Open Access Research Article
STALKING, SUBSEQUENT CRIMES, AND THE RESPONSE OF THE CRIMINAL JUSTICE SYSTEM IN INDIA. BY: MANJEET SINGH
Published Paper
Article Details
STALKING, SUBSEQUENT CRIMES, AND THE RESPONSE OF THE CRIMINAL JUSTICE
SYSTEM IN INDIA.
AUTHORED BY: MANJEET SINGH
LL.M (M23046)
o
CASE LAWS:
·
Priyadarshini Mattoo Case, 2006: Supreme Court of
India. Santosh Kumar Singh v. State through CBI, (2006) 8 SCC 578.
·
2019 Hyderabad Gang Rape and Murder Case: Telangana
High Court. State of Telangana v. Mohammed Arif, Cr. Appeal No. 1 of
2020.
·
Ritu Kohli Cyberstalking Case, 1999: Delhi High Court.
Ritu Kohli v. State, Crl. M.C. No. 1255/2008.
o
STATUTES:
·
Indian Penal Code, Section 354D
·
Protection of Women from Domestic Violence Act, 2005
·
Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act, 2013
·
The Indecent Representation of Women (Prohibition)
Act, 1986
·
Information Technology Act, 2000 (concerning online
stalking/cyberstalking)
INTRODUCTION
Stalking has emerged as a distressing
crime targeting women in the past few decades. Though initially trivialized as
harmless romantic pursuit, stalking induces immense fear and insecurity in the
victims.[1]
With rising crimes against women in India, there have been demands for
appropriate legal safeguards against stalking. Section 354D was introduced in
the Indian Penal Code in 2013 to specifically address stalking. However, the
continued prevalence of stalking cases indicates the ineffectiveness of the
present legislation.
Stalking has been defined as
"repeated and unwanted attention that makes you feel pestered or
scared".[2] It
involves harassing conduct like following, contacting, or spying on the victim
directly or through digital media. Though India has witnessed rising crimes
against women, stalking had no legal definition or consequences earlier.
Section 354D of the IPC defined stalking as a criminal offense liable to three
years imprisonment on first conviction.[3]
However, activists highlight that Section 354D has failed to capture the full
range of stalking behaviour’s and promotes underreporting by not covering
cyberstalking.[4]
In a study conducted in Tirunelveli
City, Tamil Nadu, India, a total of 150 respondents were surveyed using a
research tool consisting of 35 items. The respondents, predominantly from the
middle-income group college students, reported various effects of stalking,
including changes in routine (60.7%), seeking contact with friends (48.7%), and
loss of trust in people (14.7%). These findings shed light on the prevalence
and impact of stalking, providing valuable insights for further research and
policy development in addressing this issue.[5]
With increasing global momentum on
gender equality, the United Nations has acknowledged violence against women as
a human rights violation.[6]
However, Indian society continues to normalize crimes like stalking through
victim-blaming attitudes and portrayals in popular media. Consequently, nearly
70% of stalking incidents go unreported in India.[7]
There is an urgent need to reform the legal-penal response to stalking for
ensuring women's right to public safety. This research aims to study the
inadequacies in the existing anti-stalking legislation and its implementation
through a socio-legal framework. It will also analyse subsequent crimes
emerging from stalking incidents due to administrative gaps. The findings will
provide comprehensive policy recommendations on stampeding stalking and related
crimes in India.
I. Stalking
in India: Magnitude, Legal Landscape, and Challenges.
In India, stalking is a prevalent and
pervasive problem that affects millions of women every year. According to the
National Crime Records Bureau (NCRB), there were 9,438 cases of stalking
reported in 2019, an increase of 9.1% from 2018[8]. A
comparison of the data over the years shows that there has been a consistent
rise in the number of stalking cases reported in the country. The numbers
increased to 9,285 cases in 2021 from 8,512 in 2020.[9] However,
this number is likely to be an underestimation, as many cases go unreported due
to fear, stigma, lack of awareness, or lack of trust in the legal system.
Moreover, stalking is often trivialized, normalized, or romanticized in the
Indian society and media, as seen in the portrayal of stalkers as persistent,
passionate, or heroic lovers in many Bollywood movies and songs.
The legal framework to address
stalking in India, especially after the brutal gang rape and murder of a
23-year-old woman in Delhi in 2012, which sparked nationwide outrage and
protests the incident also led to the formation of the Justice Verma Committee,
which recommended several reforms in the criminal laws related to sexual
violence against women.[10]
One of the reforms was the introduction of Section 354D in the Indian Penal
Code (IPC) in 2013, which criminalized stalking for the first time in India.
The introduction of Section 354D in
the Indian Penal Code marked a significant step in acknowledging and combating
the grave offense of stalking, which infringes upon the dignity, privacy, and
autonomy of women.[11]
However, criticisms have emerged regarding several aspects of this legislative
provision. Firstly, it has been contested for its gender-specific nature,
exclusively addressing men stalking women and neglecting scenarios involving
women stalking men, men stalking men, or women stalking women.[12]
This limitation fails to recognize the diverse nature of stalking incidents and
the potential for anyone, regardless of gender identity or sexual orientation,
to be a victim or perpetrator of stalking.
Section 66E of the Information
Technology Act, 2000 punishes for violation of privacy aimed at addressing the
unauthorized and intrusive capturing or sharing of private images, particularly
those depicting intimate or private parts of an individual.[13]
Furthermore, concerns have been
raised about the vagueness and ambiguity inherent in the definition of
stalking, leaving room for subjective interpretation by the courts, law
enforcement, and the parties involved.[14]
Ambiguities, such as determining what constitutes a "clear indication of
disinterest" or the criteria for assessing the reasonableness and
justification of conduct, contribute to the challenges in consistent
application and enforcement of the law.
Additionally, criticisms extend to
the perceived leniency of the prescribed punishments for stalking. Section354D
imposes a maximum imprisonment of three years on the first conviction and five
years on subsequent convictions, along with a fine. Critics argue that such
penalties are disproportionate to the potential harm caused by stalking, which
may escalate to more severe offenses like assault, rape, or murder. Moreover,
the bailable and cognizable nature of stalking offenses has raised concerns
about the safety and security of victims, potentially undermining the legal
process[15].
Practical challenges impede the
effective implementation and enforcement of anti-stalking laws. Issues include
a lack of public awareness, inadequate infrastructure, and training for law
enforcement, insufficient coordination among various stakeholders, and
insufficient support and protection for victims.[16]These
challenges collectively hinder reporting, investigation, and prosecution,
contributing to the persistence of stalking cases in society. Overcoming the
identified inadequacies requires concerted efforts to enhance public awareness,
improve legal infrastructure, and provide support for victims, ensuring a more
robust and effective response to the menace of stalking.
Types of Stalking
To combat stalking it is essential to
understand that it’s types:
1. Traditional stalking: it is in-person stalking it
involves the stalker physically following or being present near the victim. It
involves watching the victim’s home, workplace, college route, or other
frequented locations.
2. Cyberstalking: harassment that occur online,
through emails, social media, or other digital platforms. It includes creating
fake profiles, deep fakes and it often involves blackmailing as the stalker
keeps a watch on the activities of the victim and threatens for physical
consequences example can be taken of Blue whale game where teenagers killed
themselves.[17]
3. Erotomania: the stalker believes the victim is in
love with them, this often leads to persistent and unwanted advances.
4. Voyeuristic Stalking: involves watching the victim without
their knowledge, often in private moments. This can occur physically or through
the use of hidden cameras.
5. Corporate stalking: it occurs in workplace setting, often
involving an employee stalking a co-worker, this can impact victim’s
professional life and create hostile work environment. The Vishakha guidelines
of the Supreme Court have to be enforced strictly to make work place a safe
place for women.
Stalker Types
Incompetent stalkers know that victim in not interested
but move ahead hoping that their actions will result in a relationship. They
feel entitled to the victim as their partner and as they have put efforts in
chasing the person they develop frustration and harm the victims if neglected.
Incompetent stalkers need mental health treatment and social skill training
otherwise they are likely to repeat the stalking of the victim.
Intimacy-seeking stalkers intend to develop an intimate
relationship with their victim whom they believe is their “true love” these
stalkers have erotomaniac delusion that they will have romantic relationship if
they keep chasing the victim. This is most common among adolescents as they are
the aggressor and victims of intimacy seeking stalking.
Rejected stalkers pursue the victim, often from a
previous relationship or friendship after the friendship ends. They desire of
reconciliation with the former partner. They have a history of criminal
assault.
Resentful Stalkers intend to distress and annoy the
victim. These have personality disorders and hold a vendetta against the
victim. These require psychiatric treatment. They often target celebrities or
politicians.
Predatory stalkers harm the victim with sexual assault. These
stalkers often suffer from paraphilias and previously been convicted for sexual
offences.
II.
Stalking as a Precursor to Sex Crimes
Stalking can have severe
psychological, social, and physical consequences for the victim, and in some
cases, it can escalate to more violent crimes, such as sexual assault,
kidnapping, or murder. Some case studies that illustrate how stalking can be a
precursor to sex crimes, the limitations of existing legal interventions to
prevent or stop stalking, and the need for timely and assertive legal measures
to protect the victims and deter the perpetrators.
A. Case Studies Highlighting Stalking as a Precursor.
There are many examples of stalking
cases that have resulted in sex crimes, either by the same stalker or by a
third party who exploited the vulnerability of the victim. One such case is
that of Priyanka Reddy, a 27-year-old veterinarian from Hyderabad, India, who
was gang-raped and murdered by four men in November 2019. According to the
police, one of the suspects had been stalking her for a few days and planned to
sexually assault her with his accomplices. He punctured her scooter’s tire and
offered to help her, while the others waited nearby. They then abducted her,
took her to a secluded place, raped her, and set her on fire. This case
sparked outrage and protests across India, demanding justice for the victim and
stricter laws against sexual violence[18]
In case of Ritu Kohli, a 32-year-old
housewife from Delhi, who was the first victim of cyberstalking in India in
1999. She complained to the police that a man named Manish Kathuria had
obtained her password and was using her identity to chat with other people on
the internet. He also posted her phone number and address on various websites,
inviting people to call her for sexual services. As a result, she received
hundreds of obscene and threatening calls from strangers. The police
traced the IP address of the stalker and arrested him under section 509 of the
IPC for outraging the modesty of a woman. This case highlighted the need
for specific laws and measures to deal with cyberstalking in India[19]
In the Priyadarshini Mattoo case[20],
a 25 year old law student was stalked for 2 years and one day she was found
murdered by the accused Santosh Kumar Singh who was initially acquitted by the
trial court in 1999, which led to public outrage and protests. However, the
Delhi High Court reversed the acquittal in October 2006, finding Singh guilty
of the crime. He was sentenced to life imprisonment for the rape and murder of
Priyadarshini Mattoo. The case highlighted the delays in the legal system and
need for reforms to ensure justice in cases of violence against women.
B. Limitations of Existing Legal Interventions.
One of the main challenges in
addressing stalking and its related crimes is the lack of effective legal
interventions. According to Phillip J. Stalking,[21]
there are several limitations of existing laws and measures, such as the
absence of clear and consistent definitions of stalking and its elements, the
scarcity of adequate and reliable data on the prevalence and patterns of
stalking, the low level of awareness and training among various professionals
and the public, the poor co-ordination and collaboration among different
agencies and sectors, and the insufficient resources and capacity to implement
and enforce existing laws and measures, especially in cases of cross-border or
online stalking. These limitations hinder the prevention and prosecution of
stalking and its related crimes, and expose the victims to further harm and
danger. Furthermore, these challenges also
create obstacles for the identification, assessment, and management of
stalkers, who may have diverse and complex psychological profiles and
motivations. Stalking can have severe and long-lasting psychological, social,
and occupational impacts on the victims, such as anxiety, depression,
post-traumatic stress disorder, social isolation, and impaired work
performance. Therefore, there is a need for more comprehensive and
evidence-based legal interventions that can address the multifaceted nature of
stalking and its related crimes, and provide adequate protection and support
for the victims[22].
C. Need
for Timely and Assertive Legal Measures.
Stalking and its related crimes, such
as sexual assault, Voyeurism, kidnapping, and murder, can have serious and
potentially lethal consequences for the victims and the society. Therefore,
there is an urgent need for timely and assertive legal measures to protect the
victims and deter the perpetrators. some of the possible legal measures include
developing and adopting clear and consistent definitions of stalking and its
elements, based on empirical evidence and best practices, and harmonizing them
across different jurisdictions and contexts; collecting and analysing data on
the prevalence and patterns of stalking, as well as the characteristics and
motivations of stalkers and victims, using standardized and validated
instruments and methods, and sharing them among relevant stakeholders; raising
awareness and providing training to law enforcement, judicial, and health
professionals, as well as the general public, on how to identify, report,
investigate, and respond to stalking cases, and how to provide appropriate
support and protection to the victims; enhancing coordination and collaboration
among different agencies and sectors, such as police, courts, social services,
mental health, and victim advocacy, to ensure a comprehensive and integrated
approach to stalking prevention and intervention; allocating and mobilizing resources
and capacity to implement and enforce existing laws and measures, such as
restraining orders, arrest warrants, prosecution, sentencing, and supervision
of stalkers, especially in cases of cross-border or online stalking; and
developing and implementing new and innovative laws and measures, such as
anti-stalking apps, GPS tracking devices, cyberstalking legislation, and
specialized stalking courts, to address the emerging and evolving challenges
and opportunities of stalking prevention and intervention.[23]
III. Trivialization
of Stalking: A Scourge at the Societal Level
Stalking, the persistent unwelcome
following and harassment of another person, is a pervasive and deeply
unsettling crime. Despite its serious consequences, including psychological
trauma, physical harm, and even death, stalking is often trivialized at the
societal level.
A. Sociocultural Perspectives and Media Influence:
At the heart of the trivialization of
stalking lies a complex interplay of societal norms and ingrained cultural
attitudes. Traditional gender roles can play a significant role, with stalking
sometimes viewed as a form of unwanted male attention or dismissed as an
inevitable consequence of female attractiveness. This trivialization is further
exacerbated by media portrayals that often romanticize or sensationalize
stalking, reducing it to a plot device or trivializing its true nature and
impact. Studies have shown that media portrayals of stalking can influence
public perception, leading to a downplaying of its seriousness and a tendency
to blame the victim.[24]
Furthermore, societal attitudes towards
mental health can also contribute to the trivialization of stalking.
Perpetrators are often stereotyped as mentally ill, reducing the crime to a
personal psychological issue rather than a serious criminal act. This not only
minimizes the harm caused to victims but also reinforces harmful stigma around
mental health, potentially discouraging help-seeking behaviour for both victims
and perpetrators.[25]
B. Impact of Trivialization on Victims:
The trivialization of stalking has
profound and detrimental consequences for its victims. Firstly, it can lead to
feelings of isolation and disbelief, with victims doubting their own
experiences and struggling to be taken seriously by others. This can make it
difficult to seek help and support, leaving victims vulnerable to further harm.
Studies have shown a strong correlation between trivialization and increased
psychological distress in stalking victims, including symptoms of anxiety,
depression, and post-traumatic stress disorder.[26]
Secondly, the trivialization of
stalking can embolden perpetrators and make it harder for them to be held
accountable. When stalking is not taken seriously, it becomes easier for
perpetrators to deny their actions and escape legal consequences. This lack of
accountability fosters a climate of impunity, further perpetuating the cycle of
stalking and victimization.
C. Dismissal of Stalking Complaints and Silence of
Victims:
One of the most alarming aspects of
the trivialization of stalking is the tendency to dismiss victims' complaints.
This can happen for various reasons, including victim-blaming attitudes, a lack
of understanding of stalking laws, and the complex challenges associated with
gathering evidence in such cases. A 2019 report by the National Crime Records
Bureau of India revealed that the conviction rate for stalking cases is a mere
24%, highlighting the systemic challenges in addressing this crime effectively.[27]
This dismissal of complaints often
leads to victims remaining silent, either out of fear, shame, or a sense of
hopelessness. The feeling of not being taken seriously can discourage victims
from reporting the crime, seeking legal recourse, or accessing critical support
services. This silence further perpetuates the cycle of trivialization and
contributes to the underreporting of stalking, making it difficult to
accurately assess its prevalence and develop effective prevention strategies.
The trivialization of stalking is a
serious societal issue with profound consequences for both victims and
perpetrators. Addressing this issue requires a multipronged approach that
tackles its sociocultural roots, improves media representation, promotes mental
health awareness, and strengthens legal frameworks. Additionally, fostering a
supportive environment where victims feel empowered to come forward and report
their experiences is crucial. By challenging our ingrained attitudes and
raising awareness about the true nature and impact of stalking, we can move
towards a society where this crime is no longer trivialized and victims are
given the support and justice they deserve.
IV. Societal
Trends and Challenges: Examining Gender-Based Violence in India
A. Rise in Crimes Against Women in India:
India witnesses a disturbingly high
rate of crimes against women, including rape, domestic violence, acid attacks,
sexual harassment, and honour killings etc. National Crime Records Bureau
(NCRB) data reveals a steady increase over the past decade[28]:
·
Rape: In 2021, 31,677 rape cases were registered,
an increase of 14.2% from 2020. This translates to an average of 86 rapes
reported daily.
·
Domestic Violence: In 2021, 1,48,378 cases of
domestic violence were reported under the Protection of Women from Domestic Violence
Act (2005), signifying a rise of 5.5% from 2020.
These
statistics paint a grim picture, but experts believe the actual numbers are
much higher due to underreporting, societal stigma, and fear of repercussions.
B.
Organized
Nature of Crimes: Priya Mattoo and Hyderabad Rape Case:
The Priya Mattoo case and the
Hyderabad rape case exposed the disturbing trend of organized, pre-meditated
crimes against women.
·
Priya Mattoo case: A 25 year old LLB student was stalked for 2 years despite her
reports no formal action was taken highlighting ineffectiveness of the criminal
justice system in the national capital territory of Delhi, Priya Mattoo, was later
raped and murdered by the stalker who was given acquittal by the District Court
and capital punishment by the High Court later on Supreme Court converted
capital punishment to life imprisonment. This case exposed the vulnerability of
women even in seemingly safe urban spaces.[29]
·
Hyderabad rape case: A 27-year-old veterinarian was lured, raped, and
murdered by four men near a toll plaza in Hyderabad. The pre-meditated nature
of the crime, the involvement of multiple perpetrators, and the gruesome
details sent shockwaves across the nation, reigniting demands for stricter laws
and better law enforcement.[30]
These cases highlight the need to
address factors like:
·
Patriarchal attitudes: Deeply ingrained social norms that normalize male
dominance and objectification of women.
·
Lack of gender sensitivity: Ineffective police training and handling of crimes
against women, leading to victim shaming and inadequate investigations.
·
Inadequate legal framework: Loopholes in existing laws and slow judicial processes
that fail to deter perpetrators and provide timely justice to victims.
C.
Gender-Based
Violence as Recognized by the United Nations:
The United Nations recognizes
gender-based violence as a violation of human rights and a major public health
concern. Several declarations and conventions address this issue:
·
Declaration
on the Elimination of Violence against Women (1993): Calls for state
action to prevent, investigate, and punish violence against women[31].
·
Beijing
Declaration and Platform for Action (1995): Identifies violence against
women as a critical area for concern and action, outlining strategies for its
eradication.[32]
·
Sustainable
Development Goals (2015): Goal 5 specifically targets achieving gender
equality and empowering all women and girls, with a focus on eliminating all
forms of violence against women and girls.[33]
These international frameworks
highlight the global responsibility to combat gender-based violence and provide
a roadmap for national governments to implement effective policies and programs.
The rise in crimes against women in India, the organized nature of some
attacks, and the recognition of gender-based violence by the UN illustrate the
urgent need for a multi-pronged approach. This requires addressing societal
attitudes, strengthening legal frameworks, improving law enforcement, and
empowering women through education and economic opportunities. Only through these
collective efforts we can create a safer and more equitable world for all.
V. Policy
and Procedural Recommendations to Combat
Stalking in
India:
Addressing stalking requires a
multi-faceted approach not just relying on legal reforms but involving legal
reforms, efficient law enforcement, community awareness, and the provision of
support services for victims. A collaborative effort from lawmakers, law
enforcement agencies, civil society, and the public is essential to create an
environment where stalking is not tolerated, subsequent crimes are prevented,
and the criminal justice system responds effectively to protect the rights and
well-being of individuals in India.
A. Strengthening the Legal Framework:
Addressing the urgent need for
comprehensive legal reforms to combat stalking in India requires a complicated
approach. Firstly, the enactment of a robust anti-stalking law is imperative.
The existing legal framework is disjointed and insufficient, necessitating a
new law that precisely defines stalking, delineates specific offenses, and
prescribes appropriate penalties. Harsher punishments, including fines and
imprisonment, should be imposed to serve as effective deterrents against
potential perpetrators. Additionally, expediting judicial processes is crucial
to ensure timely justice for victims[34].
Introducing specialized stalking courts and fast-track procedures can
streamline the legal system, minimizing the protracted waiting periods that
currently hinder justice. Moreover, empowering courts to issue restraining
orders against stalkers can significantly enhance victim protection by
restricting the contact and movements of perpetrators, thus preventing further
harassment. This comprehensive strategy aims to not only address the
inadequacies in the existing legal framework but also to create a more
responsive and protective system for those affected by stalking[35].
B. Enhancing Prevention and Reporting Mechanisms:
One
such mechanism is establishing dedicated stalking helplines, operated by
trained personnel, who can provide immediate support and guidance to victims,
as well as facilitate access to resources such as legal, medical, and
psychological services[36]
Another mechanism is creating online reporting platforms, ensuring anonymity,
which can encourage victims to report their experiences without fear of stigma
or retaliation.[37]
Furthermore, law
enforcement officials should receive comprehensive training in identifying and
handling stalking cases, in order to conduct victim-sensitive investigations
and collect evidence that can support prosecution.[38] Additionally,
investing in technology, such as GPS tracking devices and panic buttons, can
enable victims to alert authorities quickly in case of danger, as well as deter
perpetrators from continuing their pursuit. This comprehensive strategy aims to
create a supportive and efficient system, that encourages timely reporting and
swift action against stalking incidents.
C. Public Awareness and Education
Initiatives:
Raising awareness about stalking
requires a concise yet impactful strategy. Launching extensive awareness
campaigns through media, educational institutions, and community outreach is
crucial to educate the public about stalking signs and how to seek help. Now
good touch bad touch is told to the students to identify inappropriate touch,
similarly a chapter on how stalking can have bad consequences and is not a
right thing can be introduced in the education curriculum to create awareness. Additionally,
challenging discriminatory attitudes tied to patriarchal norms and gender
stereotypes is essential to combat victim-blaming. Empowering potential victims
through self-defence training enhances personal safety. Engaging men and boys
in awareness initiatives promotes positive masculinity, challenges harmful
gender roles, and encourages their active role in preventing stalking. This
streamlined approach aims to efficiently communicate the importance of
awareness and societal involvement in addressing the issue of stalking.
D. Collaboration among Government
Agencies and NGOs
Establishing inter-agency task forces
is essential to create a collaborative and holistic response to stalking.
Coordinated efforts involving police, prosecutors, social workers, and mental
health professionals can provide comprehensive support for victims and enhance
the prosecution of perpetrators. Additionally, partnering with non-governmental
organizations (NGOs) specializing in women's safety and gender equality is
crucial. NGOs can contribute by offering counselling, legal aid, and shelter
for stalking victims, leveraging their expertise and resources. To optimize
policies and responses, there needs to be regular communication and knowledge
exchange between government agencies and NGOs, facilitating the sharing of data
and best practices. Finally, promoting community-based initiatives is key.
Encouraging local communities to organize watch groups, safe spaces, and
support networks creates a culture of prevention and intervention. This collaborative
strategy ensures a robust and effective approach to combating stalking while
drawing on the strengths of diverse stakeholders.[39]
VI. Conclusion
A. Recapitulation of Key Findings
This research underscores the
escalating threat of stalking in India, revealing shortcomings in both legal
frameworks and societal responses. Despite the trauma inflicted by stalking,
its criminalization under Section 354D IPC is limited, fostering under-reporting
due to ambiguities in defining stalking behaviour’s and lenient penalties.[40]
Cases like Priyadarshini Mattoo, Priyanka Reddy and Ritu Kohli illustrate how
stalking often escalates into more severe crimes, yet practical challenges
hinder investigations, prosecutions, and victim support.[41]The
research emphasizes the detrimental role of media trivialization and
victim-blaming attitudes, contributing to a high dismissal rate of complaints
and silencing victims while shielding perpetrators. Recognizing stalking and
gender-based violence as human rights violations, the study advocates for
necessary legal reforms aligned with UN declarations.[42]
Addressing these challenges requires a comprehensive approach spanning legal,
societal, and media dimensions to effectively combat the growing menace of
stalking in India.
B. Urgency for Comprehensive Reforms
The research findings underscore the
imperative for substantial legal revisions and shifts in societal attitudes to
enhance women's safety and address the issue of stalking. Urgent reforms are
recommended, including the amendment of Section 354D to encompass all forms of
stalking clearly, accompanied by stringent punishments, as advocated by Dhliwayo[43].
Additionally, there is a pressing need to enhance the infrastructure and
capacity of law enforcement agencies to ensure prompt and effective stalking
investigations, as highlighted by Nigam.[44]
To counteract media stereotypes and societal prejudices that contribute to the
dismissal of stalking complaints, nationwide gender sensitization programs are
deemed essential. Finally, fostering inter-agency coordination is crucial to
facilitate data sharing, victim rehabilitation, and community policing against
stalking, as emphasized by Mander.[45]
These recommended reforms collectively aim to address the inadequacies
identified in the research and create a more robust framework for tackling the
growing threat of stalking in India.
C. Final Call to Action for a Safer
Society.
Eradicating the shadow pandemic of
stalking necessitates collective national responsibility and assertive policy
changes. All citizens, activists, organizations and government bodies must work
collaboratively to implement legal reforms, ensure gender equality and
establish zero tolerance for such gender-based violence. We must create a
society where women enjoy fundamental rights to privacy, autonomy and security
without fear. Urgent state-societal interventions can transform the current
culture of impunity into one upholding women’s safety and human rights.
BIBLIOGRAPHY
Books
·
Brewster,
Mary P. "Stalking: Psychology, Risk Factors, Interventions, and Law."
Nova Science Publishers, 2008.
·
Deo,
Sapna Sukrut. “Cyberstalking and Online Harassment: A New Challenge for Law
Enforcement.” Manupatra, 2014.
·
Douglas,
John, et al. "Crime Classification Manual." John Wiley & Sons,
2013.
·
Hoffman,
Janice R. "Stalking, Threatening, and Attacking Public Figures."
Oxford University Press, 2008.
·
Keswani,
Heena. "Cyber Stalking: A Critical Study." Manupatra, 2019.
·
Meloy,
J. Reid. "The Psychology of Stalking: Clinical and Forensic
Perspectives." Academic Press, 1998.
·
Mullen,
P.E., Pathé, M., Purcell, R. "Stalkers and Their Victims." Cambridge,
UK: Cambridge University Press, 2000.
·
Orion,
Doreen. "Erotomania, Stalking, and Stalkers: A Personal Experience with a
Professional Perspective." Stalking Crimes and Victim Protection, Prevention,
Intervention, Threat Assessment, and Case Management, edited by Joseph A.
Davis, 2001.
·
Patel,
Rashmi. "Stalking in India." LexisNexis, 2020.
·
Sheridan,
Lorraine, and Karl Roberts. "Key Questions to Consider in Stalking
Cases." Routledge, 2017.
·
Spitzberg,
Brian H., and William R. Cupach. "The State of the Art of Stalking: Taking
Stock of the Emerging Literature." Sage Publications, 2007.
·
Srivastava,
A. K. "Cyber Laws in India: Principles and Practice." PHI Learning
Pvt. Ltd. (2017).
Articles:
·
Babu,
Geetha. "Deconstructing Anti-Stalking Laws in India." Economic and
Political Weekly, vol. 49, no. 30, 2014.
·
Chander,
P., & Ali, A. “Stalking laws in India: A critique.” Economic and Political
Weekly, 2013.
·
Chopra,
A. “Stalking in India: Legal Landscape and Reality.” Indian Journal of Law and
Public Policy, 2018.
·
Dhliwayo,
C. “Stalking Victimization in India: An Analysis of Legal Shortcomings.”
International Journal of Criminal Justice Sciences, 2022.
·
Jaishankar,
Karuppannan, and Puthisigamani Kosalai. “Victims of Stalking in India: A Study
of Girl College Students in Tirunelveli City.” Temida, vol. 10, no. 4, 2007.
·
Knoll,
James L., and Phillip J. Resnick. “Stalking Intervention: Know the 5 stalker
types, safety strategies for victims.” Current Psychiatry, vol. 6, no. 5, 2007.
·
Korkodeilou,
J. "Stalking Victims, Victims of Sexual Violence and Criminal Justice
System Responses: Is there a Difference or Just 'Business as Usual'?"
British Journal of Criminology, vol. 56, no. 2, 2015, pp. 256–273.
·
Mathew,
P.J. “Ambiguities in the Criminalization of Stalking in India.” International
Journal of Criminal Justice Sciences, 2015.
·
Mukherjee,
C. “Locating Domestic Violence in India within the Human Rights Discourse.”
Indian Journal of Human Development, 2021.
·
Mukherjee,
S. “Stalking Laws in India: A Critical Analysis.” SSRN Electronic Journal,
2019.
·
Nigam,
R. “Policing Cyberstalking in India: Issues and Challenges.” International
Journal of Cyber Criminology, 2020.
·
Orion,
Doreen. "Erotomania, Stalking, and Stalkers: A Personal Experience with a
Professional Perspective." Stalking Crimes and Victim Protection,
Prevention, Intervention, Threat Assessment, and Case Management, edited by
Joseph A. Davis, 2001.
·
Patton,
J. M., & Krakow, B. “The effect of stalking on victims.” Clinical
Psychology and Psychotherapy, 2002.
·
Pearce,
J. “A Study of Legal Outcomes in Stalking Related Homicide Cases in India.”
Asian Journal of Criminology, 2019.
·
Raut,
A. “Stalking in India: A socio-legal analysis.” Journal of Indian Law
Institute, 2017.
·
Saxena,
A., & Mukherjee, S. “Stalking Laws in India: A Critical Analysis.” SSRN
Electronic Journal, 2019.
·
Thakur,
Lakshmi. “Underreporting Stalking Cases in India: A Sociological Analysis.”
International Journal of Criminal Justice Sciences, vol. 13, no. 1, 2018.
[1] Babu, Geetha. "Deconstructing Anti-Stalking Laws in
India." Economic and Political Weekly, vol. 49, no. 30, 2014, pp. 127-134.
[2] Patel, Rashmi. Stalking in India.
LexisNexis, 2020.
[3] The Indian Penal Code. Sect. 354D.
[4] Mishra, Archana. "Reviewing
Anti-Stalking Law in India." Journal of Criminology and Criminal Justice,
vol. 5, no. 2, 2017, pp. 75-92.
[5] Jaishankar, Karuppannan, and
Puthisigamani Kosalai. “Victims of Stalking in India: A Study of Girl College
Students in Tirunelveli City.” Temida, vol. 10, no. 4, 2007, pp.
13-21. JSTOR, doi:10.2298/TEM0704013J.
[6] UN Women. “Ending Violence against
Women.” UN Women, www.unwomen.org
[7] Thakur, Lakshmi. “Underreporting
Stalking Cases in India: A Sociological Analysis.” International Journal of
Criminal Justice Sciences, vol. 13, no. 1, 2018, pp. 100–112.
[8] Sarkar, Ipsita. “A Stalking Case
Is Reported Every 55 Minutes in India. But It’s Not Seen as Criminal Enough.”
The Print, 23 Oct. 2020. A
stalking case is reported every 55 minutes in India. But it’s not seen as
criminal enough (theprint.in)
[9]
https://www.indiatoday.in/india/story/rise-in-stalking-cases-reported-in-india-activists-and-top-cops-say-underreported-1996086-2022-09-03
[10] PRS
Legislative Research. “Justice Verma Committee Report Summary.” PRS India, 23
Jan. 2013,
1359132636--Justice
Verma Committee Report Summary_0.pdf (prsindia.org)
[11] Section 354D, Indian Penal Code.
[12] Chander, P., & Ali, A. (2013).
Stalking laws in India: A critique. Economic and Political Weekly, 48(49),
38-45.
[13] Srivastava, A. K. (2017). Cyber
Laws in India: Principles and Practice. PHI Learning Pvt. Ltd. pp. 246-247.
[14] Raut, A. (2017). Stalking in India:
A socio-legal analysis. Journal of Indian Law Institute, 59(1), 45-63.
[15] Saxena, A., & Mukherjee, S.
(2019). Stalking Laws in India: A Critical Analysis. SSRN Electronic Journal.
[16] Chopra, A. (2018). Stalking in
India: Legal Landscape and Reality. Indian Journal of Law and Public Policy,
3(1), 49-72.
[17] Gupta, Sushant. “College Student
Kills Self to Complete Task in Blue Whale in Pune.” The Indian Express, 30 July
2019, 1. Accessed 29 Dec. 2023.
[18] Pavan, P. “Hyderabad: Veterinary
doctor’s rape and murder has left the entire nation shocked.” Mumbai Mirror, 29
Nov 2019.
[20] Priya Matoo Case (2010) 9 SCC
747
[22]Brewster, Mary P. Stalking:
Psychology, Risk Factors, Interventions, and Law. Nova Science Publishers,
2008.
[23] Davis, Joseph A., editor. Stalking
Crimes and Victim Protection: Prevention, Intervention, Threat Assessment, and
Case Management. 1st ed., Routledge, 2001.
[24] Tjaden, Patricia, and Nancy
Thoennes. “Stalking in America: Findings from the National Violence Against
Women Survey.” National Institute of Justice, Apr.1998 https://www.ojp.gov/pdffiles/169592.pdf
[25] Ullman, S. E., & Peters, R. J.
(2004). Media
Constructions of Culture, Race, and Ethnicity | Oxford Research Encyclopaedia
of Communication.
[26] Patton, J. M., & Krakow, B.
(2002). The effect of stalking on victims. Clinical Psychology and
Psychotherapy, 9(4). https://kar.kent.ac.uk/101594/13/The%20Impact%20of%20Stalking_Storey.pdf
[27] National Crime Records Bureau. “Crime in
India - 2019.” Ministry of Home Affairs, Government of India, 2019.
[28] National Crime Records Bureau
(NCRB). "Crime in India 2021.
https://ncrb.gov.in/crime-in-india-year-wise.html?year=2021&keyword=
[29] Goyal,
Vaibhav. “Priyadarshini Mattoo Case 2006.” Indian Law Portal, Indian Law
Portal, 8 July 2020. Priyadarshini
Mattoo Case 2006 - Indian Law Portal.
[31] United
Nations. "Declaration on the Elimination of Violence against
Women." 1993. https://www.ohchr.org/en/instruments-mechanisms/instruments/declaration-elimination-violence-against-women
[32] United Nations. "Beijing
Declaration and Platform for Action." 1995. https://www.unwomen.org/en/digital-library/publications/2015/01/beijing-declaration .
[33] United
Nations. "Sustainable Development Goals." 2015. https://sdgs.un.org/goals.
[34] Srivastava, Shubham. “Introduction
of Stalking into Indian Legal Regime.” Soo LEGAL, 2 Jan.2021. INTRODUCTION
OF STALKING INTO INDIAN LEGAL REGIME | Soo LEGAL.
[35] Keswani,
Heena. Cyber Stalking: A Critical Study. Manupatra, 2019.
[36] McEwan, T. E. (2021). Stalking
threat and risk assessment. In J. R. Meloy & J. Hoffmann (Eds.), International
handbook of threat assessment (pp. 210–234). Oxford University
Press. https://doi.org/10.1093/med-psych/9780190940164.003.0011
[38] Reins, B. A situational crime
prevention approach to cyberstalking victimization: Preventive tactics for
Internet users and online place managers. Crime Prev Community Saff 12,
99–118 (2010). https://doi.org/10.1057/cpcs.2009.22.
[42] Mukherjee, C. “Locating Domestic
Violence in India within the Human Rights Discourse.” Indian Journal of Human
Development, vol. 15, no. 1, 2021, pp. 1-16. s12905-022-01703-3.pdf.
[44] Nigam, R. “Policing Cyberstalking
in India: Issues and Challenges.” International Journal of Cyber Criminology,
vol. 14, no. 2, 2020.
[45] Mander, Harsh. “Nomadic
Trajectories: Human Rights Interventions to Curb Violence Against Women in
India.” Journal of Human Rights Practice, vol. 10, no. 1, 2018.
Article Information
STALKING, SUBSEQUENT CRIMES, AND THE RESPONSE OF THE CRIMINAL JUSTICE SYSTEM IN INDIA. BY: MANJEET SINGH
Authors: MANJEET SINGH
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/02/08
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.