“An Analysis on Cyber Stalking Against Women”
“It’s never too late for stalking”
-Madeleine Urban & Abigail Roux
Cyber-stalking is committed over the internet via, smartphone, computers, laptops, tablets etc. which results in breach of someone’s privacy. So, this article aims to provide, certain ways in which we can protect ourselves from these crimes. To find out an answer to this puzzle firstly, we should have a clear understanding of what involves cyberstalking and what leads to female harassment? Secondly, what are the positions of other countries along with India and their respective measures? And lastly, what are the legal provisions, safeguards, suggestions and preventative initiatives to curtail this emerging global crime and what are the steps to be taken if we face certain challenges in this regard?
So, this article presents a glimpse into the deviant behaviors and tactics associated with cyber stalking crimes.
Keywords: Cyber Stalking; Harassment; Women; Global Crime; Internet.
Introduction-
Cyberstalking, in general term means stalk someone through the medium of e-sources and there is not a specific definition to define this term. This concept introduced meanwhile and led to the emergence of an advanced technology. This article aims to define the term cyber-stalking in general and some of the definitions given by the authors on it, and then continue to deal with the matter related to it.
Some scholars- ‘Bocij, Griffiths and McFarlane’ – defined stalking as “a group of behaviour in which an individual, group of individuals or organization, uses information and communications technology to harass one or more individuals. Such behaviour may include, but are not limited to, the transmission of threats and false accusations, identity theft, data theft, damage to data or equipment, computer monitoring, the solicitation of minors for sexual purposes and confrontation”. But the term under S. 354 D states that the definition of word “stalking” and then in 2000, laws related to cyber space at the time of inception in India , in the name of The IT Act, 2000, yet it lacks provision as to cyberstalking in the whole Act. So to deal the same situation the amendment in 2008 inserted Section 66A to deal the matter at par with stalking. As per ‘British Crime Survey’, explain the term stalking “As two or more incidents causing distress, fear, or alarm, of obscene or threatening unwanted letters or phone calls, waiting or loitering around home or workplace, or following or watching, or interfering with, or damaging personal property carried out by any person”. Thus, Cyberstalking is a criminal act through the medium of the net, cell phone, and/or other e-communication or any other technology used to stalk another. But there are key differences in the term Cyber stalking & Offline stalking and they are that – stalking is cyber threat and no such direct interaction between the sufferer and stalker whereas in stalking outside the cyber-world has a direct physical threat to the sufferer. Cyber stalking is universal but the offline stalking is particular. Third difference between both the terms is that in cyber-stalking ,no prior clear identity about the stalker but same can be present in offline stalking ie., clear identification of the stalker. Fourthly, cyber-stalking continues while using obscene language and verbal intimidation. But in the case of offline stalking, it is a direct physical threat. Lastly, cyber-stalking sometimes requires extradition. But in offline stalking enforcement of law is easier.
Then comes the Kinds & they are majorly 3 kinds of cyber stalking- first is E-mail stalking- This is common form of stalking to harass someone, through the means of hate, obscene, or threatening mails. It also takes in it sending viruses and e-junk mail but this won’t fall under the term stalking, but the repetitive act by the stalker so as to intimidate will result in the offence of stalking.
Second is Internet Stalking – This is the means through which stalker can endanger their victims and it takes on a large population, rather than at a private level. And the last one is Computer Stalking- This mode of cyberstalking gains controls over the sources of the targeted victim and the only secure option for the victim is to leave the current cyber platform and relinquish their present Internet address. This is followed by list of some types of Stalkers and they are- firstly, Simple Obsessional- In this, stalker is one who was having a pre-relation with the victim and thus to re-enter, he commits the act of stalking and around 47% of the stalker fall under this category.
At the initial point, the person act as lover but when the victim refuse to re-enter the relationship and don’t want to continue then this hurts the lovers ego and he starts blackmailing her with the private pictures he have with him and still if the victim refuses to accept him then he posts that pictures on social media. This started with healthy relation nut when the partner becomes obsessional then he started committing the acts of stalking. Followed by, Love Obsessional- Here the stalker is one side lover and when his proposal fail then he attempts to stalk the person he loved the most and results in this act and around 43% stalkers fall under this category. There is a misunderstanding in the mind of one sided lover that whom he loves also love him a lot but on the proposal when the other person refuses ,then the other fails to accept the same and this continues. When the lover approaches again and again through the medium of social media, and one day he becomes a stalker and keeps stalking her and sending obscene messages repetitively which makes him the culprit of cyber-crime[1]. Ends with, Erotomanic- At the initial point the person was at the normal stage but later on he adopts the habit of stalking. The person face different stages from normal human being till he becomes the beast and have no feeling as a human possess , and just have a mentality to take revenge anyhow. But this continues till he loses his mental stability as the person with balanced system won’t commit such act of stalking. The stalkers have one thing in common they stalk just to fulfill their desire or to harass the victim.
The article further discuss the methods of Cyber Stalking and they are- The stalker continues the act of following the victim while keeping watch on his/her activities. And by having infoemation about victim which is used against him/her ,so to threaten for one’s own personal benefit. And the activity continue while posting the victims details on intert so to have sexual activities by others against victim. This results in compelling a victim for sexual harassment from all over the world through the medium of online sources. And when the stalker has control over the victim sources,then he sets the e-mail id and subscribe to channel of porn sites. They adopt n number of methods to stalk the victim, keep an eye on her so to meet his demands and fulfill his personal grudges he had against the victim. Methods are different but the platform is common to harass the victim.
- Cyber Stalking and Harassment of Women
The technology was brought with an idea that it will help to grow and explore, but it has resulted in something different and as its rightly said that Every coin has two sides, same is with the technology. Some see it in the perspective of advantages but others are having access to it so to exploit and harass others in the name e-stalking[2].
So, we can’t deny the fact that internet is helping us to work easier and faster, but at the same time we are facing certain demerits of it which results in crimes such as hacking, bullying, stalking[3] and many others. These incidents are increasing day by day and at the end it, is harming the victim at large. The ratio has reached to the top and harassment cases are more against women than any other gender as the observation of many researches results the same. And we can name it as cyber-crime[4] which is committed through online sources and at the e-platform and the stalkers act actively against the victim while collecting all the information. he had and then harass the victim through the activities of stalking and threatening etc.
It has also been observed that the cases of stalking are more in number in case of women who are harassed every second and hour and become victim of such an offence[5].
There are some cases where such incidents took place offline before the introduction of advanced technology where the stalker used to stalk while following the victim wherever she goes and fulfills his desire accordingly[6]. But after the introduction of internet and many other technology ,such desires are met at online platform where the culprit can contact with the victim online. This way was adopted by the other culprits as a means to stalk someone or the other. This activity keeps on continuing and when this issue was addressed, it falls under the category of cyber-stalking which is a crime through e-sources. Then the government started taking initiative to curb such offences and framed rules to protect from online harassment[7]. But the legislation lack in its application as the culprit were advanced then the technology and the authorities fail to reach them on time and which resulted in deaths of the victim[8]. These incidents increased day by day but the legislation remain intact and no other way was adopted to reach to the real culprit, as the government was not taking initiative this encouraged the culprit to commit more such crimes and exploit the victim to a great extent[9]. This has been observed that the women have been attacked more by the male members of the society in this modern world too through the medium of technology and they harassed them the way they wanted.
- Legal Provisions-
IPC deals with the matters of stalking and harassment cases in general under Section 354 D, which defines the term “stalking” as the ‘act on the part of any man who follows women on internet or through other online sources and tries to interact with her without her consent is an act of stalking under IPC’ and punishable as, imprisonment extend to three years and fine and on subsequent act, with imprisonment for five years, and fine[10]. Section 354A of IPC prescribe punishment for harassment cases upto three years and/or fine. And S. 354C deals on matter related to Voyeurism which means that an act by any person without the consent of women who captures the images of her when she is indulge in private act, which is punished as imprisonment for the term of seven years and for subsequent act punished with fine.
Furthermore, the cases of defamation can be dealt under section 499 IPC whenever victim feels such an act has been committed. And to deal the matter of injury to the reputation of any person in any manner will be dealt under Section 503 of IPC, as it deals with the matter of intimidation, punishable with imprisonment up to two years, and/or fine. And if any person insults you via words, gesture or through any other means than that matter will be dealt under Section 509 of the IPC and punished with up to one-year and/or fine. And then the other Act which deal with the matter of stalking is The IT Act, 2008 which specifically deals with the matter of stalking. Firstly, Section 66A of IT Act, 2008 states that messages or any act on the part of the stalker which tries to threaten the victim through e-communication and create fear of injury or danger in any manner, punishment up to three years and fine.
Then comes the provision as to prevention of publishing obscene content under Section 67 of IT Act, 2008[11], punishment up to two-three years and fine up to five lakh rupees and for subsequent conviction up to five years and fine up to ten lakh rupees. Than the last provision to deal the matters of cyber-stalking is, Section 67A of IT Act[12], 2008 which contains the provision as to the matter of publishing the contents related to the act of sexual matters through the medium of e-sources in any manner. Punishment up to five years and fine up to ten lakh rupees on first instance and for subsequent conviction up to seven years and fine up to ten lakh rupees[13]. But exception to this section is that if a matter is related for the benefit of general public or the publication done in bonafide manner won’t be punished under this section. There are certain other procedure being applied to lodge a complaint and they are- Firstly, a written complaint to be submitted to a Cyber Cells, so that they can introspect the matter and can begin to address one’s problem as soon as possible. If this method fails,then one can approach the Online Grievance Redressal System which can be helpful in dealing the case. Then comes the option, if the above one fails and ie., Report to the websites OR Report to CERT. Otherwise one can have access to the agency which is dealing with matter through the medium of Website, E- Mail, Telephone and Fax or Postal Address.
- Reasons Leading To Cyberstalking
The reasons can be many as the stalker can have different intentions to do a particular act and commonly to harass the victim. Some of the reasons may be that the stalker might want to take revenge,follow a person on social media, get in touch with that person but when that person deny it can hurt his sentiments, then he approaches with the act of stalking. At the starting point point the person who follow someone on social media is a common man but when his desires are not met he becomes a stalker and it is easy to disturb, harass or exploit someone as the identity is somehow not disclosed easily[14]. Then the person continue to harass the victim through the personal information he has with him related to the victim, which creates fear and distress in the mind of the victim so that victim can allow the stalker to fulfill his desire to the utmost and the way he wants.
Dr Emma (Psychologist) said that the stalkers are more cunning and anxious as they suffer from anxiety and remain isolated as they fail to connect with real world,and as the most of their time is spent on online sources so they know the tricks and tactics to control the other person sitting next in the cyber-world and fulfill their desire accordingly. She also said that, “There does seem to be a group of people in their teenage years who are more at risk of developing a dependency on the internet that might lead to fixation and unwanted interest in other people.”
Some other reasons can be that the stalker have an intention to harass the victim through the information he have and upload the same on social media. The other reason is the person wants to take revenge so he stalk her online and threaten to reveal her privacy. The other reason can be that a person want to show-off his talent in his friend circle, and made the victim to do such activity so as to exploit her which becomes the act of stalking[15] and the other reason can be fascination on the part of the culprit that he is one sided lover and when she refuse to accept his proposal then he starts following her continuously and then keep on texting her obscene messages and start targeting her to fulfill his desires than this becomes his habit of stalking her and whenever she refused to act according to the culprit than the culprit becomes violent and started posting her private photos on social media. These are the reasons which leads to cyber-stalking. Earlier also such act was committed but at offline platform but this online sources increased the number cases as it becomes easier for the culprit to approach the victim without disclosing his identity and the reasons to stalk keeps on changing but the stalking was the common offence.
- Case Laws & Position of Women In Cyber Space
- Manish Kathuria Stalking Case Law-
This is the 1st case in India which resulted in the amendment under the IT Act 2008 and brought section 66A in application as the present case lacks the application of IT Act, as there was no legislation in effect when this incident took place and the victim filed the case under section 509 of IPC[16] then the court addressed the need to amend the IT Act 2000 and widen the scope to file the cases of cyber-crimes under the same. In the present case Ritu kohli was the victim followed by the stalker name Kathuria[17] and he disclosed all the info. related to victim on social media including her phone number by which she received obscene messages and calls at odd hours at night then she reported the case to the Delhi Police[18] and the Police arrested the accused and took action against him under section 509 of IPC. So, this incident made the judiciary to rethink on the legislations framed on cyber-laws and they decided to work upon it. So, this is the landmark judgment in the history of cyber-laws which paved a way forward.
- Karan Girotra V. State-
This incident took place when a women named Shivani Saxena was going through divorce and during that period she met with a person named Karan Girotra, gradually they came close to each other and there relation was about to change from unknown to a life partner. They introduced each others family and then one day Girotra called the victim at his home and then made him drunk and then sexually exploited her and took pictures along with her then ,after some days he started blackmailing her with the pictures he had taken and sending obscene messages to her. Girotra decided to do engagement ceremony, but due the assault and unusual behavior by Girotra made the victim file a complaint under the provision of IT Act ie., section 66A. Then The court denied the anticipatory bail application of the accused as he was threatening a women with nude and obscene pictures which is a serious offence under the law,therefore court denied him bail. The court also realized the duty on their part is to make legal provisions more stringent as the outcome can be more worse than what happened in the present case. This shows the attitude of the Indian judiciary towards cyber-stalking cases.
- Vinu Priya Case
Incidents of cyber-cases are taking lives of the victim still the authorities fail to act with due responsibility, same happened in the present case too. The girl was 21-years old and competed her B.sc course in chemistry. On a very day she found that her photo have uploaded which is curtailing her privacy then she told her parents and they filed a complaint to cyber cell, but action was not taken in due course and the officer said that they will investigate the case within 2 weeks but nothing such happened and then second time her obscene pictures were uploaded .This was not borne by the girl Vinupriya and she committed suicide and in some hours the picture was deleted hearing that Vinupriya committed suicide, but the authority fail to act. These are the incidents happening in the society, instead of saying that this might be the act by the lover, police officers should perform their duties instead of indulging in the gossips but the authority didn’t took the matter seriously which resulted in the death of the victim. So, the respective state governments should take action on such issues immediately so that stalkers think twice before committing such activities.
- Stalking case of President Pranab Mukharjee’s daughter
This incident took action not just against the accused, but also made the victim aware to take action against such stalkers who kept on posting obscene messages on the social networking sites. If the action of the stalkers keep on repeating then instead of accepting silence do report the case so that no other persons becomes the victim. Here in this case the daughter of President Pranab Mukherjee, took the action against the accused who was continuously posting sexually explicit messages.The incident was reported to Cyber Crime unit of Delhi Police[19]. So, to stop such incident the message was given by the victim was instead of bearing such abuse its better you raise voice against online harassment so that we can prevent from such incident being committed in society.
- Cassidy stalking case
This is the incident took place in America, where a girl named Cassidy who was stalked by her friend in higher secondary who uploaded her semi nude picture on social media which was reported by her to FBI who took immediate action and found the culprit. By this case I observed that authorities in foreign countries[20] are more responsible towards their duty than in other countries
They take action against any offence immediately before the victim loses life. So, it is important to be duty bound than acting and not taking action for it.
- Other Cases[21]
- Constitutional Validity
The question of legal provision and their constitutional validity has been checked so as to meet the demand of solving the issue present in the society but one question always remain in common that why always the women’s are victim in general and they suffer the most despite the fact there are rules and regulations to protect the modesty of women but fails to protect. Since ages the scenario has not changed much as the women are not treated well till today, earlier they used to work at home than provisions for the protection of women at home were famed than in modern women are working as business women still facing threat at the ffice ,then the legislation came up as Protection of Women at Workplace[22] that legislation also not proved to be effective. So, the question remains the same that why the legislation fails to provide the safeguards to the women? Then the constitutional provisions comes in question that despite the fact that the right to life[23] and provisions for freedom of speech and expression are mentioned in constitution yet the women are suffering to to the most. This happens because legislations are framed but not implemented of enforced in a proper manner neither the provision of equality is in application.
This can relates to a case of a girl named vinupriya who was by her one sided lover and this informed to the police 2 weeks her suicide incident but the police doesn’t took any step to protect her, here the question of rights comes which are nowhere protected at all and the girl committed suicide, this happened because the police were not aware of what the steps to be taken in case of cyber-cases but they immediately took action for the suicide case as they were aware for the same. But in this matter the victim and her family is the sufferer and protection of rights are still in question. The Constitution answer for the same that rights and protection are given under the Constitution but what happens to these provision when come in its application ands fails to protect women from cyber-stalking and other online crimes, yet the same situation remains intact and the injustices done to women in all the forms. To justify this point there is case named nirbhaya gang rape, so the question here is that if the protection has been provided to the women than such an incident couldn’t took place, this the reason why the Constitutional provisions are still in question and some other legislation are framed after this type of incident took place. So the creation of any legislation is possible after the death any women than only the government take action for the same. Then comes the question of Privacy right Vs. right to Speech, how to have a balance between both, as the freedom of speech is of the stalker and on the other hand what about privacy of the victim or the women, as many says that the freedom of speech of the stalker is being violated but the same can be under observation as the freedom of speech is available with reasonable restrictions and keeping in mind the rights of the others, so freedom of speech is not violated as the reasonable restrictions have been imposed keeping in mind the rights of others. Then comes the right to privacy, every persons privacy is being protected under this provision and if a women is accessing online sources or internet and she feels a threat to her by any means than she can approach to the court under this provision and also take a ground of right to dignity under right to life and no other person have right to violate her modesty in any manner. But have been observed through many researches that they is a lack of enforcement of laws and they are just kept in the books just read and debate but its actual application is not visible and in the modern world the category of crimes have been increased but the law is yet outdated and if changes have been made to work according to the present time but there implementation have been failed to apply. So, here we can say that the varied crimes[24] are changing but the security for women is static.
- Comparative analysis on the position of India in dealing Cyber Stalking cases and position of other Countries-
Position in India-
India, where cyber-laws are not active as compared to the cyber-crimes as the incidents are more than cases being solved. This has also been noticed that there are some general laws on it specified under IPC, with limited scope in dealing with such cases and with minimum imprisonment up to one year or fine.
Later on, the IT Act 2000 was introduced to deal the matter specifically under that Act but the idea behind creating that Act got clear through its Preamble, which states that it will be in its application for the subject matter of commercial crimes and remained silent upon the non-commercial one. Then ,it became more difficult to deal with this issue properly despite the fact that there are special legislation on it but ineffective in nature which is based on UN Model Law on E- Commerce.
The IT Act was amended in the year 2008, but prior to this section 67 and 72 were dealing with the matters of cyber-crime and the punishment under this Act was more stringent as compared to what has been specified under the Code of IPC, which is as follows under Section 67 – “punishment up to five years and fine up to one lakh rupees which may extend up to ten years and fine up to two lakh rupees” .If the stalker is convicted subsequently. The second part of the provision is S. 72, where imprisonment extend to two years and a fine up to one lakh rupees. But yet the matters of cyber-stalking is not properly solved as the victims are yet suffering and harassed and which is yet unaddressed and untouched till today. And the government took actions to amend IPC only when the incident took place related nirbhaya gang rape on the recommendations of Justice Verma Committee, Sections 354A, 354B, 354C, 354D were inserted in the year 2013. And Section 354D was dealing eith the matter of cyber-stalking with limited scope as it was gender neutral and lacking the law for foreigner if they commit the same and also ineffective in extradition matters. But yet the enforcement of laws are still in question till date.
Position In U.S.A-
America is the hub for stalkers, as the number of cases of stalking are more in U.S.A. and the country has adopted the laws at the centre and state level so as to minimize the cases to some extent ,and laws framed for the same were- Interstate Communication Act; to prevent cases of telephone harassment. Interstate Stalking Punishment & Prevention Act was addressed that in the year 1993, Michigan[25] .Here, online communications begin in this state for the first time along with legislation on stalking, and many other states had taken steps to frame laws related to stalking.
Position In U.K-
In the country like U.K. there is no specified legislation to deal with the matter of stalking, but yet it has taken steps to curb it through certain other legislation, which can be named as Telecommunications Act[26], 1984, which states that if someone cause annoyance to other in any manner via text or messages that matter will be dealt under this Act. Two other legislation which are working on the same issue is the legislation on prevention of harassment ie., Act, of 1997, which punish those who harass the victim and the person who create fear in the mind of others, so this will be dealt under the heads of civil and criminal cases depending upon the nature of crime. And the last one is in the name of Malicious Communications Act[27], 1988, which deal the cases of e-communications as well[28].
In general, certain options can be adopted by the victim other than what a country adopt or follows, and they are that avoid deleting the stuff which are being sent by the stalker as there are chances that investigator may get clues from it and trace him as soon as possible. Do take printouts or hardcopy of the evidence you have against the stalker as he can delete it whenever he wants too. Report the incident as soon as possible and do complaint to begin the process of investigation.
Challenges Internet and advanced technology are becoming means to not only connect from the worldly life, but also to develop and explore more .But t
his has also become challenging to keep our information safe and secure however, there are some lacuna in the cyber-laws and some other loopholes which are- Lack of effective cyber-laws[29]. Lack of Special laws unlike U.S.A. IPC provisions are limited in scope. Lack of effective laws to deal extradition matters. Agencies who are working to prevent act of stalking should train their staff as the stalkers have more knowledge as to how to misuse the technology. Lack of immediate action by the Police force, if they fail to, then the government should frame rules in regards for the same and take action if they indulge in act of bribery. All are equal in the eyes of law, so whether an act committed by normal human or by the politician, should be treated equally and same laws applies to both but the opposite of it takes place[30]. IT Act 2000, lacks laws for cyber-crime or specific provision for cyber-stalking. Loopholes in the existing laws and the stalkers are benefitted by it.
- Suggestions
The best way to avoid stalking is to keep changing passwords at regular interval and also aware yourself and others not to share personal information ,do logout your ID’s from wherever you access it and delete the browsing history .If yet you face certain privacy problem or someone threatens you, then do lodge a complaint as soon as possible. And some other suggestion are- Effective implementation of cyber-laws by the government. Enact special laws for the subject matter of stalking. Give priority to individual with protection. Always set account at privacy and not to disclose your personal info. at social media. Aware women and every individual not to share personal info. Avoid giving details such as number, mail id etc to avoid inconveniences. Maintain respect for each other Proper implementation of rules and regulations by respective state can prevent the act of cyber-crime. Frame stringent laws to create fear in the mind of stalker so as to prevent act of stalking.
- Conclusion
So, this article aims to spread awareness that, every strata of the society has to act with responsibility they have against each other ,which can’t be denied in any manner. Whether it be a victim or a stalker, firstly they are humans, so they shouldn’t ignore the duty of being a human towards each others. There are laws which can prevent such activities but not before we accept them. And, the analysis of this paper results in, that gender doesn’t matter, what matter is that, how to prevent a crime which is committed against the society as whole, as the act of stalking is not just harassing a women at large, but creating a threat in the mind of society in general. So, the society as whole have to act together and have to implement such rules which prevent such activities and reduce the number of stalking cases along with the stalkers.
And the introduction of technology is not a sign for destruction or decimation, but can result in development of the society. However, researches shows that the number of cases is at alarming rate from the day of introduction of advanced internet and e-sources and the impact of it is worsening day by day.
So, the steps to be taken to prevent such activities is to implement the current laws on it and making amendments.If existing laws are lacking in any manner ,certain other steps to be taken by State Governments on this issue to curb it. Also it has been observed that the cyber-stalking cases are more against women, so the steps to be taken are that instead of the tag of empowering women, won’t empower them, but in real sense if you empower them and accept them, then only the empowerment can takes place. But if we continue with the debates and discussion of empowering women it will continue for years without empowering a single women. So at last, neither be afraid to take action and nor on, what society will say.
(Views
Expressed are personal)
