THE QUEST FOR JUSTICE: CYBERSTALKING AGAINST WOMEN IN INDIA

Povzetek

Cyberstalking has emerged as a ubiquitous and growing issue in India, disproportionately affecting women and revealing gaps in the country’s digital legal framework. As technology and social media continue to expand, cyberstalking has evolved into a more complex form of harassment, exacerbating gender disparities. This paper explores the prevalence and impact of cyberstalking in India, focusing on the effectiveness of the Information Technology Act (2000) and the Bhartiya Nyaya Sanhita (2023) in addressing this crime. The study highlights the inadequacies of existing laws, particularly their failure to address modern cybercrimes such as non-consensual dissemination of personal information, online harassment, and cyberstalking. High-profile case studies, including those of Ritu Kohli and Sharmistha Mukherjee, illustrate how perpetrators exploit digital anonymity to harass women without immediate legal repercussions. These cases reveal the shortcomings of current legal instruments, such as the lack of clear definitions for cyberstalking and the challenges of handling cross-jurisdictional crimes.

The research also examines law enforcement's challenges, including the lack of technical expertise to trace anonymous cyberstalkers. The paper advocates urgent legislative reforms to combat cyberstalking, including clearer legal definitions, rigorous penalties, and updated procedural guidelines. Ultimately, the paper emphasizes the need for a multi-stakeholder approach, involving law enforcement, policymakers, digital platforms, and civil society, to create a secure digital environment for women. It calls for a coordinated strategy combining legal reform and societal education to reduce cyberstalking and foster a safer and more equitable digital ecosystem for women in India.