Beware of Stalkers and know your rights !

Stalking is a common problem faced by the female section of the society. Stalking is something people do on social networking sites or in the realistic world. Above all, what does stalking mean? According to the Oxford Dictionary, a “stalker” has been defined as a person who harasses or persecutes someone with unwanted and obsessive attention. In simple words, it means following someone without his or her knowledge is known as stalking which may also amount to sexual harassment and is punishable under law.
The Indian Penal Code defines stalking as follows under section 354D –
Any man who –
1. 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
2. monitors the use by a woman of the internet, email or any other form of electronic communication, commits the offence of stalking.
Women and children are the more vulnerable to this. If a person does so knowing that the women is not interested, then he is liable. Here the word ‘indication’ should be broadly interpreted. Later the section 354 got sub-divided under sub sections which are sections- 354 A, 354 B, 354 C and 354 D which deals with sexual harassment and punishment for sexual harassment, assault or use of criminal force to a woman with intent to disrobe, voyeurism and stalking respectively.
The intention here by the accused is to outrage the woman’s modesty. The section directly states that the victim is women and the accused is male. The whole section 354 of IPC is thus specially designed for the protection of women. But it also comes with certain reasonable justification, which the accused person has to prove, which is given below-
1. the accused person was doing so, in the way of preventing or detecting a crime as directed by state
2. it was imposed on the person by any another person, under any law to comply with
The reason given should be justified and reasonable. The exception is only considered if the person who is the accused has performed so under the state authority.
Punishments so provided-
Punishments are prescribed within the section viz. a term of imprisonment upto three years, when the conviction is held for the first time and upto five years if the conviction is for second or subsequent.
This article has been contributed by Shriya Chandankar, First Year, Symbiosis Law School, Hyderabad.