Legal

Feminist Criticism of the Criminal Justice System in India

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This Blog is written by Illa Mathi Maran from UPES, Dehradun. Edited by Ravikiran Shukre.

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INTRODUCTION:

The feminist criticism of criminal law and the criminal justice administration that has the proliferated and over the past decade and now touched score of doctrinal and theoretical issue. The critique and the association and the proposal and the for reform are usually acknowledged to be controversial, then the proposal which was made usually acknowledged to be controversial and the opponents were collected. The feminist position has its basis in the simple fact that cannot be considered as that debatable. The criminal law has the options from top to bottom and the preoccupied with the male concern and the males’ perspective. [1]

The feminist challenge is that to adopt the male-oriented criminal laws and the practices to be concerned of a group of victims and offenders who normally live out of the picture. This turns out to be difficult, send also not just because of the many conflicts as the confliction as that was committed in criminal law equation is hard because of the conflicting concern and communication as the most Indian shares. There were further conflicting arguments which are raised on the women in the criminal laws.

The ill-treatment of the women in the older ages was considered as the tumid ill-treatment of women by the feminists. The patriarchal setup in the country discriminates against the rising hands of the women. Judges across the world have been showing a legacy that the problem might be in the process of the outcome in the protest against the bias they face in every sphere of life. The Supreme Court and the high court have made laws that can help women, but there is some specific lagging in the system maintain it.

The problem of women is not a limited thing there are mainly in the criminal law, the impact of patriarchy level was more as that was mainly in the judiciary. The main function of the society was to act as the patriarchal society in the past and present days. In this research, we are mostly going to discuss the functional and judicial aspects of the feminist view in criminal law.

SIGNIFICANCE OF THIS DEVELOPMENT:

Feminist criminology was mainly beginning in the early age from 1960s and early 1970s which was focusing mainly on the issues affecting women in the public domain and the understanding that the male perspectives of the female perpetrator and victims of the crime. There are mainly 2 approaches that to be being in understand by the phenomena of crime.

1) First that the reason to commit that crime arises from the wrongdoer and that is directly linked to an individual itself. The means and the female offenders and the behavioral abnormal and the deviant and that also lead her to commit the crime. The feminist sociologist argues the overlooking [2] the female offenders that synonymous with the position of the women in the civil or legal status.

2) Secondly the offenders result from the circumstances that may have developed the female life. The child maltreatment and the low income etc. has both of the approaches that find the fault with the women

The women were considered criminally dangerous that was less responsible and less as of a threat to society. The explanation in the theory was mainly in familial paternalism. Various theories as such given the thought process as, a woman why break the accepted social and the cultural norms she will be viewed as a bad woman. EX: when a woman was awarded a higher sentence for child abandonment than men committing the same crime. There are various theories as masculine abandonment that the men committed the crime. The masculine character of the women was committing gruesome offenses. Just to this theory the when the woman commits a grave offense then the women will be displayed as the character predominant in the male’s nature this having acted as that contrary to the accepted gender norms and that was found liable for stringent punishment

In these cases, they have similar sentences for the offense as their male counterpart. The main reason that to be in consideration while the offenses as the male counterparts. The main reason which was sentenced the female offenders and that affects the child. The women and the children were innocents and the victim was punished as that incarcretionofits mother might be the only provider in the family.

IMPACT:

The impact of the patriarchal impact in the criminal laws as that the women prisoners under the chairpersonship of the justice V.K Krishna Iyer who has submitted a report mention about the problem of women to the union as well as the state government to bring in the urgent reforms in the jail that is concerned in the women’s prisoners. The statutes on the Indian women consist as that 4.3% of the total prisoner’s population. According to the 2019-20 Prison Statistics Report of the National Crime Records Bureau of India (NCRB), a high percentage of women are currently incarcerated in the country’s prisons. 4,78,600 prisoners in a total of 4,58,687 were male prisoners and 19,913 were female prisoners. [3] The women prisoners need to incorporate the more gender-respective prisons because the prisons which were initially made were men create essentially men.

The debate of the topic is still continuing as weathermen and women in the prisons should be treated differently with the adoption of the rule from the banking. A woman who experiences prison can be attributed to her biological and physical realities. Pregnancies and the menstrual cycle made an experience of imprisonment.

The report shows the women who were houses in the place of sanction capacity from the 60, out of whom were as 20 were convicted, the rest under the trials. According to the project funded planning commission the government of Indian on the “women prisoners and the children who were convicted under in the ratio of the 1:8 among the prisoners. The theory focused on the ‘causative explanation” rather than the “contextual explanations” a that was mainly in the functional aspects. The focus shifted from the prisoners who are women to women who are criminals. the act as a great hindrance that reform the movement from the women because the perceives the normal women never taken as the resources as the women as the perceived as the women as that hindrance that reform the movements that were perceived the women never take the recourse the criminals are biologically and psychologically abnormal and amount practice reform them.

PROVISIONS IN THE LEGISLATURE:

The analysis of the supreme court as the light was in the fact as that has the conceptualization as that assigning the gender society where women that considered the foundation of the family. The fallow of the social tradition and the custom as the compassionate maintain the family’s unit. The mitigate a women’s liability the crime and the low female the rare as compare tome. The reasons as that to explain the logical behind the pattern. The court has been to chivalrous that the stereotype the women needs protection.

The consequence of the possibility as that the discriminatory powering the sentencing the offenders the might off the stuck in the armchair the women weeks in sex as general. The side as that the judiciary that taken as the circumstance as which women might have commits the negative effect of sentencing her on her family. The subjective standard that the liability the sentence as compares the seriousness of the crime. The judicial mind that the bench of A.K Sikri that the found supreme court judgement that relevant factor found on the determine the quantum sentence. The critique of the criminal laws that the view fold that on the 2013, only penis penetration of the vagina was that constituted as a rape according to section 375 and the Indian penal code. [4] The penetration by the fingers did not constitute to be rape as that the punishment was given less. The rational distinction of the criminal laws that the patriarchal motive. The rational and the distinction of the criminal laws as the patriarchal motive. The penal penetration that the lead to pregnancies property right were seen as threatened.

The patriarchal aspect of the criminal laws that continues of these false promises including the existence in the 2013 the “casual sex given on the false promise of marriage constitutes rape”. The assumption made an order to acquit the accused that under the criminal laws that good women would not have the sexual intercourse the being marriage. That constitute as that was mainly in the series as that in the acquittal of the commission as that was mildly involved in the fallowing as that is then considered in the rape. In the Supreme Court clarified that false promises are proved the sex between two consenting adults founded in the promise marriage will not be consider as a rape. These cases where made as an important impact on the patriarchal; society.

CASE LAWS:

The depiction of the present standards was mainly in the functionaries as that was in the culpability of the women as that highly consistent at time unjust. In the case of Nirmala Devi v. State Of Himachal Pradesh [5] [6] the accused woman which her male accomplisher and that she was drugged and women was awarded a sentence of the 2 years in jail by the trial court for the crime which is imprisonment of the 10 years of fine

The Supreme Court sentences that the woman as lesser punishment as that to be prescribed he has to be taken as that her familial to need of another and she had 3 mirror children two of which aware of the unsung mind. The court has also observed as the important aspect as that was women are competing with men in the criminal world; they are emulating them in all the crimes and even the surprising men at times”. The family and the children of the while sentences as that when she commits the crime as that gain validation on the societal stereotypes as the essentialization as that the women emulate the male sex is superior as that was validated in the superior and absolute. The gender factor was mainly in the negated forms as that was mainly in the format as that was in the idea of the ideal women hood as that was in the gender factor as that cannot apply more or less as a uniform standard while decided the culpability of the women perpetrators as that was mainly in the particular circumstances

This case law made a view on the people about the patriarchal view of the laws which was followed in the society. The factors as such as the maintenance in the women. The women as that were in the functional as that the factors as such the functional aspect was mainly in the functional. The mainly the female was pointed to the serious crimes. The functional aspect was mainly in the tremendous product was considered. This case was mainly in the functional aspect as that was mainly in the functional aspect of the case law. There were mainly in the functional aspect as that fallowed as functions.

ANALYSIS:

This is an alternate view of the society that the women were mainly in the functional aspect as fallowed. In all cases of separation (be it informal separation or through a judicial order), marital rape has been criminalized. The sentence for the same has also been significantly increased but the fact remains that within a continuing marriage, marital rape is yet to be criminalized even through the amendment to the Act.

The patriarchal society was mainly I the functional aspect as that was mainly in the functional aspect as mainly as the functional as that mainly in the functionaries of the mentionable aspect of the women were mainly in the aspect of the subject in many of the serious cases. the functional aspect of the cases case laws was made in the different view in the aspects as the functional aspect. The women were considered as the important aspect mentioning in the different view in the criminal law.

The patriarchal aspect of the criminal law was an important threat to the judiciary, there should be an alternative law as that was mainly as the functional aspects as to be fallowed as the aspect to be followed. The need for the consent of a married woman to be taken by the husband is not considered important according to the amended Act and hence, portrays a married woman as an object used by the husband for the purposes of sex.

CONCLUSION:

Concrete legalization was in the criminal laws as that was in the sexual harassment as that was in the requires country and the fallowing in 2013 the amendment as that is progressive as the step toward it the spirit of the flaws. The concrete legislation should give a better understanding of the severity of the crime preparation and the infuse certain that amount that sensitive amount criminal law among citizens. The executive should be encouraging as that these laws were the spirit of the legislation in the mind.

There should be regulated that that does not cross its limits because of unjust discrimination and that some of the suggestions and in the light in the sensitizing the issue of women as that criminal that would be the simplification of the bail procedures for the women under the trials that the establishment of ore family court for the speedy disposal of cases, that recruitment as more female judges as that was tries as the cases as related women ensuring a better understanding of the circumstances.