Premium
This is an archive article published on March 24, 2013

Figure this: Stalking is not harmless flirting

However,while many parliamentarians felt the legislation was too harsh on this,the fact is that anti-stalking laws,while relatively new,are now in existence in many countries.

Stalking is not harmless flirting

If the “anti-rape Bill” ran into problems in Parliament,one of its most contested provisions was punishment for stalking,voyeurism. Sharad Yadav of the JD(U) famously said trailing a woman was the only way to her heart,to much mirth in the Lok Sabha. However,while many parliamentarians felt the legislation was too harsh on this,the fact is that anti-stalking laws,while relatively new,are now in existence in many countries.

In addition to criminalising certain behaviour,anti-stalking laws may offer victims additional protection against their stalkers,such as confidential addresses. Judges are allowed to deny bail to accused stalkers who pose a credible threat to a victim. While referred to specifically as anti-stalking laws in some countries,in the United Kingdom,these provisions are covered under its anti-harassment laws:

Story continues below this ad

AFGHANISTAN: The government passed the ‘Elimination of Violence Against Women (EVAW)’ law as part of the Shia Family Law in August 2009,which apparently prohibits stalking of women (not men). However,implementation is slow and problematic.

AUSTRALIA: Every Australian state enacted laws prohibiting stalking during the 1990s,with Queensland being the first state to do so in 1994. The laws vary slightly from state to state,with punishment ranging from a maximum of 10 years’ imprisonment in some states to a fine. Most Australian states provide the option of a restraining order in cases of stalking.

BANGLADESH: In the wake of a high court direction,the government modified an Act in 2010 to allow men who stalk women to be tried summarily. Offenders can be sentenced to one year in prison or a fine.

CANADA: Section 264 of the Criminal Code of Canada,titled “criminal harassment”,addresses acts which are termed “stalking” in many other jurisdictions. The provisions of the section came into force in August 1993 with the intent of further strengthening laws protecting women.

Story continues below this ad

JAPAN: Japan enacted a national law in 2000 to combat this behaviour after the murder of 21-year-old Shiori Ino,whose complaints against her stalker had been repeatedly ignored. Acts of stalking are now viewed in the country as “interfering (with) the tranquillity of others’ lives”.

ITALY: After a series of high-profile incidents,a law became effective in February 2009 making continuing harassment that leaves a victim scared for her safety or that of her near ones,or causes her to change her “living habits”,a criminal offence punishable with imprisonment ranging from six months to four years. The punishment is more severe if the perpetrator has a past relationship with the victim or if the victim is pregnant or a minor.

ISRAEL: The country enacted Law for the Prevention of Stalking in 2001,“which is intended to protect a person from harm occasioned to their well-being,privacy,freedom,or body,by another person,acting in a manner constituting stalking (i.e. intimidating harassment),or bodily harm”. The court may issue a protective injunction against a person who engages in stalking,or impose further restrictions.

SOUTH AFRICA: The Legislative Assembly passed the Protection from Harassment Bill in August 2011 providing for protection against harassment and including sections concerning protection orders and cyberstalking.

Story continues below this ad

UNITED KINGDOM: In November 2012,the government amended the existing law to specifically deal with stalking behaviour. However,even before the enactment of the Prevention from Harassment Act,the Malicious Communications Act 1988 and the Telecommunications Act 1984 criminalised indecent,offensive or threatening phone calls and the sending of an indecent,offensive or threatening letter,electronic communication or other articles to another person.

UNITED STATES: The first state to criminalise stalking in the US was California in 1990 due to several high-profile cases,including the 1982 attempted murder of actress Theresa Saldana,the 1988 massacre by Richard Farley,the 1989 murder of actress Rebecca Schaeffer,and five Orange County stalking murders,also in 1989. Within three years,every state in the US had followed suit on the crime of stalking.

Latest Comment
Post Comment
Read Comments
Advertisement
Advertisement
Advertisement
Advertisement