Author:
Neha Pallav
“Stalking is an extension of
harassment elevated to a level where it is causing disruption or physical
threat to the person being harassed.”
-
Mark
Childress
According
to the report of survey conducted by feminism in India around 50% of women face
online abuse in the major cities of India. Not just women, men are also
victimized under cyber stalking. According to experts the ratio of cyber
stalking faced by men and women is in 50-50 proportion. However, under law only
a man can stalk a women and it can’t be vice-versa. So, it means that law
provides recourse only for the women and the law is not gender equal. Stalking
can be both online and offline. Online stalking is popularly known as cyber
stalking.
Definitions
A
person is being stalked if someone repeatedly follows him/her, watches or tries
to harass them. A stalker can be any person known or unknown. There are several
types of stalkers. Following are few of them:-
(i)
Rejected Stalker
Thistype
of Stalker includes person who are upset with the end of any friendship or
romantic relationship. They have the characteristics of being jealous and
self-centered. Moreover they are over- dependent on the person whom they are
stalking.
(ii)
Resentful Stalker
This
type of stalker includes person who seeks revenge due to end of a relation.
They are irrationally paranoid. They more often verbally assault their victims.
(iii)
Predatory Stalker
Predatory
Stalker has sexual gratification. General they do not make any physical contact
but uses surveillance to track their victim.
(iv)
Intimacy Seeker
This
type of stalker seeks intimate romantic relation with their victims and can
become jealous if their victim enters in a relation with other. If they are
rejected they will continuously threat victims through phone calls, letters,
etc.
(v)
Incompetent Suitor
They
have inadequate social skills. They also seek to have a relation with victim
but do not have the ability to accept the truth that they are meant for that.
(vi)
Erotomania and Morbidly Infatuated
This
type of stalker feels that their victim loves them even though the reality is
something else. They might not have any contact with the victims. The stalker
is generally paranoid.
LAWS RELATED TO STALKING
1.
The
Criminal law (Amendment) Act, 2013.
This
Act was introduced through Justice Verma Committee. Under this Act “Stalking”
is an offence under Section 354 D of the Indian Penal Code. Both online and
offline stalking was recognized as an offence.
Section
292 A of Indian Penal Code deals with offences like printing, publication, etc
of indecent matter or any matter intended for blackmail.
2.
Information
Technology Act, 2000
The
Information Technology Act, 2000 was an important step to check offences in the
cyberspace. Offences like identity theft, impersonation, sending obscence
material etc, are dealt under Chapter IX of the Act. However, the act does not
directly address the concept of cyber stalking. The Act addresses the
consequences of online stalking.
For
example:Section 66 D deals with the situation where multiple accounts are
created to stalk a particular person online. This is referred as offence of
Impersonation. In such cases a person fakes his identity with an intention to
deceive another person by using a computer or any other communication device.
Eve teasing is one of the major offences related to stalking.
In
Inspector General of Police v. S.
Samuthiram, the Supreme Court of India has laid down 8 guidelines to
curtail eve teasing. The court also address the importance to take up
complaints related to eve teasing in public places such as educational
institution, public transport, cinema halls, etc by victims and by standers.
3.
The
Sexual Harassment of Women at Workplace(Prevention, Prohibition &Redressal)
Act, 2013
The
term Sexual Harassment as defined under Section 2(n) of the Sexual harassment
of Women at Workplace (Prevention, Prohibition &Redressal)Act, 2013 also
includes online harassment. Online harassment include offences such as hacking
or vandalizing the sites of victim, false accusations which is defamatory in
nature, personally targeting the victim of crime, etc.
EFFECT ON VICTIMS
Stalking
can have psychosocial impacts on victims. In several cases it has been seen
that victims complain of various serious consequences of Stalking like
increased suicidal nature, fear, depression, anxiety, stress disordermaking
victims prone to mental instability, etc.
RECENT DATA
According
to data publish by National Crime Records Bureau in the year 2017 around 555
cases of cyber stalking and cyber bullying of women have been registered across
India. Out of the cases registered the highest number of cases were seen in
Maharashtra i.e., 301 cases. The report also mentions cases related to cyber
stalking against children.
Year
|
No of Cases Registered
|
2017
|
8145
|
2016
|
7200
|
2015
|
6266
|
2014
|
4699
|
CONCLUSION
Research
shows that approximately a third of population of India might be considered as
victims of Cyber stalking. Cyber stalking has emerged as a new form of deviant
behavior and is far different nature if compared with offline stalking.
Cyber stalking take place over a shorter period of time. Although Cyber stalking
is often not consider as matter of prime concern as that of cyber terrorism but
it has emerged as an important global
issue. Therefore it becomes a topic of major concern for people to be aware of
this burning issue because to protect your rights, you must be first aware of
it.
About the author
Neha
Pallav is a third year law student from Chanakya National Law University. LAW
EXPLORER wishes her all the best for her bright future!
