LEGAL STANDING OF STALKING IN INDIA

Do you ever wonder why people add caution tapes like "hey Stalker" or "Stalkers stay away" on their social media profiles? Well I do and it intrigued me to write this article. Is stalking  penalized under Indian Law? Yes. As per section 354 D of I.P.C. stalking is an offence. The Law covers each and every aspect of the act of stalking in the following manner :  "If a man follows a woman and contacts, or attempts to contact such woman; to foster personal interaction repeatedly despite of clear indication of disinterest by such women. Monitors the woman on internet, e-mail or any other form of electronic communications, or watches or spies on a person.When despite a clear indication of disinterest by women, if she is followed by a man either in person or through electronic medium. Then he is guilty of the offence of Stalking as defined in this section." The offence under this section is cognizable, bailable and triable by any magistrate for the first conviction with imprisonment of either description for a term which may extend to three years and also shall be liable to fine. For second or subsequent conviction, it is cognizable, non-bailable and triable by any magistrate and conviction can be with imprisonment of either description for a term which may extend to five years and shall also be liable for fine. Even though the Act has made stalking a crime now, it has been criticized for its loopholes and lack of a coherent definition. There is an evident presumption that women do not stalk as it only protects women from stalking when the stalker is a man. Gender bias is one of the biggest lacuna of Indian criminal laws, and laws on stalking continue to insinuate this.  Stalking is not limited to physical stalking anymore and has shape shifted into cyber stalking. When it comes to virtual or online stalking, general surveys have indicated that the female gender comprises of a large section of online stalkers as compared to their male counterparts. There are no laws to convict these stalkers due to the inadequacy in laws.  Conclusion:  Usually men think they can do anything on social media but women have all the right to safeguard themselves. "YOU DON'T BEG THE GIRL TO GO OUT WITH YOU. YOU WAIT, SHE'LL CALL" like Harvey Said.