Introduction
A false sense of security often leads to incompetence in dealing with problems. The increase in the occurrence of crime globally and its varieties has made it a prime concern. Cybercrime is now on an unprecedented rise. The advancement of technology has contributed to improvisation in a criminal’s approach towards a victim. Stalking, earlier known as erotomania[1], has advanced and become more malign because of the advent of means of cybercrime. The term was devised by the psychiatrists in the early 20th century. The delusion of getting attention and love by another person makes stalking even more prominent. In the 1990s, there were incidents of harassment from fans, faced by celebrities, later referred to as ‘star stalking’[2]. While this still prevails all over the world, stalking has been normalized in every sphere of life to an extent. It is not only restricted to celebrities or public figures but also hampers the life of an ordinary man. The evolution of technology has facilitated the crime of stalking. The messenger services, e-mails, and different social media platforms have enormously aided the stalkers. A person can anonymously target anyone with almost no pre-requisites and requirements.
What do you understand by ‘stalking’?
The term ‘Stalking’ refers to a crime in which a person observes and follows another person without his consent or wish, leading to harassment or personal benefit[3]. It is basically a motif of hell-bent obsessed behavior, which is recurrent and persistent and causes danger and distress to the victim[4]. Stalking can be physical or digital. The latter is coined as cybercrime.
Physical stalking – Whenever a person with intent engages himself in following a particular person, everywhere to get an idea about the whereabouts of the person and conclusively induces fear in the other person.
Cyberstalking – Whenever there is an involvement of the internet to observe a person’s activities constantly by browsing about them[5].
A stalker uses several apps and social media platforms to keep an eye on the victim; often harassing the victim through deleterious emails and messages. Digital space is a non-physical realm that is used to exchange information with access to the internet. Stalkers can also be found indulging in activities like posting unwanted gifts and flowers, attempting to initiate personal communications, or harassing the victim.
Cyberstalking is an act of unpalatable and displeasing contact from anyone online. It might involve a series of harmful incidents such as threats or menaces, defamation in a certain way, harassment, or any other way wherein the target could be victimized[6].
Impact of Cyberstalking
The use of the internet has facilitated convenient communication and data sharing. It is now easier to connect with your loved ones with the onset of technologies with a single click. The ample use of technology has also made it easier for criminals to dodge criminal liability[7]. The availability of multiple services like instant texts, emails, messages, mobile applications, and social media platforms are the most cliché methods of harassing someone. The user's personal information, pictures, and whereabouts can be collected by the stalker by frequent stalking, and then the same can be used to threaten or harass the person. Obscene messages are used as a medium to blackmail and cause fear and hence the cybercriminals are successful in their mission. It has been observed that one in every six women witnesses experiences of stalking in her lifetime[8]. In the year 2018, Maharashtra observed the highest number of cyberstalking cases, 400 numerically[9]. Andhra Pradesh followed, with around 90 registered cases[10]. The same year observed a total of 9438 cases, calculated further on an average of 1 in every 55 minutes, as per the data provided by the National Crime Records Bureau[11]. The statistics were almost double of the cases reported in the year 2014, which were 4699 in number[12].
While women are the primary victims, other genders have also been targeted by cybercriminals. In the year 2016, a teenage boy was raped and burned to death, by a stalker aged 20 years in Uttar Pradesh[13]. A survey provided that women aged between 18 and 24 are at a higher risk of being victimized; according to the survey, 26% of women are generally cyber stalked while 25% face sexual harassment. The survey stated that nearly 7% of males of the same age group are cyber-stalked while 13% face sexual harassment[14].
After undergoing an experience of stalking, the victim is usually unstable and in a state of shock. As a result, he may not be in the right mind to consider the involvement of parents or complaining to the police. A majority of 72% of victims prefer to maintain silence rather than accessing the legal methods[15]. The crime does not differentiate between the rich or poor, the famous or ordinary. A victim can be anyone and can be targeted anonymously for various personal benefits of the criminal.
The aftermath of stalking is severe and traumatic. It causes physical as well as psychological damage. The trust factor, to a large extent, is lost by the victim and he remains scared and fears being exposed to the public. The victims often try to avoid continuing their previous life schedules and prefer to alter it. They change their cell phone number and get new ones and are apprehensive of receiving unwanted or unethical calls. Sometimes, a change of place is also observed to avoid recognition by anyone.
Cyberstalking laws in India
The Indian Penal Code saw a significant improvement with The Criminal Law ( Amendment ) Act, 2013, which inserted the term stalking as a crime previewed under section 354D (1). Herein, it was defined as “an act where any man who follows a woman and contacts or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or monitors the use by a woman of the internet, email or any other form of electronic communication,”[16]. Further, the amendment also stated that a “man who recurrently uses a computer and internet as a medium to monitor a woman and has an interaction is also referred to as stalking”[17]. The punishment for stalking imposes imprisonment up to a period of 3 years along with a fine in an initial conviction, and thereafter, to 5 years imprisonment along with fine, wherein the offense has been repeated[18]. The Indian cyber laws do not give much priority to cases of cyberstalking as there are no specific provisions engraved in the Information Technology Act, 2000 regarding the same. Section 67 of the act only extends to cases where some obscene are uploaded by the stalker. It has also been hypothesized that women do not stalk. The gender biases are one of the gargantuan chinks in the prevailing Indian laws. Adequate importance has not been given to online harassment and stalking. The surveys have shown that females count a major part of online stalkers, relative to males. A cybercrime lawyer can be approached for this crime.
How to avoid Cyberstalking?
With cyberstalking damaging your digital and social life, it is mandatory to be proactive rather than reacting to it later. The users must opt for a safe and secure online surfing medium. The following steps may help in avoiding being stalked:
You should always try to maintain digital hygiene.
Your social media profiles must be secure, and also try to avoid adding strangers.
Use a good antivirus to protect your device from spams and viruses.
Keep your software updated.
Always utilize the privacy settings provided to you on social media platforms.
Always check the reviews of an application before installing it.
Keep an eye on the websites you visit. Avoid visiting impromptu websites which are of no use to you.
Do not share confidential messages here and there.
Conclusion
The growth of cyberstalking is massive and it is really important to take serious action against it. The prevailing laws are of little help to the people. The authorities must be enlightened about the pernicious effects of a crime like this. People should be more sensitive in cases of online harassment towards women and men as well. Sufferers of stalking should not shy away from filing reports against the stalkers and seeking justice. The sheer transparency of awareness is needed to curb this situation. The laws must also be updated with changing times, so as to ensure a safe and healthy digital as well as a physical environment for the citizens of our country.
References
1. Grant C.B Sinnamon, Psychology and Criminal Behavior, (2015), https://www.sciencedirect.com/topics/medicine-and-dentistry/erotomania
2. Encyclopedia Britannica, https://www.britannica.com/topic/stalking-crime/Cyberstalking
3. Suzy Lumphlang Trust, https://peoplesafe.co.uk/advice/stalking-harassment/
4. John Samsons, The basics of Cybersecurity ( 2017 ), https://www.sciencedirect.com/topics/computer-science/cyberstalking
5. Rohit Lohia, Cyberstalking in India, http://www.legalserviceindia.com/legal/article-1048-cyber-stalking-in-india.html
6. Scroll, Crime against women, https://scroll.in/article/952903/in-2018-india-reported-a-stalking-case-every-55-minutes-the-actual-number-may-be-even-higher
7. Sandhya Keeley, Cyberstalking and number of sexual harassment cases, ( July 7th, 2020 ), https://www.statista.com/statistics/875912/india-number-of-cyber-crimes-related-to-sexual-harassment/
9. Swati Shalini, Anti-stalking laws in India, ( June 25th, 2018), https://www.myadvo.in/blog/the-unavailing-laws-on-stalking-in-india/
[1] Grant C.B Sinnamon, Psychology and Criminal Behavior, (2015),https://www.sciencedirect.com/topics/medicine-and-dentistry/erotomania [2] Ibid [3] Encyclopedia Britannica, https://www.britannica.com/topic/stalking-crime/Cyberstalking [4] Suzy Lumphlang Trust, https://peoplesafe.co.uk/advice/stalking-harassment/ [5] Ibid [6] John Samsons, The basics of Cybersecurity ( 2017 ), https://www.sciencedirect.com/topics/computer-science/cyberstalking [7] Rohit lohia, Cyber stalking in India, http://www.legalserviceindia.com/legal/article-1048-cyber-stalking-in-india.html [8]Scroll, Crime against women, https://scroll.in/article/952903/in-2018-india-reported-a-stalking-case-every-55-minutes-the-actual-number-may-be-even-higher [9] Sandhya Keelery, Cyber stalking and number of sexual harassment cases, ( July 7th, 2020 ), https://www.statista.com/statistics/875912/india-number-of-cyber-crimes-related-to-sexual-harassment/ [10] Ibid [11] Ibid [12] Ibid [13] Ibid [14] Ibid [15]http://www.doiserbia.nb.rs/img/doi/1450-6637/2007/1450-66370704013J.pdf [16]Indian Penal Code, Section 354D(1) [17] Ibid [18] Ibid
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