Govt drops plan for a separate stalking law

Faced with differences between key ministries over the issue, the government has been forced to shelve its plan to define stalking of women as new and separate offence in criminal law.

Faced with differences between key ministries over the issue, the government has been forced to shelve its plan to define stalking of women as new and separate offence in criminal law.

HT Image

The issue of making stalking a separate offence under the Indian Penal Code (IPC) had been under discussion between the ministries of women and child development (WCD), law and home since 2006, given a steady increase in crimes against women.

Lack of unanimity, however, has led to the government keeping this contentious provision out of the Criminal Laws (Amendment) Bill, 2012, approved last week by the cabinet.

Based on recommendations of the Law Commission of India and the National Commission for Women, the WCD ministry had in January forcefully argued for defining stalking under the IPC, punishable with a seven year jail term.

The law and home ministries did not accept the view, saying “in the existing Indian conditions stalking cannot be defined as a standalone offence since there is a danger of misuse of such provisions.”

Both the ministries stated, “There is a need to have a clear definition of the offence which would help in having a strong law on the issue and a better term to replace the word stalking is required.”

At present, complaints of stalking are dealt with under sections 506 (punishment for criminal intimidation) and 509 (outraging the modesty of a woman through word, gesture or act) IPC. Even cyber stalking is also not specifically defined as a crime under the Information Technology Act.

According to WCD ministry’s definition, the offence of stalking included repeatedly following a woman from place to place; repeatedly contacting a woman via telephone, mail; fax and other ways; repeatedly loitering around or watching any place a woman resides, works or carries on business at.

Interestingly, the government’s decision comes at a time when British PM David Cameron has announced plans to make stalking a specific criminal offence in England and Wales. India’s legal system is heavily borrowed from the British system. This follows criticism from activists that dealing with stalking under existing harassment laws is inadequate.