particularly stalking, yet their cases and stories go unreported and no action is taken by authorities, which is one of the reasons why males commit suicide.
How to file a complaint about stalking?
- To file a police report at the nearest police station
- To file a written complaint against the stalker with the workplace’s authorities or with the institution’s or corporation’s legal cells.
- To file complaints with Cyber Cells, which were established to register cases and provide prompt restitution to victims of cybercrime. Cyber Cells deal specifically with internet-related criminal conduct.
- Women who do not want to come out in the open to file a FIR can file a stalking complaint with the National Commission for Women using the Online Grievance Redressal system. Following that, the Commission deals with local police and begins an investigation into the incident.
- To report stalking and harassment to websites and applications, as most social media websites, such as Instagram, Whatsapp, and others, have reporting methods for malicious and unlawful stalking and harassment. Under the Intermediary Guidelines Rules of 2011, these websites must respond within 36 hours to remove information connected to offensive content.
In India, cyber stalking cases are handled with under the following statutes:
- Information Technology Act 2000:
The Act on Information Technology of 2000-Section 67 of the Act imposes penalties on anybody who publishes or sends obscene information in the form of electronic media. This does not include determining the scope of ISP (internet service providers) and their directors’ liabilities. To prevent being stalked and attracting unwanted attention, women are expected to dress “modestly,” to be inside their homes before nightfall, and to maintain professional and limited relationships with co-workers, neighbours, and other people in order to avoid attracting unwanted attention. Women are still confined even after 73 years of independence.
The safeguarding of data, which is easily disclosed by hackers, is particularly vital for preventing cyber stalking. Section 43 A of the amended IT act is added for the inclusion of a body corporate and the allowing of compensation in the case of a firm or a company that causes any wrongful losses or gain to any person by the way of transmitting any sensitive information and the maintenance of such type of security, then such body corporate shall be liable to pay damages as compensation.
When a cyber-stalker uploads or emails obscene materials to a victim, the Information Technology Act of 2000 comes into play. According to Section 67 of the Information Technology Act, publishing, transmitting, or causing to be published obscene content in any electronic form is an obscenity offence punishable by up to 5 years in prison and a fine of up to Rs. 1 lakh. A second or subsequent conviction carries a penalty of up to ten years in jail and a fine of up to Rs. two lakh.
If the stalker uses the victim’s personal information to publish an obscene message or comment on any electronic media, Section 500 of the Indian Penal Code, which deals with defamation, can be used in the instance of cyber stalking in India. Section 500 makes it illegal to make a false statement about someone or injure their reputation, and it carries a penalty of up to two years in prison, a fine, or both.
- The 2013 Criminal Law (Amendment) Act:
The act makes stalking an offence under Section 35D of the Indian Penal Code (Indian penal code).
This act states that any man who:
- contacts and follows a woman, or attempts to contact such woman, to proselytise personal communication despite clear indications of such woman’s disinterest,
- Observes a woman’s use of the internet, instant messages, e-mail, or any other form of electronic communication is guilty of stalking.
Stalking is highly frequent in India, and it can be done physically or through technological channels in various modalities as described above, and it is a criminal offence punishable by a minimum of three years in prison. Working professionals, students, housewives, and many other women in India are stalked on a regular basis without their knowledge, and this is true not just for women but also for males. Stalking and harassment are not considered as serious crimes, and many women and girls avoid leaving their homes for fear of being stalked.