INTRODUCTION
The word cyberstalking consists of two phrases namely ‘cyber’ and ‘stalking’. If we go into the definition of these phrases, the word ‘cyber’ means “digital space” and the word ‘stalking’ means “unwanted following or attention towards a specific person”. Therefore, cyberstalking is defined as an act of unwanted following of a specific person in a digital space on any digital or social media platform.
An accurate definition of cyberstalking was provided in the case of State (Cyber Cell) v. Yogesh Pandurang Prabhu: “Cyberstalking involves an attacker harassing a victim through electronic means like website, forums, email, instant messaging platforms, etc. the anonymity of the Internet enables the stalker to pursue their victim without being identified.”
The advent of time and the development of technology have served as both a facilitator to curb crimes and a medium to commit crimes. The act of cybercrime does not cause a direct impact but can lead to depression, psychological traumas, anxiety and harassment for the victims. It also can cause extreme reputational damage and financial loss to a person due to loss of job or profession or huge loss in business setup of an individual.
The recent trends show that the offence of cyberstalking is increasing at an alarming rate and the biggest matter of concern is that a large part of this offence is committed by the educated and noble class of society who are deemed as right-thinking members of society. This includes students; both minors and adults, professionals and even senior citizens.
Another astonishing factor that can be seen in recent reports relating to cyberstalking is that the offence of cyberstalking is committed and is targeted towards both males and females on an equal scale. The majority of people involved in committing cybercrimes are educated youth aged between 17 and 24. This is a matter of deep concern for our society as it questions the competency of existing laws on stalking and other related offences.
CYBERSTALKING AND INFRINGEMENT OF PRIVACY
The Right to Privacy is embodied under Article 21 of the Constitution of India. The movement of the world towards digitalization and urbanization made it easier to connect with people all across the globe within seconds but as every coin has two sides, the use of the internet also facilitated the violation of the privacy of an individual in a digital space.
Any sort of invasion or observation into the life of a person without his/her consent on a digital platform amounts to the violation of the digital privacy of a person as her/his entire life is being watched over. The act of cyberstalking is a medium to violate the digital privacy of an individual by following him/her without their consent.
LEGAL PROVISIONS
It is a harsh truth that currently there is no specific law on cyberstalking, which makes the victims and society at large even more vulnerable towards such acts. It is pertinent to mention that currently Indian Penal Code, 1860 and The Information Technology Act, 2000, are the two major laws under the ambit of which the act of cyberstalking is currently adjudicated, but due to the absence of specific penal provisions on cyberstalking, it becomes easier for the accused to run away from the hands of law. In addition to the enactment of specific laws, more attention should be paid to the jurisprudence of cyber torts for regulating and governing these offences.
Section 354D of IPC and Section 67 of IT Act, 2000 criminalize stalking and publishing or transmitting obscene material in electronic form respectively. Cyberstalking on one hand will be a part of stalking under section 354D of IPC and on the other hand, will result in committing an offence under section 67 of the Information Technology Act, 2000.
Section 66E of the IT Act, 2000 expressly states that any person violating the privacy of an individual will be punishable with imprisonment up to three years or with a fine of up to two lakh rupees.
Apart from these legal provisions, cybercrimes such as cyberstalking and infringement of privacy are regulated and governed through various precedents. The first case of cyberstalking that was reported in India was Manish Kathuria v. Ritu Kohli. In this case, the accused was booked under Section 509 of the Indian Penal Code which makes it illegal to insult the modesty of a woman. Since then, innumerable cases dealing with cyberstalking and privacy infringement have been registered in the country. Justice K.S. Puttaswamy (Retd) v. Union of India (UOI) and Ors. and Shreya Singhal v. Union of India are among the recent landmark cases on the same.
LACK OF SOCIETAL CONSCIENCE
Lack of knowledge, conscience and the victim-blaming nature of society is the main reason behind less registration of cases involving cyberstalking. There is a huge gap between the number of cases related to cyberstalking that happens and the ones that are officially registered. It’s the fear of getting blamed in the minds of the victims that plays the role of a prime reason for the non-registration of cases.
Also, the inability of the previous generation to understand the nature and gravity of these offences committed digitally makes it harder for the current generation to take legal action against such acts. The reason behind the alarming increase in cases of cyberstalking is also the inability of the youth committing such crimes, to understand and measure the consequences of their acts.
LEGISLATIVE AND ADMINISTRATIVE SUGGESTIONS
1.Enactment of special laws on cyberstalking and other related offences- It has been argued by many jurists and scholars that the enactment of special laws on a subject matter helps in the better implementation of laws. Specific laws on any subject matter make it easier for the judiciary to interpret the provisions and the addition of provisions of general statutes along with provisions of special statutes makes it harder for the offender to escape from the hands of the law.
2.Including the subject of cybercrimes in school and college curriculum- Education has always served as a medium for the minimization of crime in society as it not only creates awareness among people about their rights but also prevents those who commit the crime due to lack of knowledge about the laws that make the act of cyberstalking punishable. Law is the instrument which protects the society. Therefore, the inclusion of general laws in elementary and secondary education must be done at a faster pace.
3.Creation of special cells in every state to deal with such offences- Special cells and helplines should be established where victims can register their complaints. A few states like Uttar Pradesh already have a 1090 Women Helpline, which has helped in the minimization of offences against all crimes including cybercrimes. Other states should also take progressive steps in this regard to minimize the overall crime rate.
4.Establishment of fast-track courts for cybercrimes- Special fast-track courts should be established in every state to deal with cybercrimes. This will enable better and more efficient disposal of these cases.
5.Organising awareness camps by state and union governments in public spaces- Government departments like the Information Technology Ministry and commissions like the Women and Children Commission should collaborate with legal aid clinics of the Law Schools and NGOs to organize camps to create awareness about these issues in society
SELF-HELP APPROACHES
1.Use complex passwords: Use a password with a complex combination of uppercase and lowercase words, numbers and symbols. It is also suggested to enable Two-Factor Authentication wherever possible. You can also get assistance from password managers in generating and securing passwords.
2.Be Cautious Online: Avoid clicking on suspicious links, downloading attachments from unknown sources, or sharing sensitive information with unverified contacts.
3.Limit Personal Information and Monitor Online Presence: Be cautious about the information you share online, especially on public forums or social media platforms and adjust privacy settings on social media platforms to control who can view your information and posts. Further, regularly check your online presence, including social media accounts, and remove any sensitive or unnecessary information.
4.Secure Wi-Fi: Use secure and encrypted Wi-Fi connections. Avoid public Wi-Fi for sensitive activities like online banking unless you’re using a trusted VPN.
5.Educate Yourself: Stay informed about common cyber threats and scams. Educate yourself on how to identify phishing emails, fraudulent websites, and other deceptive tactics. Also, make sure to be aware of whom to approach and how to tackle situations when you become the victim of cybercrimes.
6.Use Security Software and Update Regularly: Invest in reputable antivirus and anti-malware software to protect against various online threats. Also, make sure to keep your operating system, antivirus, and other software updated to patch vulnerabilities.
CONCLUSION
The passage of time and technological development have always presented unexpected challenges before lawmakers and society. The alarming increase in cyber stalking and violation of digital privacy is one of such challenges. The enactment of laws like the Information Technology Act, 2000, The Indian Telegraph Act, 1885 and Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 along with the proactive attitude of the judiciary towards such offences and protection of individuals’ privacy has paved the way for minimization in the occurrence of these offences. But, the conscience of society will also play a major role in future.