Go Away, Stalker!
Stalking is an offense where a person intentionally follows or harasses another person. Such an act can cause discomfort, fear of injury, or death.
Introduction —
Stalking is an offense as per law. It creates fear and causes discomfort to the person who is being stalked. Be it a man or a woman who is being stalked, it causes fear of injury in some way to them. In India, we do have laws related to protection from stalking. But the problem is that it is restricted only to women. Section 354D of the Indian Penal Code defines stalking and its relevant punishment.
Very few people take stalking as a serious issue and not many people know about the legal provisions. It is significant to know the law related to stalking for your own personal safety. Voicing out is as important, keeping quiet will only add more fear and stress.
Section 354D of the Indian Penal Code, 1860 —
The Section defines stalking as any man who follows a woman and contacts her or tries to contact through varied attempts for personal interaction even though she is not interested and has clearly expressed her disinterest, then such a man is liable for stalking.
The Section further defines that if any man monitors the activities of a woman by way of the internet or other electronic resources or any other electronic form of communication is said to have committed the offense of stalking.
The Section also explains the exceptions. It is stated that if any man had done an act for the purpose of prevention of any crime or for detection of any crime and the man doing such an act was assigned with the responsibility to do so by the State, then such man is not liable for stalking.
It is further stated that if the act was done under any law or for the compliance of any law along with the condition or as per requirements as stated under any law and in a specific situation such an at is considered reasonable and justified as per law and other legal requirements then a man conducting such act is not liable for stalking.
Punishment for stalking is that any man committing the offense will be imprisoned of either description and such time period might later extend to three years and a fine on a conviction for the first time. If the same man is convicted for the second time or any other subsequent convictions, he shall be liable for imprisonment of either description and such time period might later extend to five years along with a fine.
Staking Cases Line-Graph Data —
Amendment Suggestions —
The law considers only women when it comes to stalking. It must be considered that men are also stalked and provisions for their protection must also be added to the code. Here it must be noted that such a suggestion is not about being anti-feminist. People mistake feminism for female supremacy, that is completely wrong feminism talks about equality, thus this suggestion for the inclusion of provisions related to the protection of men should be considered as equally important.
There are many cases related to men getting harassed as well. The personal safety of each person is equally important be it a child, adult (both men and women), people from the LGBTQ+ community, elderly, everyone.
Issues due to Stalking —
General disturbance to mental health such as post-traumatic stress disorders can occur to the person being stalked. Affective disturbances such as anxiety, anger, and paranoia. It can also cause cognitive disturbances such as suicidal thoughts, lowering of self-esteem. Physical disturbance such as insomnia, eating disorders like anorexia, etc. Stalking disturbs the mental and physical health of a person.
Conclusion —
Stalking is a serious offense as it causes both mental and physical fear and threat. Stalking takes place in many forms be it face-to-face or through the internet, social media, or any other way of communication. It is terrifying and can cause immense fear. Cases of stalking have increased at a rate of 0.8 in 2014 to 1.5 in 2018. 1 out of 6 women and 1 out of 17 men get stalked on an average basis. 46% of stalking victims had no knowledge of what will happen next. If you are being stalked or if anyone you know is being stalked voice it out, complain about it, report it and keep your safety.
