P. Bociji correctly states, “The Internet is a reflection of society, including some of its darker aspects, such as crime”. Chasing and intruding on someone else’s computer or digital data make stalking a crime. Nearly a decade of prominent criminological research - concrete, concise and universally accepted definitions are still not available in this area.
Cyberstalking, like traditional offline stalking, is fueled by rage, power, control, and anger that may have been precipitated by the victim’s action or, in some cases, the victim’s inaction. Stalking incidents are increasing due to the wrongdoer’s anonymous identity. No legislation or technical assistance has been fully made practical in this area. It seems to be a unique challenge to law enforcement. Law enforcement at the local level is at a particular disadvantage as a result of jurisdictional limits.
There are many examples. One anonymous account keeps sending a woman’s posted photos personally, where the recipients were not having any kind of connections. An intention to misuse the snaps posted in their official account is completely evident. Even reported no actions taken.
In India, there is no proper legislation to tackle the above-said problems, even the Indian Penal Code did not mention stalking as an offence. Then who is the one who has the power to take up the cases, can it be only an intermediary’s liability no state nor the country have the responsibility for it?
On a surface level, stalking is explained in IPC Sec 354D where both physical and cyberstalking is included, but it only states if the offence is against a woman. We cannot categorize cyberstalking concerning the sexual orientation of a victim. No legislation had distinct theft separately for men and women then why come a man as an excluded category here.
Sec 67, 67A, 67B, 67C of Information Technology Act, 2000 came up with a new improvement on cyberstalking which punishes publishing obscene materials. Sec 66E explains voyeurism which means if the stalker uses an unauthorized way to get a certain post of the victim and posting in social media, therefore, bringing a sense of threat. But it is not at all-sufficient.
Possible Psychological explanation to stalking has been made by many experts are:
According to Bociji & McFarlane 2003, the stalkers suffer from de Clerambault’s syndrome, an erotomanic type of delusional disorder.
Other studies suggest it is a mental disorder but rather a behavioural disorder that stems from various psychopathological conditions including paranoid and delusional disorder. The problem lies in the fact that these individuals often become obsessed or infatuated with the victims.
Findings related with stalkers and recidivism state treatments to the above said the psychological problem should be addressed. Victims always seek the damages, but simply settling the problem will not cure the root cause. Prior Counselling sessions in divorce cases fixed many of the marital relations, a parallel mechanism in the cyberstalking case will make a very good preventive method from the further commission.
Negligence to file cases against cyberstalking may lead to the growing cyberstalking more prevalent. Not only that, but the stalkers also try to mobilize their actions to more grievous crimes.
Whenever we reach to law enforcement officials for a helping hand for a remedy they always suggest preventing being a victim. Most importantly try to be more cautious when meeting with an individual online. Secure ourselves with proper preventive methods. Legislations all are in their primary stage its execution is lagging by lack of expertise. Cooperative partnership with ISPs with law enforcement officers will make a big change. For the same reason, Kerala Cyber Cell initiated an innovative idea by collaborating cyber expertise to assist law enforcement authority as Cyber dome.
Have you also become a cyber victim & needs counselling as your mental health is drained or disturbed?
You aren’t alone!
WORLD CYBER SECURITY FORUM is happy to help you as we possess a team of qualified psychologists who will solve all your concerns!. Please feel free to drop us a Whatsapp message on: +91 9315049547 & we promise to keep your identity safe.
By: Sara John
(Legal Intern, WCSF)
For more updates, please visit: www.worldcybersecurities.com
Comments
Post a Comment