Critical Examination of the Growth of Cyberstalking in India

Shivendra Pratap Singh

Advocate

High Court Lucknow

Article | Criminal Law

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The pervasiveness of the internet has redefined how people communicate and interact. However, the digital age has also introduced new threats, such as cyberstalking. Cyberstalking involves the use of the internet or other electronic means to stalk or harass an individual or group. In India, the growth of cyberstalking has been substantial, becoming a cause for concern.

The Growth and Prevalence:

  1. Increasing Internet Penetration: The past decade has seen a rapid increase in the number of internet users in India, with more than 700 million users in 2020. This enhanced connectivity has inadvertently led to a rise in the number of cyberstalking cases.
  2. Urban and Rural Divide: Cyberstalking has been reported in both urban and rural areas. However, urban regions, with their higher internet penetration rates, report more cases.
  3. Targeted Demographics: Typically, women and children are often more susceptible to cyberstalking, although men are not immune. With the rise of social media platforms, young people, in particular, have become targets.

Challenges:

  1. Lack of Awareness: Many internet users in India are unaware of the dangers of cyberstalking. They are often unsure about what constitutes cyberstalking or how to protect themselves against it.
  2. Law Enforcement: The digital nature of the crime, combined with the lack of technical expertise among law enforcement agencies, makes the investigation of such cases challenging.
  3. Underreporting: Victims often hesitate to report cyberstalking due to fear of stigma or a lack of faith in the legal system, which makes it difficult to understand the true extent of the problem.

The Information Technology Act 2000 is the primary law in India dealing with cybercrime and digital commerce. Provisions under this act and some sections of the Indian Penal Code (IPC) can be invoked against cyberstalking. However, the legislation suffers from certain limitations:

  1. Absence of Specific Laws: Indian laws do not specifically address cyberstalking, causing difficulties in interpretation and application.
  2. Inadequate Penalties: The penalties for cyberstalking under the existing laws might not act as a significant deterrent.

Conclusion:

In conclusion, the growth of cyberstalking in India is a pressing issue that needs immediate attention. Addressing this problem requires a comprehensive approach that includes educating internet users, improving the technical capabilities of law enforcement agencies, and reforming the legal system to ensure the law adequately covers the scope of cyberstalking. At the same time, it is crucial to create a safe digital environment where victims feel empowered to report such incidents.

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