INTRODUCTION
In today’s world, it has become easier to stay connected than ever because of digital communication. However, the use of these digital means has also given rise to misuse in which harassment through phone calls has become a pressing issue. Harassment is any sort of virtual or physical act that disturbs or subjugates another person or threatens such person in any manner. Nowadays, it has become very common for the current generation to be the target of harassing and intimidating phone calls constantly. These phone calls are unwanted, repeated, or offensive and intend to annoy, threaten, intimidate, or disturb the recipient. In India, such calls are considered a criminal offense, and laws are made to prevent the recipient from receiving such calls and to punish the harasser of such calls.
WHEN DOES A PHONE CALL RISE TO THE LEVEL OF HARASSMENT?
Not every phone call comes under the definition of a harassing phone call as some conditions need to be fulfilled for the phone call to become a harassing phone call. Such harassment occurs when someone has an intention to annoy, harass, or threaten the recipient by:
- Making continuous calls over a short period, even after they ask the caller to stop;
- Using aggressive or threatening language;
- Making inappropriate or vulgar comments, or engaging in sexually explicit conversations without the consent of the recipient;
- Making disruptive or malicious calls intended to embarrass or upset the recipient;
- Pretending to be someone else to mislead or cause confusion to the recipient.[1]
IMPACTS OF HARASSING PHONE CALLS
Depending on the frequency, content, and the recipient’s resilience unwanted harassment calls can instigate various impacts. These impacts can fall into emotional, psychological, and social categories. Emotional impacts include fear, anxiety, anger or frustration, and stress which is caused to the recipient by the harasser. Similarly, psychological impacts which include sleep disturbances, emotional exhaustion, and paranoia or hyper-vigilance can be caused to the recipient by the continuous harassing calls.[2] Social impacts cause isolation and trust issues to the victims of harassing phone calls.
DATA OF HARASSING PHONE CALLS ON WOMEN IN INDIA
The harassing phone calls have affected the women in India in various ways.[3] According to the third edition of Truecaller’s study, “Understanding the Impact of Harassment Calls and SMS for Women in India”, eight out of ten women respondents reported having experienced harassment and bother through calls and SMS messages.[4] Additionally, one in five of the female respondents claimed to have received inappropriate and sexual calls. Chennai, New Delhi, Pune, and Kolkata are some of the Indian cities which are severely impacted.
According to data, more than 9% of women report receiving such calls daily, while 52% report getting such phone calls at least once per week. According to the survey, in India, 76% of these calls originate from strangers and 4% from friends or acquaintances.[5]
Among the nations studied India had the greatest percentage of women who reported harassing calls or SMS.[6] This is because women frequently give out their phone numbers in India when they are eating out, shopping, or participating in contests.[7]
One in three women reported that they were psychologically affected by such harassing phone calls and also felt frightened, anxious, and troubled. A piece of evidence that such phone calls are affecting more women comes from the fact that the number of women is rising yearly.[8]
HOW TO GET RID OF HARASSING CALLS AND PROVISIONS FOR CHARGING HARASSER IN INDIA
The first thing that the victim of a harassing phone call should do is to report the incident to the police and file a complaint against the harasser. The victim can provide support to the police in catching up with the harasser by recording the harasser’s voice, recording the time and date of the phone calls, and identifying the harasser’s estimated age. FIR must be submitted by the victim on receiving phone calls over a long period.[9]
In India, the Bharatiya Nyaya Sanhita (BNS)[10] has several provisions to punish the accused or harasser and provide justice to the victim. These provisions are:
Section 75:[11] According to this section if any man commits the act of physical contact; demands or requests sexual favours; shows pornography against the will of a woman, or makes sexually coloured remarks, shall be guilty of the offense of sexual harassment and shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.
Section 78:[12] This section deals with the crime of stalking. It addresses situations where a man constantly follows or attempts to contact a woman despite her clear lack of interest, or monitors her online activities. It states that such a person will be sentenced to three years in prison and a fine.
Section 351:[13] According to this section, criminal intimidation is an offense if a person threatens or puts another person in danger or jeopardizes his reputation or property in an attempt to coerce the other person into doing anything that he is not legally required to do. The accused may threaten or injure the victim’s body, belongings, reputation, or other family members using words or gestures.
If found guilty under this section, the punishment for the offense could be up to two years in jail, a fine, or both. If the intimidation involves causing death or grievous hurt, destroying property by fire, or imputing unchastity to a woman, the punishment is imprisonment for up to seven years, a fine, or both.
HELPLINE NUMBERS FOR WOMEN
In India, the government has made some helpline numbers for women’s safety. The number 181 (Abhayam Helpline) is just for female use and the female counsellors are available to take the call and record the harasser’s information. After receiving the information from the helpline centre about the harasser the police will proceed to locate him and file a case against him.[14] Another nationwide women’s helpline number is 1091, managed by the Command Police Control Room (CPCR). Calls received on this number from women pertain to inquiries regarding reporting any offense or asking for counselling.[15]
It is not necessary that only females are the victims of the harassing phone calls as males can also be the victim of such calls and therefore, for this, a general helpline number 100 is made which both males and females can use to report a harassing phone call.
OTHER WAYS TO PROTECT AGAINST HARASSING PHONE CALLS
If any person is receiving harassing calls that person should avoid such calls at the very beginning of the conversation because once that person entertains such calls the harasser will follow the trick of sharing personal information or asking for the personal information of that person. So, it is better not to engage with the caller of the harassing call.
For protection against harassing business calls a person can contact the customer care service of their phone company or call ‘1909’ to register for ‘Do Not Disturb’ (DND) services. A person can report them so that no business calls go to their phone and once it gets activated, they will receive no business calls.
CONCLUSION
Harassment through unwanted phone calls is a common concern or issue that can cause distress, and anxiety, and invade an individual’s privacy in today’s digitally connected world. The Indian government is recognizing such issues and is taking appropriate measures to prevent them by making the victims of such calls aware to report such incidents to the police, using legal remedies that are available under the harassment laws, and creating a supportive environment for victims of such calls so that they can speak out and take a stand for themselves. By taking these measures, we can work towards minimizing harassment through unwanted phone calls and ensuring a safer, respectful communication world for everyone.
Author(s) Name: Riya Agrawal (S.S. Khanna Girls’Degree College, Allahabad University, Prayagraj)
References:
[1] ‘File a Complaint Against Harassing Phone Calls’ (Online Legal India, 27 February 2025) <https://www.onlinelegalindia.com/blogs/file-a-complaint-against-harassing-phone-calls/?srsltid=AfmBOopHptibSbwSo9lFhGiXC9Zpuuwk1RDqRfvIiDd0KbHlLCV5QrqS> accessed 27 February 2025
[2] Shweta Shah, ‘Harassment Through Unwanted Phone Calls: A Comprehensive Study’ (2024) 7(4) International Journal of Law Management and Humanities <https://ijlmh.com/wp-content/uploads/Harassment-through-Unwanted-Phone-Calls.pdf> accessed 27 February 2025
[3] Heggah, ‘Help Regarding Harassment Through Unwanted Telephone Calls’ (Legal Service India) <https://www.legalserviceindia.com/legal/article-15709-help-regarding-harassment-through-unwanted-telephone-calls.html> accessed 27 February 2025
[4] ‘India Has the Highest Percentage Of Women Reporting Harassing Call; Here’s How to Secure Yourself’ (Women Entrepreneurs Review) <https://www.womenentrepreneursreview.com/viewpoint/india-has-highest-percentage-of-women-reporting-harassing-calls-here-s-how-to-secure-yourself-nwid-2172.html> accessed 27 February 2025
[5] Ibid
[6] Ibid
[7] Ibid
[8] Heggah (3)
[9] Umme Habiba, ‘Harassment Through Phone Calls’ (Legal Service India) <https://www.legalserviceindia.com/legal/article-10670-harassment-through-phone-calls.html> accessed 05 January 2025
[10] Bharatiya Nyaya Sanhita 2023
[11] Bharatiya Nyaya Sanhita 2023, s 75
[12] Bharatiya Nyaya Sanhita 2023, s 78
[13] Bharatiya Nyaya Sanhita 2023, s 351
[14] Heggah (n 3)
[15] ‘Helplines’ (SPUWAC) <https://spuwac.in/helplines.html#:~:text=To%20increase%20the%20accessibility%20of,Police%20Control%20Room%20(CPCR) > accessed 06 January 2025
