HOW TO LEGALLY DEAL WITH TELEPHONIC HARASSMENT IN INDIA?

Table of Contents

INTRODUCTION

In today’s era, everyone is often targeted by unwanted, unlimited & harassing phone calls where calling someone with the intent to abuse, threaten or harass another completely unknown person. Making repeated phone calls using rude or indecent /vulgar language during a telephone call.

If harassing phone calls are received frequently for a long period of time, then phone call harassment could be considered stalking, and such calls come under the concept of a criminal offense in India.

There is a difference between an annoying call and a harassing call.

HOW DO IDENTIFY A HARASSING CALL?

We can’t recognize if someone is harassing or annoying us, but if we try to pay attention to the types of harassment we might be able to recognize them which are as follows:

The intention of the caller is to harass or threaten you by repeatedly calling you again and again.
Making indecent or vulgar comments proposals or requests.
Continued the conversation without disclosing their identity.
Abusing or making degrading remarks.
Playing intimidating songs or remaining silent or using inappropriate language over the phone call.

What you can do before going to Police?

Avoid talking to unknown callers who try to attract your attention.
Try to record or save harassing messages you received.
Never hand over any sort of personal information over the telephone.

CONSEQUENCES OF HARASSMENT CALLS ON WOMEN

As per a True caller survey, One out of every 3 women shared that they were affected mentally and even got worried or scared by these unwanted calls

And the distressing numbers keep on increasing every year signifying that more women are getting distressed by such calls.

As we mentioned earlier there is a difference between annoying calls and harassing calls. Many companies and Institutions make regular phone calls to their customer or the general public for public service announcements, surveys, political campaign messages, etc. and those calls are allowed and legal.

TYPE OF CALLS

one blue color siemens mobile phone standing with green color landline adjacent to cream color and black color landline phones

Many types of telephone Harassment take your sense of security.

Phone calls where the caller ID is hidden. If someone is calling you from a hidden phone number that means they have been stalking you and would prefer to keep their identity hidden. That phone calls are called Hidden ID Calls.
Any calls made using computer software are called Robocalls. The technology behind it is legal and companies use it to send information to their customers. But these types of calls are also a source of harassment.
Intimidating or threatening telephone calls are terrifying. Sometimes, harassers/Callers can make open threats about hurting you. They have all the information about you. Being called by the person who knows a lot about you is scary enough. These are the calls that are being made repeatedly until you pick up the call.

According to the Survey findings, 4 out of every 5 women mentioned that they felt anger and irritation due to these harassment calls.

WHAT SHOULD WE DO IF RECEIVING HARASSING PHONE CALLS?

The first step is that the victim must inform the police and register a complaint against the caller.
Second, the victim as evidence to help police in identifying the offender/ caller, note down the date and time of the phone call, his voice tone, conversation details, and estimated age.
The victim must file an FIR.
Contact a lawyer for help.

REMEDIES AVAILABLE IN OUR INDIAN LAW

Section 354 A of the Indian Penal Code:- Sexual harassment and punishment for sexual harassment

Any person doing physical contact, requesting or demanding sexual favors or making colored remarks, or showing pornography against a woman’s will shall be guilty of the offense of sexual harassment and shall be punishable with imprisonment up to three years and/or a fine.

Section 354 D of the Indian Penal Code:- Stalking

Any man who constantly follows, contact, or attempt to contact a woman for initiating personal interactions despite a clear indication of disinterest and monitors the use by a woman of the internet, email, or any other electronic communication then he will be punished with an imprisonment of three years & fine.

Section 506 of the Indian Penal Code:- Punishment for Criminal Intimidation

Any person who commits the offense of criminal intimidation shall be punished with imprisonment of up to 7 years and/or a fine.

Section 509 of the Indian Penal Code:- Word, Gesture or an Act Intended to insult the Modesty of a Women

If any personal insults or intends to insult the modesty of any woman, utters any word or makes any sound over a phone call, he will be liable to be punished with simple imprisonment up to one year or with a fine, or with both.

WOMEN HELPLINE

Any woman or girl facing violence within the public or private sector of life she must be provided toll- free 24 hrs telecom services.

100 – 100 is a general number that can be used by both males and females for reporting.
181 – 181 helplines are intended for women’s safety. Some female counselors will answer the call and take down all the details of the harasser/caller.
1091 – helplines are another number throughout the country. Whenever a woman is facing any phone call harassment, she needs to do is dial this number and after those police will take necessary action against the harasser/caller.