The ‘haste’ in amendment of criminal law to make stalking a non-bailable offence has come under the scanner of a city court. The court has observed that the amendment with regard to stalking after the December 16, 2012 gang-rape case was a hurried decision as several facets were missed out. “After the Delhi gang-rape case, the Government hurriedly swung into action and brought about an ordinance which culminated into an act (Criminal law Amendment Act 2013) making stalking a specific offence under IPC.
However, most unfortunately it was a knee-jerk reaction in order to assuage public anger but in that hurried process certain facets connected with stalking have not been taken care off and there is an urgent need to put in place a mechanism which could take care of several aspects,” Additional Sessions Judge Kamini lau said.
The observation was made by the court while sentencing a man, who used to stalk his ex-girlfriend even after her marriage, to two years of jail for molestation. The court also directed the prison authorities to get him treated for “psychotic obsessiveness.”
Disposing of the case, ASJ lau observed that convict Ashok Singh’s compulsive obsessive behaviour resulted in imbalanced conduct and the possibility of him repeating it even after his release and perhaps with more vengeance cannot be ruled out. “To ensure the safety of the woman there is a desirability of keeping him out of circulation of the society at least till such time he receives treatment for his stalking behaviour,” the court said, while holding him guilty of offences of molestation and criminal intimidation.
According to the prosecution, Singh and the woman had a love affair of seven years but they could not marry due to family opposition as they belonged to different castes and he got married to someone chosen by his parents. The woman’s family also got her married to someone else but this was not acceptable to Singh who started following her to her matrimonial home and did objectionable things outside her house.
The court also imposed a fine of Rs 25,000 on Singh, 31, and said the amount be given to the woman as compensation. The court observed that Singh, who is married and has a child, is having a mental fixation for his ex-girlfriend, whom he could not marry due to family opposition.
During the proceedings, the welfare officer had told court that Singh even used to write letters to the woman from jail and call her to meet him. The officer added that risk to the woman’s life would be reduced if they were kept at different places.