Despite the rising number of cases, the conversation on sexual violence in India continues to be centred on rape.
Other trivialised forms of violence against women essentially need discussions and legislations for protecting the complete rights of women.
What are the flaws in the laws?
Following the public outrage after the Nirbhaya gang rape case in 2012, the Criminal Law (Amendment) Act, 2013 came into force.
It expanded the scope of rape, penalised voyeurism and eve-teasing and also defined and recognised stalking as a standalone offence.
Under this, Section 354-D of the IPC makes both physical and electronic stalking an offence.
Two provisions in this regard has to be noted –
Under subsection1, the intention of the perpetrator is irrelevant as long as the woman in question “has clearly expressed her disinterest”.
Subsection 2 criminalises the monitoring of a woman’s online behaviour.
There is an opinion that subsection 2 has the potential to be used arbitrarily.
Verma Committee draft stated that online monitoring should amount to stalking only when it results “in a fear of violence or serious alarm or distress in the mind” of the victim.
Further, there are three exceptions to the offence if the conduct was:
pursued for prevention or detection of crime by a person authorised to do so.
pursued under any law.
reasonable and justified in the circumstances.
Here, exception iii seems to be vague, and it can prove to be an escape clause given that stalking is culturally normalised.
Such loose drafting leaves scope formisinterpretation and subsequent denial of justice to the victim.
What should be done?
Stalking and eve-teasing are not given the same importance as other “grave” forms of sexual violence such as rape.
These are often normalised, romanticised and encouraged especially in popular culture such as the Indian cinema.
But offences such as stalking, voyeurism and eve-teasing deprive women of their fundamental right to occupy public space without fear.
The perception that violence against women must necessarily involve some form of bodily harm should definitely change not only with the law but also with the society.
