The contemporaneous generation is
constantly the target of unprompted and
harassing phone calls in which one person
belittles, threatens, or otherwise violates
another's dignity. The fact that the person
on the other end of the phone is absolutely
unknown makes it more serious. Such calls
fall under the definition of a criminal
offence in India. Hence they must file a
complaint against harassing phone calls as
soon as possible to the appropriate
authority.
According to a research by "Truecaller" in
2020, about 8 out of 10 women report
receiving harassing or inappropriate phone
calls at least once per week in India.
Kolkata, New Delhi, Chennai and Pune are
the major cities affected in India. Indian
women regularly give out their phone
numbers when filling out paperwork or in
public places like malls and restaurants.
However, approximately 12% of women
reported the calls to the police and the 2.
remaining 88% simply blocked the number
when it came to filing a complaint against
harassing phone calls. The use of blank
calls is considered harassment. Most of
these calls are made in a mysterious
manner with the express intention of
frightening or bothering a person.
Police sources claim that incidences of
phone call harassment significantly rose
after Section 66A of the Information
Technology Act of 2000 (which was
concerned with penalties for transmitting
offensive messages through
communication services) was
overbalanced by the Supreme Court in
2015. In one case in point, a college
student received numerous vulgar text
messages and calls from an unknown
number. Later, the cops discovered that
the number belonged to a classmate of
hers. According to a poll, the caller was
typically someone the victim knew.
Conditions For An Unsolicited Call To Qualify As Harassing
Not all unsolicited phone calls fall within
the definition of "harassment."
The
following conditions must be met for an
unsolicited phone call to qualify as
harassing:
- Caller wants to frighten or annoy you by calling you every time.
- Making remarks, ideas, requests, or proposals that are disrespectful or disgusting.
- Continuing the conversation while remaining unknown.
- Abusive or derogatory telephone behaviour.
- Avoiding eye contact, playing disturbing music, or breathing heavily while annoying.
How Harassment On Telephone Calls Has Impacted On Women:
The harassment on telephone calls has
affected women in India in several ways. In
2019, Truecaller performed a poll of 2150
women from 14 different cities, with ages
ranging from 15 to 35. Nearly four out of
five women reported feeling irritated or
angry as a result of the harassment calls,
according to the research.
One in three
women reported that they were
psychologically affected by such calls and
felt frightened, anxious and troubled.
Further evidence that such calls are
affecting more women comes from the fact
that the impacted numbers keep rising
each year.
The victim of phone call harassment must
report the incident to the police and file a
complaint against harassing phone calls in
the general journal as a first step.
The
victim can record information to aid the
authorities in identifying the perpetrator,
such as the gender of the caller, the tone
of his voice, the date and time of the
phone call, the details of the conversation,
and the caller's estimated age. The victim
must submit an FIR if the harassing phone
calls go on for an extended period of time.
Provisions For Charging Harasser And How To File A Complaint
India has put PROVISIONS for charging the
harasser and these include:
Section 509 of the Indian
Penal Code
This section states that if someone insults 5.
your modesty over a phone call, they could
face up to a year in jail and a fine.
Section 506 of the Indian
Penal Code.
This section states that anyone found
guilty of the crime of criminal intimidation
faces a sentence of up to seven years in
jail and/or a fine.
Section 354A of the Indian
Penal Code.
According to this section, anyone who
solicits sexual favours or makes sexually
suggestive comments commits the crime
of sexual harassment, which carries a
sentence of up to three years in prison
and/or a fine.
Section 507 of the Indian
Penal Code
A two-year prison sentence will be added
to the punishment stipulated under
Section 506 of the IPC for anyone who
attempts to intimidate or threaten a woman
through anonymous communications.
Section 354D of the Indian
Penal Code
This section states that a person will be
sentenced to three years in prison and a
fine if they repeatedly approach a woman
to start a sexual relationship,
notwithstanding her lack of desire.
Women Helpline Numbers:
The 181 (Abhayam Helpline) is just
for female use. Female counsellors
are readily available to take the call
and record the harasser's
information. The police will then
proceed to locate him and file a case
against him after receiving the
information from the helpline centre.
Another nationwide women's
helpline number is 1091. All a woman
needs to do to report phone
harassment is call this number, and
the police will then take the
appropriate measures.
Both males and females can use the
general number 100 to report a
harassing phone call.
Position In Other Countries
The Federal Communications Act prohibits
harassment over the phone specifically by
47 U.S. Code 223 and various state
statutes, which also outline the legal
remedies and enforcement procedures.
Penal Code 653m PC forbids harassing
phone calls and messages in California,
including those that are vulgar, disturbing
or threatening. Such offences carry a
maximum 6-month sentence in prison and
a $1,000 fine.
The Texas Penal Code states that making
anonymous calls or having the phone ring
continuously with the aim to harass,
abuse, annoy or irritate another person is a
crime that is punished by up to 180 days in
prison and up to $2,000 as fine. If the
caller has already been charged with
harassment, he will face additional
penalties, including a year in jail and a
$4,000 fine.
As per Section 264 of the Criminal Code of
Canada, calling someone frequently with
the aim to harass or threaten them is
punished by a minimum of ten years in
prison.
Conclusion:
Even though there are rules for filing a
complaint against harassing phone calls,
there are alternative options which can be
used to deal with these problems. Keeping
personal information private can reduce
the likelihood of harassment from social
media, random stores, and strangers.
Another strategy used by the majority of
Indian women and girls is to hang up the
phone, block the number, and designate it
as spam.
All of these solutions, meanwhile,
are merely short-term fixes that won't
prevent the harasser from harassing
someone else in the near future.
Therefore, it is strongly advised that such
a harasser be reported as soon as possible
and that serious legal action be taken
against them to stop it from happening
again.
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