Feminist Criminology
๐ What is Feminist Criminology?
Feminist criminology is a branch of criminology that studies how gender and patriarchy influence the causes, control, and consequences of crime. It emerged in the 1970s as a response to the male-centric bias in traditional criminological theories and legal systems.
๐ก Key Objectives:
Address the neglect of womenโs experiences in crime and justice systems.
Examine how gender roles, power relations, and societal structures influence crime.
Challenge sexist practices in law enforcement, judicial decisions, and corrections.
Advocate for gender-sensitive laws and policies.
๐ Key Themes:
Victimization of women (e.g., domestic violence, sexual assault, trafficking)
Criminalization of women (e.g., responses to women who offend)
Double deviance (women judged both for breaking the law and breaking gender norms)
Inequities in sentencing and legal protections
โ๏ธ Important Case Laws in Feminist Criminology
1. Vishaka v. State of Rajasthan (India, 1997)
โ๏ธ Facts:
Bhanwari Devi, a social worker, was gang-raped for attempting to stop child marriage. The existing laws were inadequate to address sexual harassment at the workplace.
๐ก Legal Issue:
Was there a violation of fundamental rights due to the absence of specific laws on sexual harassment at work?
๐๏ธ Supreme Court Ruling:
The Court laid down the Vishaka Guidelines based on international human rights conventions (CEDAW) to fill the legal vacuum.
๐ Significance in Feminist Criminology:
Recognized the systemic vulnerability of women in workplaces.
Marked a judicial acknowledgment of gender-based harassment as a crime.
Initiated the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
2. State of Maharashtra v. Madhukar Narayan Mardikar (India, 1991)
โ๏ธ Facts:
A police officer was accused of sexually assaulting a woman. The trial court questioned the woman's moral character, implying that she was of "loose character" and hence less credible.
๐ก Legal Issue:
Can a womanโs sexual history or profession be used to discredit her testimony in a sexual assault case?
๐๏ธ Supreme Court Ruling:
The Court held that every woman has the right to privacy and dignity, regardless of her background or profession. Her testimony cannot be discarded merely because of her character.
๐ Significance:
Rejected character assassination of victims in rape cases.
Reinforced the principle of bodily autonomy.
Challenged patriarchal biases in the legal system.
3. Mary Roy v. State of Kerala (India, 1986)
โ๏ธ Facts:
Mary Roy, a Christian woman from Kerala, challenged the Travancore Christian Succession Act, which denied equal property rights to women.
๐ก Legal Issue:
Do personal laws that deny equal inheritance rights to women violate the Indian Constitution?
๐๏ธ Supreme Court Ruling:
The Court struck down the discriminatory provisions and held that Indian Succession Act, 1925 (which provides equal rights) applies to Syrian Christians.
๐ Significance:
Landmark in gender justice in property rights.
Feminist challenge to religious patriarchy through constitutional law.
Empowered women in family and inheritance disputes.
4. R v. R (United Kingdom, 1991)
โ๏ธ Facts:
A husband was charged with raping his wife. Under common law, a man could not be guilty of raping his wife due to the so-called โmarital rape exemption.โ
๐ก Legal Issue:
Can a husband be legally prosecuted for raping his wife?
๐๏ธ House of Lords Ruling:
The Court abolished the marital rape exemption, holding that a wife has the same right to refuse sex as anyone else.
๐ Significance:
Recognized marital rape as a criminal offense.
Overturned centuries-old patriarchal legal assumptions.
Aligned legal standards with modern views on consent and autonomy.
5. People v. Berry (California, USA, 1976)
โ๏ธ Facts:
Berry killed his wife and claimed she emotionally provoked him. The defense invoked the "provocation" or "crime of passion" doctrine.
๐ก Legal Issue:
Can a man's emotional response to a womanโs behavior be a legitimate defense in a homicide case?
๐๏ธ Court Ruling:
The court accepted the provocation defense, reducing the charge from murder to voluntary manslaughter.
๐ Feminist Critique:
Feminist criminologists criticize such rulings for excusing male violence against women.
Highlights how legal systems can internalize male entitlement to control womenโs behavior.
Sparked debate on gendered defenses and unequal application of legal standards.
๐ Summary Table
| Case | Jurisdiction | Feminist Issue Addressed | Outcome |
|---|---|---|---|
| Vishaka v. State of Rajasthan | India | Workplace sexual harassment | Guidelines issued for protection |
| Madhukar Narayan Mardikar | India | Victimโs character in rape cases | Character cannot discredit testimony |
| Mary Roy v. State of Kerala | India | Inheritance rights for women | Equal rights upheld |
| R v. R | UK | Marital rape | Exemption abolished |
| People v. Berry | USA | Provocation in spousal homicide | Feminist critique of gendered leniency |
โ Conclusion: Feminist Criminologyโs Impact
Feminist criminology has significantly influenced legal reforms, particularly in areas like:
Sexual violence law
Workplace protections
Domestic violence statutes
Equal property and family rights
Recognition of bias in judicial processes
It continues to question and reform how laws are written, interpreted, and applied, aiming for justice systems that recognize women's realities, resist patriarchal assumptions, and treat all genders fairly.
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