This article has been written by Ms. Muskan Chugh, a student studying Ll.B. from Department of Laws, Panjab University, Chandigarh. The author is a 2nd year law student.
Meaning
Stalking was added in the Indian Penal Code, 1860
Section 354D of Indian Penal Code,1860 defines Stalking-
- Any man who—
- 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; or
- 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—
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
It was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or
In the 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.
This section states that any man who tries to contact a woman through any medium, physically or virtually, repeatedly, despite her clear non interest, is said to commit Stalking. If a man monitors the whereabouts of a woman through any electronic platform, say, email, that is also Stalking.
Exceptions
There are certain exceptions where the act which we ordinary term as Stalking is not called so-
• If the act pursued was permissible by state and was done to prevent any crime.
• It was done under the conditions prevalent in law
• The act was justified and reasonable in ordinary terms.
Punishment
Any person who commits the offence of Stalking is held liable shall be punished with imprisonment which may extend to three years and shall also be liable for fine on first conviction. On subsequent conviction, the imprisonment may extend to five years and shall also be liable for fine.
Is it a violation of human rights?
Yes it is. Every human being has certain basic rights like right to life and liberty. It is a very wide provision. It includes Right to privacy, Right to travel freely, Right of live peacefully etc. Stalking is a violation of human rights as it violates all such rights.
• Right to Privacy- Every person has a right to privacy. The stalker when stalks the victim violates this right as he is checking the whereabouts of the victim and has access to some information of the victim which she never consented to.
• Right to move/ travel freely- Human beings cannot stay isolated at a place for long. They need to travel from one place to another due to various reasons. Stalker violates this human right as when the victim realises that someone is Stalking her, then the victim may reduce her movement or may restrict her movement in relation to some places.
• Right to live peacefully- Being a human being does not mean that we just have to survive. Human survival needs other aspects also. A person is surviving, needs to survive peacefully. Stalking causes a mental stress on the victim. It can be termed as a mental assault for the victim which can have a long time effect on the mind of the victim.
Case laws
Amar Singh Sehria V. State of Madhya Pradesh, 2022
The Madhya Pradesh High Court, Gwalior Bench recently held liable an 18 year old for stalking and abetment to suicide of a 16 year old girl.
Single bench of Justice Anand Pathak made strong observations about the repercussions of stalking and voyeurism on a woman. It observed that suh acts not only harms her psyche but also sends a bad message to the society-
Some crimes give psychic gains and some crimes give monetary gains. Here, the case is of deriving psychic gains and sadistic pleasure where applicant followed and stalked the deceased, who happens to be a 16 year old girl. Stalking, voyeurism and following any female not only causes deep embarrassment and harassment to her but also instills the sense of insecurity and lowers down her self-esteem, more prominently in feudalistic pattern of society where perpetrator of such crime treats his actions as trophy and tries to give a message to the society that he can capture his victim at will. Being driven by Stockholm Syndrome/ Helsinki Syndrome, victim at times surrenders to the perpetrator and this gives undue premium to his audacity
Telangana High Court Case
In this case, the Court upheld the detention of a 22 year old boy for stalking and voyeurism. The court observed that being lineant in such kind of heinous Crimes does not serve the purpose. Strict actions need to be taken.
Conclusion
In whole, Stalking violates Article 21 of the Constitution of India which states that no person shall be deprived of his/her life or personal liberty except by the procedure established by law. It is hereby clear that stalking is a violation of human rights and is condemned by the court, law makers and the human rights activists.
References
Indian Penal Code,1860
KD Criminal Law
Constitution of India,1950
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