Now India can boast of an anti-stalking law

http://www.cybervictims.org

The December 2012 brutal Delhi rape had given birth to numerous issues. This included knee jerking awakening regarding the safety of women and a feeling of insecurity due to too many laws but too less execution of them. The incidence had also showcased the need of new sensible laws which can protect women not only in theory, but also in practice. The best result of this painful incidence is probably the Justice Verma committee report on proposal to amend the criminal law of India. The report did promise to fill in many gaps which were left for so long by numerous law amendment committees. Undoubtedly one of the notable moves by this committee was giving legal recognition to the offence of Stalking.  In my blogs and many of my write-ups I had pointed out that we in India really needed a legal recognition for stalking. I had also pointed out in our 2010 report “Cyber victimization in India : A baseline survey report” that many individuals, including victims do not actually understand the nature of stalking, especially online stalking. In this report we had analysed online stalking as follows:

“In real life, stalking   if we analyze the US laws on stalking, the nearest explanation of cyber stalking could be found in Violence Against Women and Department of Justice Reauthorization Act of 2005 which  amended Communications Act of 1934 (47 U.S.C. 223(h)(1)) through Section 113 to include the use of any device or software that can be used to originate telecommunications or other types of communications that are transmitted, in whole or in part, by the Internet for the purpose of  ‘stalking’ , annoying and harassing others as penal offence. This US provision attempts to explain cyber stalking as follows;

Cyber stalking= following the victim’s internet activities  + using digital device, software to create  harassing, threatening , abusing mails/messages  etc + transmitting the said mail to the victim’s inbox and / or victim’s friends or relative’s inboxes + successfully creating fear, annoyance, irritation harassed feeling in the victim.

We feel those who never understood how stalking may have happened or whether stalking has at all happened or not, perhaps feel confused with the whole component parts of the stalking. In one word, when ‘following’ is added by Mens rea to commit harm and it is successfully digitally carried out, we can say cyber stalking has happened.”[1]

I am extremely happy to note that the Verma committee report in January, 2013 has built up anti stalking law quite in the same tune. The report suggests introduction of S.354C(1) to the Indian Penal code which defines stalking in following lines[2]

“Whoever follows a person or contacts or attempts to contact such person to foster personal interaction repeatedly despite a clear indication of disinterest by such person or whoever monitors the use by a person of the internet, email or any other form of electronic communication or watches or spies a person in a manner that results in fear of violence or serious alarm or distress, in the mind of such person or interferes with the mental peace of such person, commits the offence of stalking.”

Note that the proposed law specifically mentions the behavioural pattern in the offence of stalking which we in 2010 report summed up by stating  “when ‘following’ is added by Mens rea to commit harm and it is successfully digitally carried out, we can say cyber stalking has happened”. The proposed law has mixed up offline as well as online stalking giving much scope to experiment with S.66A of the Information Technology Act,2000(amended in 2008)(punishment for sending offending messages through communication services etc). The punishment that the proposed legal provision offers is however expanded from 1 year to 3 years and also with fine. This can actually bring the offence at par with S.66A of the IT Act.

          It is expected that this proposed provision would finally prove beneficial to harassers who take up stalking specially through cyber space to victimise others. Even though the proposed law is expected to draw criticism for its proviso and also for its effectiveness in the long run, it is still a welcome move.

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[1] See pg.12, Halder, D., & Jaishankar, K. (2010). Cyber Victimization in India: A Baseline Survey Report. Tirunelveli, India: Centre for Cyber Victim Counselling. Accessed on 25-01-2013

[2] See pg 437 of the Report of the committee on amendments to criminal law accessed from  @ http://ibnlive.in.com/news/full-text-justice-js-verma-committee-report-on-amendments-to-criminal-law/317383-53.html on 25.01.2013

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?