Do You Have Rights Against Being Stalked? Here's All You Need To Know

Have you ever felt like someone is following you while you are walking down the street? You look back and there is nobody. You keep moving and suddenly you feel a gaze upon you. You start walking swiftly, feeling traumatised. Following the episode, you have a sleepless night. Reportedly, one stalking case is reported every 55 minutes in the country. However, are you aware of your rights against stalking in India? Do you have any such rights in the first place? During last week's HaqSe, an Instagram live session where we speak to a legal expert every week to untangle women's rights, we discussed a woman's rights against being stalked with the CEO and Founder of Rest The Case, Shreya Sharma.

What Are Your Rights Against Stalking In India?

Stalking is an offence in India and a woman can file an FIR if she is subjected to the crime. Rest The Case Founder, Shreya Sharma said, "Stalking is illegal in India as it should be. We usually refer to two types of acts. There is an information technology act because a lot of stalking happens online these days and the other one is the criminal act of 2013 which deals with stalking. Both acts define stalking as somebody continuously irritating you or following you in a way you don't want."

What Is The Punishment For Stalking In India?

Stalking is considered a serious offence in India. Our expert said, "There is a punishment for stalking in India and it usually varies depending on the case. The maximum sentence for stalking is three years which is good on the law's end because stalking is taken as a serious offence."

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What Should A Woman Do When She Is Getting Stalked?

The first thing a woman needs to do is lodge an FIR. But to see something happening from the law's side you need to have proof. That's only when the police will be able to help you. “Firstly, what I recommend is that the woman should not engage with the stalker. As soon as you feel as if you are getting stalked, have proof. You never know where the engagement goes,” added Shreya Sharma.

What Is Cyber Stalking?

A lot of stalking now happens online as most of us are now active on our social media handles. Defining cyber stalking, our legal expert said, "So a cyber stalker would be someone usually gathering information. You will understand when something off is happening. Stalkers usually send unsolicited messages, try to enter into your private space, and continuously engage with your account in a way that is making you uncomfortable."

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What Is The Punishment For Cyber Stalking?

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Our expert further shared that the punishment in India for stalking, be it physical or electronic, depends on the case. The maximum punishment is three years. It can also be extended to five years depending on the case. The stalker is also liable for a fine, the amount of which the law decides.