Whether on your way to work or school, your routine visits to the grocery store or your gym, or on the walk back home, if you have been asking yourself whether you are being stalked, chances are that you are.
A specific provision for stalking was introduced into the criminal laws of our country in the year 2013. Stalking is now punishable with up to five years of imprisonment. Yet, our society does not view ‘stalking’ as a criminal offence, perhaps owing to all the romanticism that Bollywood attaches to it.
As a result, incidents of stalking are not taken seriously unless they turn sour or result in far more heinous crimes. Victims of stalking have been attacked, raped and even murdered.
Awareness about stalking laws can help victims know when to report a crime and how to access justice.
What constitutes stalking?
- A man repeatedly following a woman, despite clear indication of her disinterest.
- This includes instances where the man contacts or tries to contact her in-person or through calls, texts or by other online means.
- The crime of stalking covers cyber stalking as well.
- The crime of stalking is not gender-neutral and only applies where it is a man stalking a woman, not the other way around.
- The man in question cannot be held liable if his actions were reasonable or legally justifiable.
What to do if you are being stalked?
- Do not ignore incidents of stalking. Share and discuss with your trusted family members and/or friends who can support you.
- File a complaint with your nearest police station giving a description of the stalker.
- If you are facing online stalking through social media platforms, emails, or the like, you can file an online complaint with the National Cyber Crime Reporting Portal by using the following link – https://cybervolunteer.mha.gov.in/. Also, each state has a cyber police station or a separate cyber cell in the police station to deal with cybercrimes. If you are finding it difficult to file an online complaint, you may register an FIR with the nearest cyber cell.
- Reach out to the National Commission for Women (NCW). You can call them on 011-26944880 or 011-26944883 or file an online complaint with them on their website www.ncw.nic.in or by clicking on the link – https://ncwapps.nic.in/onlinecomplaintsv2/frmPubRegistration.aspx.
Changes required to the current system
In my years studying law at the University of Delhi, the 1996 rape and murder of ‘Priyadarshini Mattoo’ was not only one of the most talked about cases between the female students but also one that affected us deeply. The fact that the victim was a student of law at our university made it very personal to us.
Priyadarshini Mattoo was a 25-year-old law student who was found murdered in her home in Vasant Kunj, New Delhi on 23 January 1996. She had lodged several complaints of harassment, threats and stalking against the perpetrator, Santosh Kumar Singh, who was also a student of law at the university. But the perpetrator continued to torment her for years.
On the fateful day, she was found raped and murdered with 19 injuries to her person, besides 3 broken ribs. Santosh Kumar Singh was found guilty of rape and murder, and sentenced to life imprisonment. This case was one of several in India that highlighted the inadequacies in our criminal law system.
Even today, there are several issues concerning stalking incidents in our country. For one, lack of an exclusive machinery to deal with such incidents has enabled the idea that stalking is not a serious offence. Also, stalking is a bailable offence and perpetrators typically get released on bail until the trial. This leads to fear in the minds of victims who believe it will be easy for perpetrators to cause them harm.
As technology has continued to advance, so have incidents of stalking. Stalkers are able to get more information about their victims much easily through smartphones, computers, and similar devices. In such circumstances, swift action against the offenders is paramount.
[Disclaimer: This post is an attempt to raise awareness of laws affecting Indian women. The post is only for general information and is not meant to substitute legal advice.]
