Wednesday, July 29, 2009

The lawyer says: what are the Indian laws to prevent cyber stalking?

http://www.cybervictims.edu.tf/

The American laws, the English laws and even the Australian laws identify cyber stalker as one who has a *motive to harm* the followed person.

Indian law specifically does not mention anything about stalking or cyber stalker. If you want a very technical legal answer , “cyber stalker” is actually a free bird in India ( as there is no mention of “cyber stalking” in any laws in India). But wait a second. Cyber stalker, you are an offender in India too. How? Cyber stalker peers into the privacy of the individual with an intention to *disturb* the privacy, which is very well protected by information technology law of India. Then how can we teach these “criminals” a lesson or two? I have seen generally after some strong steps taken by the victim ( if the victim is strong enough to face the situation) , the stalking habit of the perpetrator die down. But when it goes beyond control, you have no other way but to contact the police. Even though the present Cyber law is not equipped enough to punish the stalkers, the Indian Penal code has *strong words* to protect harassment which goes very near to the characters of stalking. Hence remember, once a stalker is convicted by the police, he /she can go through rigorous punishments under both IT Law as well as the Indian penal Code. But then how long will it take for the whole process of “cat chasing and capturing the rat”? My friend “Cyber Cop” assured me that if the victim cooperates , the police can nab the “criminal” and start the judicial procedure to punish him for his misdeeds within a month ( when the stalker resides within India) to six months( when the stalker resides outside India) . However, the grim picture is, still now victims don’t feel comfortable to report.

But readers, don’t think that the cyber stalker can stop within the blue screen of the computer. I know several cases where the stalking actually started inside the net and the NET spread outside the internet also. In my earlier posts I have given many examples of such online –offline stalking. I am sure, many of you my readers, can relate the story to your own cases, even the cases of some of your friends too. Do you know why such incidences are becoming “common stories”? It is because of the Victims of stalking. Be it a man or woman , the victim feels scared first and then feels “why should I report ?” better hide than be object of discussions .Come on, if you don’t report then who else will?