In India, laws concerning stalking have undergone significant evolution to address the menace of unwanted pursuit and harassment. Stalking, defined as the persistent and unwanted pursuit of an individual, has increasingly become a serious concern in the country, necessitating robust legal provisions for protection. The Criminal Law (Amendment) Act, of 2013, introduced amendments to the Indian Penal Code (IPC) to specifically criminalize stalking, recognizing it as a distinct offense. Furthermore, the Code of Criminal Procedure (CrPC) provides procedural guidelines for handling cases related to stalking, ensuring swift and effective justice for victims. These legislative measures aim to curb the alarming rise of stalking incidents and safeguard the rights and well-being of individuals in India.
Legislation on Stalking in India:
Section 354D of the Indian Penal Code addresses stalking and is currently categorized as a bailable offence. The first instance of stalking is considered bailable, allowing the accused to seek bail directly from a police station without being presented before a court. Subsequent stalking offences are classified as ‘non-bailable,’ providing the court with discretion in granting bail.
The Justice Verma Committee, established in 2012, recommended making stalking a non-bailable offence with a punishment ranging from one to three years in jail. Despite efforts to enforce this through the Criminal Law Amendment Ordinance, opposition prevented its implementation.
Stalking
The only term stalking means to consistently following any particular person over a long period of time. This activity also involves the harassment or threatening behavior. The stalker consistently following a person everywhere at home, market etc, and the stalker also threaten that person by repeatedly sending the messages, doing blank phone calls.
Whereas Cyber Stalking there is a use of the internet or any other electronic media by which the communication can be done through the E-mails or SMS to stalk that person.
The cyberstalking cases are dealt in India by the:
1. Information Technology Act 2000.
2. The criminal law (Amendment) act 2013.
Challenges and Concerns:
- Rise in Cases, Low Conviction:
- Stalking cases have witnessed a nearly 50% increase, but the conviction rate remains disappointingly low.
- Bail and Delay in Charge Sheets:
- The bailable nature of the first offence allows the accused to obtain bail swiftly, potentially causing complainants to lose their determination due to delayed police charge sheets.
- Pressure on Complainants:
- Complaints are sometimes coerced into withdrawing cases, adding to the challenges in addressing stalking cases seriously.
- Dismissal as Harmless:
- Stalking is often downplayed as harmless, ignoring the psychological trauma and restrictions it imposes on women.
- Potential for Violent Crimes:
- Stalking can escalate into more severe crimes, such as murder and acid attacks, emphasizing the need for a proactive approach.
Desired Changes:
- Swift Punishment:
- Stalking should be recognized as a crime warranting prompt punishment. Time-bound trials could contribute to higher conviction rates.
- Social Attitude Shift:
- While legal changes are essential, a more critical shift in societal attitudes is needed. Stalking must be perceived beyond annoyance, with a focus on respecting and valuing women’s honor, dignity, and choices.
- Holistic Approach:
- Efforts should go beyond legal amendments, addressing societal norms and beliefs to create an environment that discourages stalking and promotes gender respect.
- Victim Support:
- Establishing support mechanisms for victims, ensuring their safety, and providing resources for mental health can encourage more survivors to come forward.
FAQs
1. What constitutes stalking under Indian law?
- Stalking in India is defined under Section 354D of the Indian Penal Code (IPC). It encompasses following a person, attempting to contact them despite their disinterest, monitoring or observing them persistently, or engaging in any form of communication that induces fear or distress.
2. Is stalking a serious offense in India?
- Yes, stalking is a serious offense in India. It is punishable under Section 354D of the IPC with imprisonment of up to three years for the first offense, extendable to five years for subsequent violations. The law aims to protect individuals from unwanted attention that causes harassment or fear.
3. How can a victim of stalking seek legal recourse in India?
- Victims of stalking in India can file a complaint with the police, providing evidence such as messages, emails, or witnesses to support their case. Legal action can be taken under the provisions of Section 354D of the IPC. Additionally, victims can seek assistance from local authorities or NGOs specializing in women’s rights for support and guidance.
4. Are there any preventive measures against stalking in India?
- Several preventive measures exist to combat stalking in India. These include public awareness campaigns to educate individuals about the legal implications of stalking and the importance of respecting personal boundaries. Additionally, stricter enforcement of laws and prompt action by law enforcement agencies can act as deterrents against potential stalkers.
5. Can stalking laws in India be improved to better protect victims?
- While existing laws provide a framework for addressing stalking, there is room for improvement. This could involve enhanced training for law enforcement officials to handle stalking cases sensitively, establishing specialized units to investigate such offenses, and implementing measures to expedite legal proceedings to ensure timely justice for victims. Additionally, raising awareness about stalking and providing support services for victims can further strengthen the legal framework.
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