A city lawyer practising in the Supreme Court of India, has brought attention to the limitations within current provisions addressing stalking and voyeurism which emerged as the big challenge for society, especially women, in the digital era. The lawyer’s study paper, recently published in an international legal journal, delves into the complexity of these offences and shed light on pressing challenges. The primary hurdle identified is the feasibility of establishing a dedicated wing to tackle stalking and voyeurism. “The difficulty in collecting evidence and accurately attributing it to the offender further complicates these cases and it was observed in scenarios where on-line hackers compromise accounts to stalk victims,” according to the study of Adv Manan Rajendra Daga, a pass out of the West Bengal National University of Juridical Sciences (NUJS). While acknowledging the progress post-amendment, the study suggests further research and better implementation of laws to overcome existing hurdles. The cases mentioned, including instances of suicide due to stalking which expose the vulnerability of victims and the importance of reporting such crimes. In a case in 2016, a woman had committed suicide as she was fed up of the harassment and constant stalking she had been facing. So, the accused was charged with abetment to suicide and stalking under IPC in this case. In another case reported in 2017, the accused harassed the victim and made her leave the hostel and college. Thereafter, stalked her physically and virtually, along with harassing her.

 

He was booked under a lot of provisions including the one under stalking, informed the research paper. The study also distinguishes between overt and covert stalking and notes the evolution of voyeurism from visual to digital offences. In covert stalking, the offender does everything in hiding and in doing that, definitely oversteps the privacy boundary of the victim without her knowing. “Voyeurism has not only stayed as a visual offence. It has transformed itself from being merely visual to being digital. The photos or videos one captures in the act of committing voyeurism, and then uploads it online or sells it online, is expanding the offence from being visual to digital,” the research paper stated. The study further elaborated the scenario of Voyeurism and stated that it has been on an upsurge on another level. It can also be committed physically, like through keyholes or peepholes, but the same is difficult to prove in court as the evidence is hard to collect. “Leave the court, these types of voyeurism are hard to discover in general, as most victims are not even aware of such intrusion into their privacy. An exclusive provision for this is a good sign of development, but it is not enough. The nuances of the same need further research, and better implementation of laws is needed,” the paper stated. It also highlighted gender bias in existing laws also surfaced in the study as the 2013 amendment primarily focused on offences against women and left male victims with limited recourse. “With Section 377 of IPC being decriminalised, such provisions of stalking and voyeurism should be made for the male members of the society too.

 

This gender-biased law should be done away with because now even the males are at the peril of being victims to the offences of stalking and voyeurism,” the presentation opined. The analysis proposes practical solutions to enhance the effectiveness of stalking and voyeurism laws. A key recommendation is the implementation of widespread awareness campaigns to educate people on potential risks and preventive measures. The study also stressed the regulation on drones. “With increase in such technology, several new devices are being created like drones. Drones might also be used to indulge in stalking and voyeurism. Hence, a proper regulation of using drones in residential places for sure, and possibly in business places too, should be devised,” the study claimed. The study stressed on the need to promote awareness about the definitions of stalking and voyeurism and empower the persons to file criminal cases against offenders. As society grapples with evolving challenges in the digital age, the study focused that comprehensive and inclusive measures are deemed imperative to bridge gaps in existing laws and safeguard the citizens from these offences, it said.