Open Access Research Article
HARASSMENT THROUGH UNWANTED PHONE CALLS.
Published Paper
Article Details
SECTION 509 OF IPC.
AUTHORED BY - SAMSON RAVI KUMAR
INTRODUCTION:
Harassment via phone calls, through messages, and other communication
platforms is a very common way of abuse. These days, it has become quite common
for people to receive harassing phone calls. Most survivors of domestic and
family violence just want the harassment stopped, while other survivors may
want the person charged and prosecuted.[1] It gets more serious because the person on the other side is a complete
stranger.[i]
According to a report published by "Truecaller”, it has been noticed
that in India, 8 out of 10 women receive inappropriate, sexual, or harassing
calls at least once a week. Due to their high populations, Karnataka, Chennai,
and Delhi are the most affected cities. and Only 12% of women reported it to
the police, and the rest just blocked the number.
Not all unwanted phone calls come with the meaning of harassment.
(i) By continuously calling you with the intention to harass.
(ii) Not disclosing his identity properly.
(iv) remaining silent with the intention to harass.
Effects of
harassment calls on the women:
In 2019, a survey was conducted on 2150 women aged between 15 and 35 from
14 different cities. Nearly four out of every five women said they felt
irritation and anger due to these harassment calls. After Section 66A of the
Information Technology Act of 2000 (penalty for sending unpleasant messages
through communication services, etc.) was set down by the Supreme Court,[3]
The first
thing the victim has to do when he receives a harassment call is report it to
the nearest police station and file a complaint. Give certain information, like
the gender of the caller, his voice, and the date and time of the call. If the
harassment on phone calls continues for a long period of time, then the victim
must file an FIR.
The
provisions In India under which the harasser can be charged are as follows:
(i). Section 354A of Indian Penal Code: Under this section, any person who asks for sexual favour
or makes sexually coloured remarks shall be guilty of the offence that the
person has committed and shall be punished with the imprisonment of 3 years, a
fine, or both of those.
(ii). Section 354D of Indian
Penal Code: According to this section,any person who asks for a sexual
relationship and the other person is not interested in having sex with him may
be punished with 3 years imprisonment, a fine, or both.
(iii). Section 509 of Indian Penal Code: According to this
section,if a person insults your feeling in a phone call, he will be liable to
be punished with imprisonment up to one year and a fine or both.
(iv). Section
506 of Indian Penal Code: Whoever the person is if the person commits
the offence with the criminal intention shall be punished with imprisonment for
a term which may extend to two years, with a fine, or with both.
(v). Section
507 of Indian Penal Code: This section tells us it is a criminal
offence to intimidate a person through communication, which includes any
letter, message, or other communication sent without revealing the sender's
identity, and can be punished for up to 2 years.
The Federal Communications Act, specifically 47 U.S. Code § 223 and
several state laws, prohibit harassment over phone calls and specify the legal
remedies and enforcement mechanisms.
According to the Texas Penal Code [3], ringing the phone consistently
with the intention to harass the person is punishable with imprisonment up to
180 days and a fine up to 1–2000 dollars.
In Canada, Section 264
of the Criminal Code provides that repeatedly communicating with a person with
the intention of harassing is punishable with imprisonment of not less than ten
years.
A useful way to deal with unwanted calls is to block
them. Blocking devices or calls can stop a lot of the illegal unwanted
calls you get, like scam calls and illegal robocalls, before they reach you.
phones that make calls on the internet, landlines each have their unique
call-blocking options. Although there are laws against harassing phone calls, a
person can also tackle these issues in many ways. Not disclosing personal
information to strangers on social media can help lessen the chances of
harassment.[4]
REFERENCES:
(i).Understanding
the impact of harassment India.https://www.business-standard.com/article/pti-stories/8-out-of-10-women-in-india-have-faced-harassment-via-calls-sms-truecaller-120030501544_1.html
(ii)The Hindu Harassment of women over
phone,(Updated on January, 2017)
(iii).The Economic Times “Stalker alert: 1 in 3
women who use mobiles in India face harassment, receive inappropriate calls”,
The Economic Times [Last Updated: March 25, 2019]
(iv).The Canadian Resource Centre for Victims of
Crime, Criminal Harassment [which is Available at
https://www.crcvc.ca/docs/crimharass.pdf]
(V).https://www.legalserviceindia.com/
[1] .Understanding the impact of harassment India.https://www.business-standard.com/article/pti-stories/8-out-of-10-women-in-india-have-faced-harassment-via-calls-sms-truecaller-120030501544_1.html
[2] (ii).Harassment of women over phone, The Hindu (Updated on
January, 2017)
[3] (iii).“Stalker alert: 1 in 3 women who use mobiles in
India face harassment, receive inappropriate calls”, The Economic Times [Last
Updated: March 25, 2019]
[4] .Criminal Harassment, The Canadian Resource Centre for
Victims of Crime. [which is Available at
https://www.crcvc.ca/docs/crimharass.pdf]
Article Information
HARASSMENT THROUGH UNWANTED PHONE CALLS.
Authors: SAMSON RAVI KUMAR
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/08/14
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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