Woman stalked and killed in Hyderabad: Why harassers are not afraid of Indian law
Stalking often culminates in murder, rape acid attacks or sexual harassment for the victim.
A 24-year-old woman was stabbed and strangulated inside her home in Hyderabad on Wednesday, allegedly by a colleague. The story is one we have heard before – the man, Ananthappa, was Bonu Janaki’s colleague and wished to marry her, she refused, he stalked her for six months, threatened to kill himself and her, and finally, on January 10, barged into her house when she was alone and did kill her.
Janaki and the accused worked at a D-Mart supermarket. According to reports, she had confided in her roommate and colleagues about the threats and harassment, but was too scared to approach the police or the store management.
The incident comes a bare few weeks after a woman was burnt alive allegedly by her stalker in Secunderabad on December 22. The accused had been her colleague. Incidentally, on January 11, Vikas Barala, the son of Haryana BJP chief Subhash Barala who was booked for stalking 29-year-old Varnika Kundu in Chandigarh, was granted bail by the Punjab and Haryana High Court.
On November 13, 2017 in Chennai, a woman, her mother and her sister were set on fire by a man whose marriage proposal she had turned down. The woman died. The man had been stalking her for a month, to the extent that she had stopped going to work.
There are numerous other such cases that have hit headlines recently, where stalking has culminated in murder, rape acid attacks or sexual harassment for the victim.
Recognise stalking for the grievous crime it is
All of these cases might have been prevented had stalking been recognised as what it is – extreme harassment that is a precursor to more grievous harm – and help sought and provided on time.
There is a pattern to most of these stories: the aggressor is usually “in love” with the victim and has been turned down, the stalking builds up over a period of time, ending in a violent crime.
While the final crime – murder, physical and sexual attack – gets attention, the intense harassment that preceded it is often not treated with the same gravity, by the law, and by the society.
Far too often, stalking is dismissed as a minor inconvenience, or condoned as romantic pursuit – the brooding hero following the heroine everywhere is an established cinematic trope. Some form of physical harm, to the “lover” or the “beloved”, is also fair game in supposedly great romances – case in point Dhanush deciding to “scare” Sonam Kapoor into loving him in Raanjhanaa, by slashing his wrist.
But think of what stalking actually means – being followed by someone everywhere you go, being aware of a bike trailing you even in crowded places, the consciousness of being watched in college corridors, office cafeterias, public transport, every unknown number flashing on your phone meaning a call from that person. The experience is traumatic, exhausting, leaving one shaken and spooked all the time.
Imagine having to give up going to work, or tuition, or whatever else was important to you, simply because someone else exists, and has decided to harass you.
And in many such cases, the women are also trying to hide the ordeal from their parents, husband, teachers, for fear that some part of the blame will fall on them too, and the first reaction will be to shut the woman inside the house. Imagine being followed by someone in a public place, and fearing not just what he might do, but also what people discovering him following you will do to your and your family’s reputation.
There is no romance in the process, it is abuse, plain and simple, it is crippling, debilitating mental torture.
Stalking and the law
After the horrific December 16 gang-rape case, stalking was made a criminal offence, but the law is not stringent in spirit.
The first reported offence of stalking is bailable. Under Section 354D of the Indian Penal Code, stalking is punishable with imprisonment of up to three years plus fine for first conviction, and imprisonment for up to 5 years with fine in case of repeated offence.
The maximum punishment for theft is three years. The maximum punishment for robbery can extend to 10 years. Yet, stalking effectively amounts to infringement of the right to life and liberty of an individual. Why then is it not treated with the seriousness that it deserves?
Thus, if a woman does approach the police with a stalking complaint, the accused can be out of the police station and back on the streets in a matter of a few hours, with an added injury to now avenge.
There is no provision of something on the lines of a restraining order, whihch would stop the accused from coming within a defined distance of the complainant.
Another problem with the law is that it defines stalking as a man harassing a woman – it says nothing of when a woman is the stalker and a man the victim.
Make it easier for victims to speak up
The question of the law comes up if the victim manages to report the crime, which she is deterred from at every level. Family members are likely to treat it has an “honour” problem, and even if driven by nothing but concern for the woman’s welfare, are likely to ask her to stay home to stay safe.
Workplaces, educational institutes are likely to assume that the woman shares at least part of the blame, or to treat her as part of the problem – something that may lead to a law-and-order case on their hands.
The police, burdened by a huge pendency of cases, might not treat stalking as a very grave issue. Odds, thus, are stalked against the victim in every way, the entire system coming together to compound the problem.
Know what you can do
A recent Times of India report quotes a police officer as saying that women should file complaints against stalking, as that is still the most effective way to tackle the crime.
“We file suo moto cases… but suo moto cases don't stand much of a chance in the court of law, in the absence of an FIR. Which is why we really insist, in fact even beg, the girls and their families to file an FIR. Most victims request: 'just get them to stop troubling us and that's enough' or 'Don't drag us into it.' Ideally, a case filed means that a culprit is off the streets or won't bother another girl again,” the officer is quoted as saying.
If you are having trouble going to a police station, a complaint can be filed online by filling this form. Women can also approach the National Commission for Women, which will then alert the police. The contact numbers – 011 - 26942369, 26944740, 26944754, 26944805, 26944809 – are available on the commission’s website.
Stalking is one human limiting another from living their life the way they want to, and often, is a precursor of serious mental and physical harm. To tackle the crime, the law, the mindset of the society, and of the victims themselves needs to change.