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.