A panel discussion emphasised the need for making stalking a non-bailable offence. By Team Viva
The victims of stalking live in fear. Once you strike out fear, they gain a liberating freedom. It is important that we teach everyone not to just respect women’s safety but also respect women’s freedom,” said Varnika Kundu, who had a traumatic experience in Chandigarh.
On August 5, Vikas, son of a senior politician, and his friend, Ashish Kumar, allegedly stalked her and tried blocking her car. She called Chandigarh Police and got the duo apprehended. They were reportedly under the influence of alcohol during the time of the incident. Both were booked under Section 354 D (stalking) of the IPC and under provisions of the Motor Vehicle Act. later, police added sections of attempt to kidnap too. In October, police framed charges against Vikas and Ashish under the same sections. Their defence counsel has filed a review petition on the charges, calling it a “media trial.” Vikas was denied bail four times by a trial court.
It was her personal experience that compelled Kundu to start a petition on Change.org urging MPs to move a bill making stalking a non-bailable offence. Today, the petition has around 1,30,000 signatures.
Despite serious reportage of harrowing incidents, stalking still remains a bailable offence under Indian Penal Code. Without serious scrutiny, victims are in grave danger from blood thirsty felons. Addressing a session called Talking Stalking at the Oxford Bookstore, Kundu asked, “Why do we have to wait for harm to come our way before considering it a crimeIJ” She also urged women to enroll in martial arts classes, saying her basic knowledge of self-defence had helped her get out of stalking situations.
Joining the panel was MP Shashi Tharoor, who has pledged support to a proposed private member bill for making stalking a non-bailable offence. Announcing he would try to introduce it in the lok Sabha in the Budget Session, Tharoor said, “Now is the time to talk about stalking”, and that stalkers in India have a “sense of impunity” as it is a bailable offence. He further added that, “Those who aren’t allowing this bill to prevail are doing an insult to all the Varnikas and laxmis of our country.” During the discussion, he was adamant about approaching Maneka Gandhi, Minister of Women and Child Welfare, with all the material as major issues require the support of the government.
He also referred to some lyrics in Bollywood films that suggest pursuing a woman as commonplace. “When I was a teenager, I used to hear songs like Tera peecha na main toh choru na soniye... and somehow, the society accepted it as normal. It is time we say it is not ok...Stalking is a bailable offence, so many a time offenders’ misbehaviour extends to acid attack and other cases, and in one or two cases, to rape and murder,” he said.
Senior advocate Kamini Jaiswal also shared her views: “Stalking has been a cancerous disease in our society for decades. There is an urgent need to make investigative agencies sensitive to issues pertaining to women.” She emphasised the importance of law and a need for amendments so that the Nirbhaya incident isn’t ever repeated.
Advocate Karuna Nundy called stalking the result of a “massive lacuna” in our system as it enables criminals to go on a violent rampage. “Our current laws do not allow a restraining order against stalkers.” She added that when the Stalking Bill failed in 2013, it led to many women being killed, raped and attacked by acid. “People should understand the meaning of the word ‘no.’ Be it a man or woman, a ‘no’ is a definitive statement in itself to be respected by everyone.”
Geetha Nambisan, director of Women Resource Centre, believes the non-committal behaviour of police in rural areas is the leading reason for the spiralling numbers of harassment. “Framing and implementation of strict laws is the only way to bring such crimes down.”
In 2005, 15-year-old laxmi Agarwal survived an acid attack after she turned down the advances of a man who stalked her for two-and-a-half years. “I did not live like a victim. I am a survivor. I am not a poor thing. I have all rights to live my life to the fullest. I have made a place for myself. Support yourself, and only then will others support you,” she told the audience. She further stressed the need for more rehabilitation centres. “It is important to build rehabilitation centres to encourage and empower acid attack survivors to move forward in life. We should teach men not to stalk and control their anger. As a citizen of India, we have a right to not get stalked.”
