Cyber stalking victimisation of women: Evaluating the effectiveness of current laws in India from restorative justice and therapeutic jurisprudential perspectives
Victimisation of women through cyber stalking is one of the most serious crimes against women. Many countries including India have developed laws regulating cyber stalking. This article argues that since both, restorative justice (RJ) and therapeutic jurisprudence (TJ) are victim oriented,...
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| Format: | Article |
| Language: | English |
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Victimology Society of Serbia and University of Belgrade, Faculty of Special Education and Rehabilitation
2015-01-01
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| Series: | Temida |
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| Online Access: | http://www.doiserbia.nb.rs/img/doi/1450-6637/2015/1450-66371504103H.pdf |
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| _version_ | 1839596351379210240 |
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| author | Halder Debarati |
| author_facet | Halder Debarati |
| author_sort | Halder Debarati |
| collection | DOAJ |
| description | Victimisation of women through cyber stalking is one of the most serious
crimes against women. Many countries including India have developed laws
regulating cyber stalking. This article argues that since both, restorative
justice (RJ) and therapeutic jurisprudence (TJ) are victim oriented, the
issue of cyber stalking of women may be dealt with by RJ process and the laws
in this regard must be analysed by the legal actors with a background in RJ
and TJ philosophy. India had earlier taken up therapeutic punishment policy
to enforce rights of the accused. But the modern principles of TJ have still
not been considered in the RJ background in cyber stalking cases. This
article therefore examines whether RJ and TJ principles can replace
retributive principles for cyber stalking victimisation. It also examines the
Indian cyber stalking law from RJ and TJ perspectives to assess its
effectiveness for victims. |
| format | Article |
| id | doaj-art-df06a19f73f74f859e6c32e3632e9149 |
| institution | Matheson Library |
| issn | 1450-6637 2406-0941 |
| language | English |
| publishDate | 2015-01-01 |
| publisher | Victimology Society of Serbia and University of Belgrade, Faculty of Special Education and Rehabilitation |
| record_format | Article |
| series | Temida |
| spelling | doaj-art-df06a19f73f74f859e6c32e3632e91492025-08-02T21:22:18ZengVictimology Society of Serbia and University of Belgrade, Faculty of Special Education and RehabilitationTemida1450-66372406-09412015-01-01183-410313010.2298/TEM1504103H1450-66371504103HCyber stalking victimisation of women: Evaluating the effectiveness of current laws in India from restorative justice and therapeutic jurisprudential perspectivesHalder Debarati0Centre for cyber victim counselling, Tamil Nadu, IndiaVictimisation of women through cyber stalking is one of the most serious crimes against women. Many countries including India have developed laws regulating cyber stalking. This article argues that since both, restorative justice (RJ) and therapeutic jurisprudence (TJ) are victim oriented, the issue of cyber stalking of women may be dealt with by RJ process and the laws in this regard must be analysed by the legal actors with a background in RJ and TJ philosophy. India had earlier taken up therapeutic punishment policy to enforce rights of the accused. But the modern principles of TJ have still not been considered in the RJ background in cyber stalking cases. This article therefore examines whether RJ and TJ principles can replace retributive principles for cyber stalking victimisation. It also examines the Indian cyber stalking law from RJ and TJ perspectives to assess its effectiveness for victims.http://www.doiserbia.nb.rs/img/doi/1450-6637/2015/1450-66371504103H.pdfcyber stalkingrestorative justicetherapeutic jurisprudencevictimisation of women |
| spellingShingle | Halder Debarati Cyber stalking victimisation of women: Evaluating the effectiveness of current laws in India from restorative justice and therapeutic jurisprudential perspectives Temida cyber stalking restorative justice therapeutic jurisprudence victimisation of women |
| title | Cyber stalking victimisation of women: Evaluating the effectiveness of current laws in India from restorative justice and therapeutic jurisprudential perspectives |
| title_full | Cyber stalking victimisation of women: Evaluating the effectiveness of current laws in India from restorative justice and therapeutic jurisprudential perspectives |
| title_fullStr | Cyber stalking victimisation of women: Evaluating the effectiveness of current laws in India from restorative justice and therapeutic jurisprudential perspectives |
| title_full_unstemmed | Cyber stalking victimisation of women: Evaluating the effectiveness of current laws in India from restorative justice and therapeutic jurisprudential perspectives |
| title_short | Cyber stalking victimisation of women: Evaluating the effectiveness of current laws in India from restorative justice and therapeutic jurisprudential perspectives |
| title_sort | cyber stalking victimisation of women evaluating the effectiveness of current laws in india from restorative justice and therapeutic jurisprudential perspectives |
| topic | cyber stalking restorative justice therapeutic jurisprudence victimisation of women |
| url | http://www.doiserbia.nb.rs/img/doi/1450-6637/2015/1450-66371504103H.pdf |
| work_keys_str_mv | AT halderdebarati cyberstalkingvictimisationofwomenevaluatingtheeffectivenessofcurrentlawsinindiafromrestorativejusticeandtherapeuticjurisprudentialperspectives |