Published Paper
Article Details
FEMINIST CRIMINOLOGY
SUBMITTED
BY :- CHAHAT KANCHAN
NMIMS KIRIT
P. MEHTA SCHOOL OF LAW, MUMBAI
ABSTRACT
Criminology is the study of crimes, criminals,
and criminal justice. And the relationship between gender and crime has been
there for a very long time. Gender plays an important role when it comes to
dealing with criminals and giving justice, since it has always been stereotyped
that men and women have different potentials when it comes to committing crimes[1].
The society has been conditioned to think that a crime, especially a serious
crime that causes grievous hurt, is caused only by men, and that women do not
have the heart to commit such an atrocity. And no matter how much the
contemporary society has evolved, this is the one concept which has not
evolved. Male criminals were the focus of criminology. The goal of the new
school of feminist criminology is to explain why women commit crimes. It
emphasizes the differences between men and women in the criminal justice
system.
Criminal justice policies have been
significantly impacted by the notion that males perpetrate most crimes. It is
safe to interpret that gender of the criminal affects the law and the way the
society responds to it. And even though the law does not discriminate on the
grounds of gender of the person, it has been shown in a survey that the social
characteristics of an offender does have an impact on the decision made by the
Court.
INTRODUCTION
The fact that male dominance is present
in criminology as well is not a fact that is accepted by everyone. Thus, it is
important to comprehend gender distinctions in criminal behaviour, so that it
lowers criminal activities to a certain extent. Criminology is the deductive
study of the nature, severity, administration, causes, control, outcomes, and
anticipation of criminal action on both the individual and social levels.
Female exploitation is a worry in today's feminist criminology. The framework
for the law and criminal justice faces a variety of challenges, including
issues with prostitution, sexual orientation inequality, and female wrongdoing.
Feminist criminology offers an
alternative perspective to the study of crime. Additionally, they draw
attention to the disciplinary blind spots despite the fact that feminist and
visual lines of criminological research have distinct foci, strengths, and
weaknesses. While visual criminology challenges criminology's dependence on
text and numbers, feminist criminology addresses the gender biases that are
ingrained in the discipline. There are numerous causes for the disparities in
sentencing between men and women, and not all feminists support treating women
equitably by the criminal justice system. Women don't seem to have done
"big" crimes like bank robberies, stock fraud, or other white-collar
offenses. Instead, for a variety of crimes, they are admitted to the criminal
justice system.
There have numerous theories given by
various scholars on this subject, such as the Marxist theory, the liberal
theory, the socialist theory, etc, which have had a huge impact on the criminal
justice system. But in this paper, the objective of the research is to analyse
the gender disparities in in the field of criminology, and to study criminology
from the legal perspective. The scope of this paper includes the research done
on women who have committed a crime and are offenders, women as victims of
crime, and the related topics. The research questions for this paper are how
have gender disparities in criminology impacted the justice system and what can
be done so as to improve the justice system.
REVIEW OF LITERATURE
Aayushi Shah, in her paper, Feminist
Criminology: Flowers are committing Sins, states the causes of women
committing crimes. She goes on to state the various theories that state the
causes and gives suggestions as to how can they be prevented and what measures
are to be taken to improve so that the society benefits in general.
Lynne A. Haney, in her paper titled, Feminist
State Theory: Applications to Jurisprudence, Criminology, and the Welfare
State, mentions how women were subordinated by the society. Feminist
criminologists looked through numerous cases to come to the conclusion that the
state was biased against women in the older ages.
Madalina Epure, in her paper titled, Critically
Assess: The Relative Merits of Liberal, Socialist and Radical Feminism, the author goes on
to explain the three types of feminist theories. It is a tripartite analysis of
the contemporary feminism.
In the paper titled, Critical
Analysis of Female Criminality in India, the author puts up a question if
feminist criminality is a revolt against the male domination. The current situation
of women has its roots in the past, when the society was more male dominated as
compared to today. But the author answers the question himself, when he says
that a revolution is for achieving freedom while committing a crime is
deliberate and impulsive, which does not bring any good.
Samina Waseem in her paper titled, Female
Criminality in India: Prevalence, Causes and Preventive Measures, reviews
the theories related to female criminality. She continues by outlining the
causes of the rise in female arrests for criminal activity in recent years and
offers solutions that could significantly reduce the number of crimes committed
by women.
STRANDS OF FEMINIST CRIMINOLOGY
Ø Liberal Feminism- Liberal Feminism focus on the ability
of women to maintain equality in the society through their own activities. They
accept the fact that it is because of superstitions and orthodox thinking that they
are not getting equal status in the society. Liberal feminists argue that since
the society holds a biased opinion of women, it is because of this bias nature
that it believes that women are physically and academically inferior to men. Consequently,
they strive to incorporate women into society at large.
Ø Radical Feminism- The Radical feminists view female
oppression as the most fundamental form of oppression, one that is spread
across all the cultures, races and economic classes. They are intent on social
change, which is required since upliftment of women’s condition is a huge
issue. They do not view rape as a crime of sex, but they view it as an aspect
of male dominion and control.
Ø Marxist and Socialist Feminism- This school of feminism explores the
place of women in society while concentrating on labour and economy. Finding
ways to advance women's status to parity with men is their primary concern.
According to socialist feminism, the capitalism economic system is to blame for
the oppression of women. In order to elevate women's status to parity with
males, they examine their place in the economy. Their aim is to achieve equal labour
and wages, in addition to overthrowing the capitalist structure so as to bring
about gender equality.
CAUSES OF FEMALE CRIMINALITY IN INDIA
Early researchers associated
biological or societal causes to female criminality. As a behavioural or
societal issue, crime is complex and difficult to understand[2].
Whether the causes of their crimes are biological, psychological, societal, or
environmental, women committing crimes is now something that we see a lot nowadays.
·
Psychological
Point of View- Women who are not passive and contented in their roles of
marriages and mothers are not running normally. Women with mental health issues
either reject or fail to internalize the values that go along with their social
roles. Female inmates exhibit emotional instability, insecurity, rejection, or
annoyance. They would have experienced challenging living
circumstances, and a great deal of negative situations that typically made
it difficult for them to confront life's facts. The conflicting messages about
motherhood versus work and restricted opportunities are the main reasons why
women experience more stress on average than men. On average, women with lower
social rank are more stressed than those with greater status. Women are more
likely than men to burst in violent, uncontrollable violence during times of
extreme stress. Violence is a result of situations that lead to ongoing stress
and isolation, poor coping mechanisms, and an overly controlled mentality.
Given that there are numerous crimes committed as a result of depression and
frustration, a psychological perspective is relevant to the Indian situation.
·
Sociological
Point of View- This point of view places emphasis on how social conditions can
cause a woman to become a criminal. Inequality against women exists in India
despite significant advancement and awareness on this topic. Equality for all is
stated in the Indian Constitution, but equality for women is not actually
practiced. Due to inequality, women often miss out on life's opportunities,
which has a negative impact on their financial independence and lowers their
economic standing. In Indian society, women are constantly required to
comprehend and adapt to their surroundings. It is important to address the
uneven status of women in society as a result of social oppression and their
financial dependence on men and the government. Most of the time, crimes
committed by women are seen as the final, visible signs of an underlying
medical condition or social instability. In Indian context, certain cases where
the murder victim was the respondent's own child, the murder was committed
either because the child was illegitimate or the woman was afraid of social
exclusion, or in a moment of extreme danger because of a dispute with the
husband. Thus, in most of the cases, husband-wife relationship proved quite an
important factor in the causation of murder. The other causes recognized were
illicit relations of the offender with some man, illicit relations of the
victim with some woman and conflict with husband and/or ill-treatment by
husband, which in turn proves the validity of the hypothesis of family
maladjustment as the main cause of female criminality.
It has been noted that families play a significant role in
crimes other than murders. For instance, in taxation offenses, if a man was
caught for unlawful distillation, his wife was also taken into custody for
assisting him. In situations like these, the lady merely performed her wifely
duties and did not intend to flout social or legal conventions by assisting her
husband in his business endeavours. In an Indian environment, this is
prevalent. Numerous incidents in India demonstrate that women were labeled as
criminals not because they possessed "criminalistic tendencies," but
rather because other male family members had received the same label. Thus, it
is clear that most thefts committed by women are motivated by familial and
financial obligations rather than psychological or social problems.
·
Biological
Point of View- Caesar Lombroso's contribution is regarded as the cornerstone of
scientific work on female crime from a biological perspective. According to
him, "female deviance is a biological trait or characteristic that is
inherent to the female species." Because feminine cruelty was much more
"polished" and terrible than male cruelty, he claimed that female
criminals were worse than male criminals. Lombroso believed that women had many
characteristics with children, were morally lacking, and that their low levels
of intelligence were the cause of their relatively low rates of criminal
activity. In 1895, Lombroso and Ferrero proposed a theory based on the idea
that everyone who exhibits antisocial behaviour is a biological relic. The
criminal who was born a woman was said to possess both the worst aspects of
both men and women. However, we believe that rather than being a result of a
biological backwardness, Indian women are more likely to commit crimes due to
social or economic disadvantage.
In the case of Balbir Kaur v.
State of Punjab and Ors., the offender here was Balbir Kaur and the victim
was the husband. It was a surprise that after eighteen years of marriage, the
wife killed her husband. But on further investigation the cause of the crime
was found. It was the lack of proper counselling of the partners, the absence
of the husband from the family life, and economic stress that she committed the
murder. In this case[3],
the biological as well as sociological point of view has been taken into
consideration. The mental stress and the lack of economic independency for her
was the cause of her to break down and commit the crime. And even though the
reasons are taken into consideration, the crime she committed cannot be excused.
LENIENCY STANDARDS BASED ON GENDER
Feminist criminologists sought to
understand how women and men are treated in the justice system, that is,
whether women are subjected to more severe or more lenient treatment than men. Feminist
criminology started from the premise of difference, in contrast to feminist
jurisprudence, which debated whether the gender rule of the law was one of
sameness or difference. Women are treated differently in the court system,
according to empirical data gathered since the 1970s[4].
However, it was unclear exactly how to describe this treatment. Early
investigations discovered that women were subjected to harsher treatment by the
court system, which was sometimes referred to as the "evil woman
thesis." This was especially true for those who committed significant crimes;
women whose behaviour was perceived as defying gender norms had their
"morality" questioned. State officials were alleged to treat these
women harshly and to target those who disobeyed traditional feminine norms more
severely. Overall, studies of the gender regime in the justice system make up a
small portion of feminist criminology. It was asserted that gender-ratio and
generalization issues were of greater concern to feminist criminologists.
First, significant research on the gender disparity in crime rates was done by
feminist criminologists. They discovered that women commit less crimes than
males, that women and men conduct different types of crimes, and that patterns
of female offending have changed historically. Second, feminist criminologists questioned
the misogyny behind conventional theories of female criminal behaviour, such as
those based on hormonal imbalances, mental disease.
RECOMMENDATIONS
·
Preventive
Measures- It is said that "prevention is better than cure", but even
in a large and diverse nation like India, crime prevention is a huge task. The
issue of preventing crime among women in India is considerably greater because
it is difficult to identify the weaker communities and individuals,
particularly women. The ignorant women should be informed about the role that
women play in society, their rights, and the laws that apply to them. Social
service organizations should educate people on the law, unlawful acts, and how
to report them or stay away from them. It is necessary to treat domestic
violence cases harshly to avoid future crimes and laws against dowry must be
implemented properly.
·
Corrective
Measures- Female criminals who are serving prison sentences because of crimes
they committed alone or with other companions should be given the
opportunity to change their behaviour so that when they complete their
sentences and are released from prison, they will be women without criminal
traits who are more informed and aware, enabling them to avoid committing
crimes and associating with other criminals. Most women are denied their
freedom and commit crimes to free themselves from the grip of cruel traditions.
Such women should receive adequate assistance and support to enable them to
become independent and take positive action for their children, families, and
themselves. In jails, women participate in a variety of hobbies such as sewing,
gardening, painting, cooking, and handicrafts, which is a good idea and greatly
enhances their self-respect and confidence. People need to be made aware of a
reformed criminal's rights since they too have the right to live their life as
they did before.
·
Rehabilitative
and Supportive Measures- A woman who has committed a crime should be given the
opportunity to fulfil her parenting duties as part of rehabilitation and
assistance programs. Giving female prisoners access to good medical care and
even rehabilitation should be a priority. Should a female offender have a
mental illness, and after she is released from prison after serving her
sentence, would likely continue to commit crimes as long as the issue persisted
in her, and who knows, things may have even gotten worse before getting better.
Taking care of children of incarcerated mothers should either be done or
allowed to communicate with their children and family.
CONCLUSION
It is written in the law of the land
that everyone should be treated equally and that there should be no
discrimination on the grounds of gender, race, caste, or any other aspect.
However, while meting out justice, it is not guaranteed that male and female offenders
are treated the same way. It is seen, through research into cases that the
conviction and sentencing is affected by the gender of the person committing
the offence. In contrast to male delinquency, some trends and patterns in
female criminality have long been noted. Women make up a small share of the
prison population since it is believed that the crimes they commit are not as
serious, rarely professional, and are less likely to be repeated. But
they commit these violent acts in the same way that males do. However, the
responsible authorities should act as a source of inspiration for a continuous
endeavour to solve real-world challenges in the application of the laws and
regulations. Flowers are no longer just simple, delicate flowers, though. The
legal system needs to improve the laws phrasing it in a way to do away with
these thorns so that "Crimes are not minted in a hefty purse." The
thorns have turned up and around, and the stereotyped typical focus has
reversed.
The researcher’s conclusion from this
is that even though the justice system claims to be working within the
parameters of law, there are certain discrepancies when it comes to meting out
justice to people. There arises a question that if a certain crime was
committed by a man, would a woman have received the same punishment had she
committed it. The question remains unanswered because the justice system would
claim that they would have received the same degree of punishment, but the reality
is something that we can only guess. This stereotype of considering women as an
inferior being not capable of committing an offence needs to change. And it is
only after this change is brought, that the justice system will mete out equal
justice.
REFERENCES
·
Shah, A. (2019). Feminist
Criminology: Flowers are committing Sins. Retrieved October 10, 2022, from https://heinonline.org/HOL/P?h=hein.journals/supami11&i=134
·
Haney, L. A. (2000). Feminist State Theory:
Applications to Jurisprudence, Criminology, and the Welfare State. Annual
Review of Sociology, 26, 641–666. http://www.jstor.org/stable/223460
·
Epure, M. (2014). Critically
Assess the Merits of Liberal, Socialist and Radical Feminism. Retrieved
October 10, 2022, from https://heinonline.org/HOL/P?h=hein.journals/jogenst4&i=1787
·
Critical Analysis of Female
Criminality in India. (2022). Retrieved October 10,
2022, from https://www.juscorpus.com/critical-analysis-of-female-criminality-in-india/#_ftn7
·
Waseem, S. (2015). Female
Criminality in India: Prevalence, Causes and Preventive Measures. Retrieved
October 10, 2022, from https://www.academia.edu/download/55151928/causes_of_crime.pdf
[1] Shah, A. (2019). Feminist Criminology:
Flowers are committing Crimes. Retrieved October 10, 2022, from https://heinonline.org/HOL/P?h=hein.journals/supami11&i=134
[2] Waseem, S. (2015).
Female Criminality in India: Prevalence, Causes and Preventive Measures.
Retrieved October 10, 2022, from https://www.academia.edu/download/55151928/causes_of_crime.pdf
[3] Critical
Analysis of Female Criminality in India. (2022). Retrieved October 10, 2022, from https://www.juscorpus.com/critical-analysis-of-female-criminality-in-india/#_ftn7
[4] Haney, L. A. (2000). Feminist State Theory:
Applications to Jurisprudence, Criminology, and the Welfare State. Annual
Review of Sociology, 26, 641–666. http://www.jstor.org/stable/223460
Article Information
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.