Open Access Research Article
AN ANALYSIS OF GENDER DISPARITY IN CRIMINAL JUSTICE SYSTEM OF INDIA
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Article Details
AN ANALYSIS OF GENDER DISPARITY IN
CRIMINAL JUSTICE SYSTEM OF INDIA
AUTHORED BY - HRIDIYA SURESH MATHEW
This article is written by Hridiya
Suresh Mathew, a 3rd year student of School of Law, Christ
(Deemed to be University), Bangalore.
ABSTRACT
The Supreme Court once opined that
although sex is not a matter for determining case in many countries, in Indian
Justice system gender is a trivial matter and considered when deciding the
maximum punishment given to a Female criminal. Furthermore, Indian judges often
use social and cultural bias to determine whether a female culprit is guilty,
and in sentencing her if she is found guilty. Hence, this paper entirely
outlines the comprehension of gender disparity in Indian Criminal justice
system and the reasons for it. Further the paper also discusses about several
provisions which reflects the gender disparity that exist. In addition to that,
this will assist the reader in understanding how a woman accused is being
treated by the Indian Justice system and whether this act of gender disparity
is destroying the real essence of criminal law enforcement. The paper gives
space for more analysis on how this gender disparity affects the society as a
whole. The present paper starts by giving a brief introduction on the current
situation of gender disparity in the criminal justice system in India. The
Researcher Further explains the causes and various instances where this disparity
in gender is seen. The paper ends by suggesting how this disparity of gender
can be reduced. The writer, through this piece of writing, basically aims to
summarize all possible and necessary information regarding gender disparity in
judicial system and its effects for the sake and betterment of readers. The
ultimate purpose of this paper is to highlight and condemn the issue in order
to initiate a dialogue and healthy discussion in a field of law that is
otherwise neglected.
Keywords: Indian Criminal Justice
system, Gender disparity, Feminism, Women, Crime.
INTRODUCTION
Gender disparity in the
criminal justice system has been a significant social issue for decades. Men
and women experience the criminal justice system differently, with women being
disproportionately affected by issues such as discrimination, abuse, and
marginalization. This is largely since the criminal justice system is designed
with men in mind, and often fails to account for the unique experiences of
women.
Women have been subjected to several
cruelties across the world for a long time now. India being a patriarchal
country, woman has faced lot of discrimination, oppression, and violence etc in
the societal level. Male and female convicts are not treated equally in India.
The Indian judges often take social as well as cultural biases while sentencing
a female offender. It is evident that most of the judges across the world have
always shown a leniency towards the women culprits as they feel that women are
always fighting for gender equality and believe that this might be the result
of their protest towards the bias they face in every phase of their life. As
mentioned earlier, even the Supreme Court has once opined that although sex is
not a matter for determining case in many countries, in Indian Justice system
gender is a trivial matter and considered when deciding the maximum punishment
given to a Female criminal.
RESEARCH QUESTION
1. Is gender disparity in the criminal justice
system a major problem?
2. In what ways does this affect society?
STATEMENT OF PROBLEM
The present study is an attempt to
find out to what extent this gender disparity is justified and how this
disparity affects serving justice. The study is entitled as “Analysis of Gender
disparity in criminal Justice System of India”
SCOPE OF STUDY
The study is about the Analysis of
Gender disparity in the criminal Justice System of India. The study focuses on
the existing gender disparity seen in the criminal justice system in India and
the probable justifications. The paper also mentions the causes and recommends
the ways to reduce the same. The research paper is focused on literature
studies taken from online collections of journals, websites, blogs, newspapers,
and news portals as secondary sources. The method of study is quantitative
study.
REFLECTING GENDER DISPARITY IN INDIAN
CRIMINAL JUSTICE SYSTEM
The Indian criminal justice system
has several provisions that reflect gender disparity. Here are some examples:
1. Rape laws: The Indian Penal
Code (IPC) has provisions for rape, but they are gender-specific and only apply
to women. The laws do not recognize the possibility of a man being raped by a
woman, which reinforces traditional gender roles and ignores the experiences of
male victims.
2. Domestic violence laws: The
Protection of Women from Domestic Violence Act, 2005, is a significant step
towards addressing gender-based violence. However, it only provides protection
to women in domestic relationships and ignores the experiences of men who may
be victims of domestic violence.
3. Sentencing: Research
suggests that women are often punished more harshly than men for the same
crimes. This is particularly true for women who have committed crimes related
to drugs or sex work. Women who are incarcerated also often receive fewer
opportunities for rehabilitation and education, which perpetuates their
disadvantage.
4. Police response: Police
often lack sensitivity when dealing with victims of gender-based violence,
particularly in cases involving sexual assault. This can discourage victims
from coming forward and exacerbate the trauma they have experienced.
5. Access to justice: Women from marginalized communities,
such as Dalits and Adivasis, face additional barriers when accessing justice.
They are more likely to experience discrimination and may not have the
resources to navigate the legal system.
These provisions reflect a systemic
gender bias within the Indian criminal justice system. While efforts have been
made to address these issues, there is still much work to be done to ensure
that women and marginalized communities are treated fairly and equitably within
the system.
CAUSES OF SUCH DISPARITIES
Some of the factors for such
disparities are as follows:
(A) Economic Factors
• Division of labour: Men are given
heavy tasks, while women are given light and domestic duties. Domestic work and
creative work are not paid equally because of the widely held belief that men
do not know money management.
• Employment issues - Women may experience a
lot of workplace sexual assault, particularly in the unorganised sector. If
their families do not require financial assistance, women are not encouraged in
dealing in economic activity. When a woman has the resources to live, she can
be sexually abused, but she is not psychologically ready to be. There is a link
between being harassed and subsequently losing the job.
(B) Social Factors
• The cultural barriers that women
face make it more difficult for them to act up to their abilities. By overcoming
the challenges and assimilating into the culture, they are unable to seize the
best opportunities.
• Life and roles play a role in inferiority.
The fundamental nature of their designated roles and Preferences encourages
bigotry and sexism. (C) Educational Factors
• Females are discouraged from pursuing
careers in law due to a lack of general readiness among them, lower income, and
other factors. The top priority in this particular field is gender equality.
• Most of the time women are
forbidden from pursuing advanced level of learning due to socio-economic and
cultural climate though they are encouraged to get higher education.
(C) Political factors
• Despite a decline in prosecution rates,
violence against women is becoming more common. Although there are more police
stations, courts, jails, and government financial commitments than ever before,
the suffering of women is still unabated.
• Justice and freedom
cannot be guaranteed by the gender equality project because of social,
economic, and cultural factors. Political institutions still have a long way to
go before there is an equal distribution of power across all facets of society.
RECOMMENDATIONS
Both economic empowerment and education are
necessary for women's growth. Increased literacy and economic mobility can
change sociocultural attitudes, which would solve most women's problems. There
is some sloppiness in the implementation of welfare laws and schemes as a
result of the presence of men in government agencies, but this situation can be
improved. Economic growth that includes women may automatically lessen
patriarchal oppression. Girls succeed more and earn more than boys, according
to the current trends in education at the secondary school level. Recreational
activities, meditation, therapy, exercise, learning self-defence techniques,
and sex education can all help women with their psychological issues.
Participation in self-help groups and coordinated activities of women are
effective and have benefited women, especially homemakers. Men should
acknowledge the rights, equality, and empowerment of women in their families,
places of learning, and places of employment. There is a reservation system in
politics and governmental institutions. Women will become more likely to take
advantage of opportunities and contribute to the development and growth of
their country when they have access to education and political empowerment in
general, as well as the elimination of corruption and the criminalization of
politics, the introduction and expansion of voting-rights protections, the
rights of female leaders like MLAs and Presidents, and the empowerment of
officers at all levels. Eliminating poverty, expanding infrastructure, and
programmes to boost agricultural output are necessary for people residing in
rural areas, including women. India's path to growth is impeded by large
disparities, especially those of gender, class, caste, and area.
"Persistent inequalities, inadequate public service delivery, weak
accountability mechanisms, and deficiencies in the implementation of pro-poor
policies are further impediments to progress in this regard," the
Millennium Development Goal report states.
LIMITATION
OF THE STUDY
Behind every study there are potential
limitations, so are behind this study. These limitations drastically affect the
scope of the study. Firstly, the quality of secondary data is good, but it is
less reliable and cannot be re-verified. In the second place, due to the
shortage of time, all aspects of the study could not be covered. Lastly, the
limitation of the work lies in the fact that there is a plurality of views in
this regard and it is a difficult proportion to choose between the various
perspectives.
CONCLUSION
Judges should act in a
more neutral way while deciding the case and should not come into a conclusion
by just understanding the role played by women in the society. It is necessary
to consider other aspects as well which drives them to commit crime. To sum up,
sometimes this gender disparity in the justice system is essential for the
proper operation of society, but these should not cross a limit in such a way
that it always favours a particular gender. Because at the end of the day “no
innocent should be judged to guilty no matter a hundred guilty are acquitted
Article Information
AN ANALYSIS OF GENDER DISPARITY IN CRIMINAL JUSTICE SYSTEM OF INDIA
Authors: HRIDIYA SURESH MATHEW
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/04/22
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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