This article has been written by Ms.Devika More,a 2nd year LLB Student from D.E.S.’S Shri Navalmal Firodia Law College, Pune.
Stalking is a prevalent form of harassment that can cause significant physical, mental and emotional distress to the victim. Many countries, including India, are aware of the seriousness of this problem and are taking steps to combat stalking as a serious criminal practice. This article examines the situation of stalking as a human rights violation under Indian law. examine legal provisions, their development and their impact on victims, emphasising the importance of recognizing stalking as a human rights abuse.
Understanding stalking
Stalking is defined as a pattern of unwanted and obsessive attention or behaviour towards another person that causes fear, distress, or annoyance in that person. Stalkers often engage in activities such as tracking, spying, repeated unsolicited communications, and invasion of the victim’s privacy.
Stalking is often equated with harassment and torture by someone who has a keen interest in others. Insane narcissism, anger, revenge, retribution, envy, obsession, mental illness, power and control, sadomasochistic fantasies, sexual deviance, internet addiction, and religious fanaticism are just a few of the psychological factors that lead to stalking. department. Stalking can lead to other crimes such as theft, kidnapping, robbery, extortion, trespassing, and acid attacks.
Types of Stalking in India
follow women
Cyberstalking through various social media apps
Click on the photo
start a forceful conversation
sexual assault threats
Sending unsolicited messages spread false rumours
Human rights framework
The Universal Declaration of Human Rights (UDHR) and other international human rights instruments provide a framework for protecting the dignity, security and freedom of individuals. Several rights are directly related to stalking, including the right to life, liberty, personal safety, privacy and freedom from torture and cruel, inhuman and degrading treatment. Stalking violates these basic rights by exposing individuals to ongoing fear, emotional distress, invasion of privacy, and psychological harm.
Recognize stalking as a violation of human rights
Given the serious impact stalking has on individuals, it is imperative that stalking is recognized as a human rights violation. Stalking undermines victims’ rights to life, safety and liberty as they live in constant fear and are at risk of physical violence. Furthermore, stalking violates the right to privacy, as stalkers persistently intrude into private lives through surveillance and unwanted contact.
Recognizing stalking as a human rights violation has many benefits. First, it allows the development of a comprehensive legal framework and policies that explicitly treat stalking as a crime. Such awareness enables law enforcement agencies to take appropriate steps to ensure the safety of victims and to hold perpetrators accountable. Second, it promotes public awareness and understanding of the serious nature of stalking, facilitating early detection and intervention. Third, facilitate the provision of victim support services and resources, including counselling, protection and access to justice.
Indian legal framework
The issue of stalking has received a lot of attention in India in recent years, leading to the introduction of special laws to address the issue. The Criminal Code (Amendment) Act 2013 was an important step in criminalising stalking. This act introduced Section 354D into the Indian Penal Code (IPC) dealing with stalking.
Under the Indian Penal Code, 1860, section 354D provides for the provision of stalking
“(1) Any man who–
(i) follows a woman and contacts or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman;
(ii) monitors the use by a woman of the internet, email, or any other form of electronic communication, commits the offence of stalking:
Provided that such conduct shall not amount to stalking if the man who pursued it proves that–
(i) it was pursued for the purpose of preventing or detecting crime, and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State; or
(ii) it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or
(iii) in particular circumstances, such conduct was reasonable and justified.
(2) Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.”
Under Information Technology Act, 2000
Section 67 states, “Penalty for publishing or transmitting obscene material in electronic form.” – publishes or transmits any material in electronic form, or causes the publication or transmission thereof, that is obscene or that appeals to lewd profit, or whose effects are: Appropriate, pampering. Having regard to all relevant circumstances, any corrupt person who may read, see or hear the facts contained therein shall, on first conviction, be sentenced to some form of imprisonment for a period of up to three years. shall be punished. The maximum fine is 5 lakh rupees, and on subsequent convictions, imprisonment of any kind for a maximum of five years and a maximum fine of 10 lakh rupees. ”
Human rights violations
Stalking by its very nature violates several basic human rights. Let’s see how stalking violates these rights.
Privacy Rights:
A stalker directly violates an individual’s right to privacy, as the stalker violates an individual’s privacy and constantly monitors their activities. Victims feel constantly monitored and their personal lives are violated.
Right to safety:
Stalking instils fear and anxiety in the victim. They live in constant fear of possible harm or violence, which can lead to severe emotional distress.
Right to dignity:
Stalking robs victims of their dignity and self-esteem. Relentless pursuit and unwanted attention can erode their self-esteem and lead to emotional trauma.
Right to mental health:
The ongoing anxiety, fear, and stress caused by stalking can seriously affect the mental health of victims. They can suffer from depression, panic attacks, post-traumatic stress disorder (PTSD), and other mental disorders.
Equal Rights:
Women are particularly vulnerable to stalking, making it a gender-based crime. Recognizing stalking as a human rights violation is crucial to promoting gender equality and combating gender-based violence.
India anti-stalking law
The Criminal Code (Amendment) Act 2013 introduced Section 354D to the IPC to regulate stalking. For the purpose of this provision, stalking is defined as someone who intentionally and repeatedly follows, contacts, or attempts to contact another person while inflicting fear or distress despite apparent signs of indifference. Penalties for stalking are up to three years in prison for a first offence, but more severe penalties are possible for subsequent offences.
Victim impact
Stalking has a significant impact on a victim’s physical, psychological and social well-being. Constant fear and intrusion into their lives leads to loss of trust in others, social isolation, and reduced quality of life. Victims often experience feelings of guilt, shame, and guilt, compounding the trauma. It is imperative that society and the legal system provide support and protection to victims of stalking.
Issues and Future Direction
Although India has made progress in combating stalking, some challenges remain. These challenges include social stigma, lack of awareness of the law, and underreporting of cases due to inadequate victim assistance mechanisms. It is important to strengthen public awareness campaigns, strengthen victim assistance services and ensure effective enforcement of existing anti-stalking laws.
Conclusion:
Stalking is a violation of human rights and deserves the utmost attention and action from both the legal system and society. Recognizing stalking as a serious criminal offence is very important to protect the privacy, safety and dignity of individuals. India has made progress in introducing specific legislation, but more efforts are needed to raise awareness, improve reporting mechanisms and provide comprehensive assistance to victims. By actively fighting stalking, we can create a safer and more inclusive society where the rights of all are respected and protected.
References:
Stalking laws in India (finology.in)
https://indiankanoon.org
Anti-Stalking Laws in India (myadvo.in)
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