Everyone wishes to feel safe, regardless of gender. Stalking is not a women's issue or a men's issue; it's a human rights issue.Tracing back to the history, the patriarchal society doesn't provide any rights for the women population. This leads to the creation of many gender-specific laws for the empowerment of women to protect her and provide rights to her.

This doesn't mean that women are the only victims of the offencesthat were made exclusively for their protection. One among them is the offenceof stalking. In India, theBharatiya Nyaya Sanhita (BNS) covers the aspect of stalking, assuming only women are victims and men are the perpetrators. However, men also fall prey to such stalking offences. Due to some factors, they are unreported. Every person in the welfare state should feel free and live their lives without fear. A single person's rights should also be protected by the state.

Stalking is a serious human rights violation that poses a threat or fear in the minds of the victims. In India, however, the patriarchal society norms make the men victims of stalking unaddressed and leave them with little protection.This articletalks how the emergence of technology contributes to the highest threat for stalking victims. The rise of social media and other platforms paves the way for the online stalkers to harass the victim. This articlealsohighlights the need for gender-neutral laws for stalking in India, a need for a survey, and the reasons why such offenses remain unaddressed.

Introduction:
From the ancient mythological stories, such as the Ramayana, where Surpanakha, the sister of Ravana, proposes marriage to Rama, but he rejects her, stating his devotion to his wife Sita. Being furious,she stalks him and decided to kill and eat Sita while trying to do so her nose was cut by lakshman which results in the battle between rama and ravana. These types of stories had led to the inference that the aspect of stalking was there many years ago[1]

When comparing to other countries in the world regarding the stalking law, they are gender neutral. However, Indian laws failed to protect male victims. If a man is going to report such incidents, there is no clear section in India that creates confusion for the officials under which legislation they have to report the case. This may have left the issue unaddressed.

According to the Centers for Disease Control and Prevention (CDC), in 2014:
15% of women reported that they experienced stalking at some point in their lives and Approximately 6% of men reported stalking experience in the US.[2].This report of the US is evident that men are also being stalked. Even if it is a right of a single man, the state is duty-bound to protect the right of him.

History of Stalking Laws in India

• India's stalking laws have undergone a remarkable transformation, especially after the landmark Nirbhaya case in 2012, which exposed gaps in legal safeguards against such crimes and highlighted the need for stronger protections.
• On December 23, 2012, the Justice Verma Committee was established to recommend changes to criminal law. The Committee suggested that stalking be clearly defined and established as a distinct criminal offence, carrying a maximum penalty of three years imprisonment. This aimed to cover both physical and cyberstalking behaviors.
• The Committee provided a specific definition of stalking, describing it as repeated acts of surveillance, following, or harassment that create fear or distress in the victim.
• The 2013 Criminal Law Amendment introduced stalking as a criminal offence under Section 354D of the Indian Penal Code (IPC), providing a legal framework to protect individuals from stalking.
• After the Indian Penal Code was replaced by the new Bharatiya Nyaya Sanhita (BNS) on July 1, 2024, Chapter V was dedicated to safeguarding the rights of women and children.
• Section 78 of the BNS aims to provide enhanced protection by recognizing the impact of stalking on women, acknowledging that they are more likely to be victims of such crimes. However, Section 78 is not gender-neutral as it defines stalking as an offence committed by a man who persistently follows or monitors a woman, either in person or through electronic means, despite her explicit rejection.
  
• Exceptions to stalking laws: Stalking laws do not apply in situations where:
  • Actions are taken in official duties to prevent or detect crime.
  • The conduct follows a legal requirement.
  • The behavior was reasonable and justified under specific circumstances.
  • Actions were taken in good faith and for legitimate purposes.
    
• Punishment:
  • For a first conviction: Imprisonment up to three years and a fine.
  • For subsequent convictions: Imprisonment up to five years with a fine.
• Stalking is a bailable offence for the first conviction but becomes non-bailable and cognizable for repeat offences.
• Section 67 of the Information Technology (IT) Act shares similarities with stalking laws as it prohibits the electronic publishing or transmission of obscene material. While not an exclusive anti-stalking law, it can be applied in cases where obscene content is used to harass a victim, constituting cyberstalking.
• Section 67 of the IT Act is gender-neutral, applying to both men and women equally. Although it does not specify gender, its applications often benefit women due to the nature of cybercrime offences.

Stalking Definitions Worldwide

• France: As per Article 222-33-2 of the French Criminal Code, stalking punishes moral harassment. This prohibits repeated behaviors aimed at injuring someone's dignity, mental health, or work. It is punishable by 1 year imprisonment and a €15,000 fine.
• Italy: Section 612-bis of the Italian Criminal Code punishes repeated harassing or threatening behavior that causes fear or anxiety for the victim, regarding their safety or their family's, with sentences ranging from 6 months to 4 years.
• Australia: Stalking laws were established in the 1990s through the Australian Capital Territory Crimes Act 1990 (s34A), which states that no person should stalk another with the intention to cause fear or serious harm to the other person or any third person.
• Canada: Section 264 of the Criminal Code covers stalking behaviors under the term "criminal harassment" and convicts offenders under either summary (quick legal proceedings with short imprisonment and penalties) or indictment (grand jury-based review of evidence before trial). Punishment can be up to 10 years imprisonment.
• Germany: Under Section 238 of the German Criminal Code, stalking is a criminal offence punishable by up to 3 years imprisonment or a fine for basic offences and 3 months to 5 years imprisonment for severe offences. It states that no one should attempt to have physical contact with or threaten the victim in a way that affects their lifestyle.

From the laws of various countries, it is inferred that all such laws addressing stalking are gender-neutral and do not restrict themselves only to women.

Reasons Why Male Victims Hesitate to Report the Offence

• The stalking laws in India are specific to women. The absence of explicit protection makes men feel that there is no law to protect them, leading to silence.
• Traditional gender norms pressure men to appear self-sufficient and strong, which may make them feel ashamed or reluctant to report such incidents.
• In a patriarchal society, men are seen as perpetrators, not victims.
• Fear of ridicule by peers may also contribute to hesitation.
• The nature of stalking makes it difficult for men to identify themselves as victims, leading to unreported cases.
• The perception that officials and society will not respond adequately discourages male victims from coming forward.
• Even if male victims seek police assistance, they fear their complaints will not be taken seriously, and there is no specific section under the law to file a case against the perpetrator.

These factors contribute tot underreporting of stalking incidents among men in India.

Surveys and Statistics

• In India, no specific survey has been conducted to determine whether men are victimized in stalking. However, the Economic Times - Synovate survey in 2012 found that men should be included in the Sexual Harassment at Workplace Bill, passed in 2012.
• The survey, conducted among 527 individuals across seven Indian cities (Hyderabad, Bangalore, Kolkata, Chennai, Delhi, Mumbai, and Pune), revealed:
  • 19% of men reported sexual harassment at the workplace.
  • Region-specific findings:
    • Bangalore: 51%
    • Delhi: 31%
    • Hyderabad: 28%
  • Additionally, 38% believed men and women are equally likely to be victims of sexual harassment at the workplace.
    
• According to the Crime Survey for England and Wales:
  • About 1.2 million people experienced stalking in the year ending March 2016.
  • 450,000 were male victims, and 759,000 were female victims.
  • Around 85% of victims do not report stalking.
  • In 2020/21, only 20.5% of male victims reported stalking to the police.
  • Crime survey data and information from 28 police forces suggest that many victims are coming forward, but reported numbers are lower than estimates.
  • Male victims were estimated at around 35% in 2019/20.
  • In Kent, 21.5% of victims were male.

Women as Perpetrators of Stalking

The following factors show the complexity of women as perpetrators of stalking and its impact on male victims in modern society:

• Rejection in Relationships: After the end of a close or intimate relationship, women may engage in stalking to reunite with their partner or retaliate for rejection or abandonment.
• Mental Health Issues: Female stalkers often exhibit psychological disorders, such as delusional beliefs, personality disorders, or morbid infatuations, leading to obsessive behaviors.
• Resentment: When the perpetrator feels mistreated by the victim, resentment arises, leading to revenge attempts in personal or professional contexts.
• Social and Cultural Factors: Fear of ridicule and cultural stigma may discourage men from reporting stalking by women, leading to unchecked stalking behavior.
• Technology-Facilitated Stalking: Perpetrators increasingly use social media, email, and text messages, making stalking easier compared to traditional methods.

Role of Technology in Stalking

Technology has played a significant role in stalking in modern society. The misuse of online platforms and digital tools enables stalkers to monitor, harass, and threaten victims. Key ways in which technology facilitates stalking and impacts male victims include:

• Surveillance and Tracking:
  • Use of GPS devices, social media posts, and location-tracking apps to monitor victims.
  • Spyware installed on victims' devices to access emails, messages, and personal information.
  • Hidden cameras play a major role in stalking.
• Unwanted Contact: Stalkers may threaten or harass victims by spreading rumors or humiliating content via email or messages.
• Life Invasion: Stalkers may hack personal details such as bank accounts and social media, monitoring victims' activities without their knowledge.
• Blackmail: Stalkers may threaten to share private photos, videos, or information online. Perpetrators may also interfere with victims' employment or finances by spreading false information.

Challenges for Male Victims:

• Ongoing Impact: Even after some kind of legal action is taken, stalkers may continue stalking online remotely, leading male victims to live in constant fear and vigilance.
• Lack of Awareness: In many instances, victims are unaware that they are being monitored by spyware or other technological gadgets until significant harm occurs. Modern technology has made it more difficult for stalking victims to escape. To address this, awareness, legal protections, and support systems should be in place.

Landmark Cases Refining Stalking and Harassment:

• R v Constanza [1997] 2 Cr.App.R.492: This case significantly impacted the understanding of stalking and harassment. A key takeaway is that stalking can be invoked even if no physical harm occurs, as long as there is an immediate fear of violence. Assault can be committed through words alone.
• R v Ireland and Burstow [1997] UKHL 34: The UK courts held that repeated telephone calls or following a person can constitute stalking.
• State v. Randall 669 So. 2d 223 (Ala. Crim. App. 1995): The U.S. court ruled that criminal conduct includes repeated following or harassment of the victim.
• Hayes v. State, 717 So.2d 30 (Ala. Crim. App. 1997): The court held that the apparent ability to carry out a threat is enough to constitute an offense and does not require intent to execute the threat.
• Jayaprakash PP vs Sheeba Revi & Ors. CRL.MC NO. 631 OF 2020 (India): The Kerala High Court ruled that mere threats or abuse by a man toward a woman do not constitute stalking under the IPC, highlighting the need for clarity in stalking laws to prevent misuse.
• Omit Chauhan vs State of Maharashtra, Criminal Appeal 364 of 2022: The Bombay High Court ruled that a single instance of following a victim does not constitute stalking under Section 354-D of the IPC and the POCSO Act. A pattern of behavior is required.
• Mituram s/o Udayram Dhurve v. The State of Maharashtra [2024 LiveLaw (Bom) 436 – 654]: The Bombay High Court held that repeatedly following a minor girl and expressing love despite her reluctance constitutes sexual harassment under the POCSO Act.
• 2011 Hague, Netherlands Case: A woman was charged with an offense after calling her ex-boyfriend 65,000 times in one year, leading to legal consequences.
• 2024 China Case (Xiaoyu Incident): A Chinese teenager, Xiaoyu, was hospitalized due to a rare medical condition known as "love brain." She caused distress for her boyfriend by calling him over 100 times a day, smashing household items, and threatening to jump from the balcony when he didn't respond. The boyfriend had to call the police for assistance.

Conclusion:
We should not be too quick to make judgement on what we heard, remember! there is always two sides for a story.Men should not be considered as offenders all the time, because of the existing presumptions.The other side of them may be completely helpless and suffering in silence.It is the responsibility of the people to respect each others privacy and to protect from harassment. Although the current laws in Indiaare well created,they still have the gap to make the offence of stalking a gender neutral offence.

All individuals have the right to live their life freely without any kind of fear from violence.A survey regarding how many men is affected by stalking in India should be analysed by the government. While other countries across the nations view this offence without any gender perspectives,Indiaalso has to make such gender neutral laws protecting both men and women victims.Legal proceedings should also need to happen for the protection of male victims.Without any kind of gender bias as our Indian constitution says under article 14, the victims had to be treated equally by the state irrespective of their gender.

End Notes:

• Surpanakha - The story of the woman scorned (April 19, 2011, last viewed on 7 March 2025)
• Stalking Statistics & Facts (last viewed on 7 March 2025)
• BNS Section - 78 < https://devgan.in/bns/section/78/ > (last viewed on 7 March 2025)
• Indian Kanoon (last viewed on 7 March 2025)
• Stalking (last viewed on 7 March 2025)
• The Stalking Crime - Studio Legale Cecatiello Milano (last viewed on 7 March 2025)
• Australian Stalking Laws < https://privacy.org.au/resources/privacy-law/australia/ > (last viewed on 7 March 2025)
• Criminal Code CRSC, 1985, c.C-46 < https://www.justice.gc.ca/eng/rp-pr/cj-jp/fv-vf/stalk-harc/har.html > (last viewed on 7 March 2025)
• Cyberstalking and Stalking in Germany < https://se-legal.de/criminal-defense-lawyer/cyberstalking-and-stalking-lawyer-in-germany/?lang=en > (last viewed on 7 March 2025)
• Kritika Kapoor, Men too are victims of sexual harassment (Dec 21, 2012, 15:55 IST) < https://timesofindia.indiatimes.com/life-style/relationships/love-sex/men-too-are-victims-of-sexual-harassment/articleshow/16336627.cms > (last viewed on 7 March 2025)
• Male stalking victim: 'People don't take you seriously' (BBC News, 7 January 2018) < https://www.bbc.com/news/uk-42582820.amp > (last viewed on 7 March 2025)
• Dutch woman 'called boyfriend 65,000 times' (BBC, 14 September 2011) < https://www.bbc.com/news/world-europe-14913053.amp > (last viewed on 7 March 2025)
• Girl Calls Her Boyfriend Over 100 Times A Day, Diagnosed With 'Love Brain' (Times of India, Apr 24, 2024, 20:25 IST) < https://timesofindia.indiatimes.com/life-style/relationships/love-sex/girl-calls-her-boyfriend-over-100-times-a-day-diagnosed-with-love-brain/amp_articleshow/109569510.cms > (last viewed on 7 March 2025)

Written By:

1. Maheswari S,2nd year, BA.LLB (Hons) - Sastra University, School of Law,Thanjavur,Tamilnadu
2. Mathan Kumar P,2nd year, BBA - VO Chidambaram College, Thoothukudi, Tamilnadu.