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THE FEMINIST SCHOOL OF
CRIMINOLOGY: A PARADIGM SHIFT
PRESENTED BY:
SAGNIK CHAKRABORTY
LL.M (the university of burdwan)
“You can tell the condition of a nation
by looking at the status of its women”
- Pt. Jawaharlal Nehru
(Former Prime Minister of India)
1. INTRODUCTION
• Before 1960s, there was a prevalent irrational view
regarding the position of women in criminology.
• The mainstream criminology has failed to study the
important differences between male and female.
• Prolonged oppression and dominance of women in
the criminology and criminal justice system left no
other option but to develop a movement for their
rights and freedom.
• Feminist School of Criminology was developed as a
reaction against the stereotypical and male dominated
traditional view in criminal justice system.
• Feminist criminology today is primarily concerned
with the women victimization, female delinquency,
prostitution, gender inequality, and so on.
• As per Dr. Julian Hermida in his “feminist
criminology” article said, “The goal is not to push
men out but to pull women in”.
OBJECTIVES
• To focus on women and crime
• To understand the theories relating to criminology.
• To discuss the reasons behind women victimology
• To identify the primary causes of women criminality
• To study the need of change in mainstream
criminology.
• To discuss the incarceration of women offenders and
their rehabilitation process.
SCOPE OF THE STUDY
Feminist school of
criminology
Theories relating
to criminology
Women
victimology
Women offenders
and their
incarceration
state
Women
criminologists
RESEARCH QUESTIONS
• Why there is a need of separate feminist concept in
criminology?
• How to identify the primary causes of women
victimization?
• What are the reasons behind Female Criminality?
• What is the need to identify the sex differences while
imposing punishment?
• What are the basic changes required during incarceration
of women?
• What is the need of gender neutral laws in India, specially
relating to sexual offences?
HYPOTHESIS
• Feminist criminology tends to create a fundamental
change in the approach regarding the position of
women in criminology. In the last five decades,
feminist school of criminology tries to create a
paradigm shift in the concept of criminology and
criminal justice system. The feminist school of
criminology is the fundamental resource for females
in the field of criminology. It creates opportunities for
female researchers and draws the attention of the
world for the protection and welfare of female
victims, offenders and prisoners.
RESEARCH METHODOLOGY
• This research is based on Doctrinal or black letter
methodology.
• It is a secondary form of collecting data. It mainly
focuses on theories, journal, books, websites and
different articles. While collecting the data, the
researcher also used primary sources of data
collection, such as, Law reports, case laws, statutes
etc.
LIMITATIONS
• The data collected for the research is limited to
Indian context
• The issues raised and solution provided is solely
limited to India
• This research is limited due to the lack of previous
research studies and limited data access on the same
topic
• This research does not provide solution to minimize
the female criminality.
• This research does not provide any adequate
recommendation for the welfare of male victims.
2. THEORIES
• Earlier, criminal theories were based on male
factors, and female crime is attributed as a result of
biological or sociological problem. Crime is a
behavioral and social problem and it is complicated
and not easy to understand.
• Theories of crime have been developed from time to
time. The early theories of male crime is now
developed and started to explain female crimes also.
Theories
of crime
Strain
Theory Differential
association
theory
Masculinity
theory
Control
theory
Labeling
theory
Liberation
theory
Freud’s
theoryDouble
standard
theory
Sex-role
theory
Biological
theory
Marxist
theory
Radical &
critical
theories
Conflict
theory
Feminist
theory
3. VICTIMOLOGY
• Feminist theory mainly
focuses on the female
offenders, but recently,
there is a growing body of
literature in the feminist
criminology related to
female victimization. This
research seeks to identify
the causes behind female
victimization, the gender
influence behind
victimization, various types
of victimization and other
factors
TYPES OF VICTIMISATION
• Sexual Misconduct
• Rape
• Sexual Touching
• Sexual Harassment
• Stalking
• Physical Assault/Battery
• Dating/Relationship/Domestic Violence
• Theft
• Threat of Harm
STATISTICAL DATA
• According to NCRB report in 2018 on crime against
women, that in every 15 minutes a case of rape had
been reported in the country. Almost 34000 women
have been rapes in 2018 according to the government
data.
• Every fourth victim of rape is minor, and 50% of the
victims are from the age category of 18-30 years. In
almost 94% of the rape cases, the accused is known
to the victim.
• In 2020, when the entire world is suffering from the
Covid-19 pandemic, India has announced a nation-wide
lockdown from March, 2020. Amidst this lockdown,
India witnessed an increase number of reported crimes
against women. According to the National commission
for Women (NCW), a total number of 2,043 complaints
of crimes against women have been received in the month
of June, which is the highest number in the last eight
months.
• While the rape cases in India have decreased due to the
nation-wide lockdown, the numbers of domestic violence
have significantly increased. Marital rapes are not
recognized in India. If it has been so recognized, then the
statistical scenario would be different. These kinds of
offences are now dealt under the umbrella of domestic
violence.
CRIME AGAINST WOMEN: CAUSES
• Social causes
• Personal and Psychological issues
• Legal issues
PROTECTION OF WOMEN VICTIMS
• UN CONVENTIONS
• LAWS RELATED TO WOMEN (INDIAN
LEGISLATIONS)
-WOMEN SPECIFIC LEGISLATIONS
-WOMEN RELATED LEGISLATIONS
• INDIAN JUDICIARY
SOLUTION
• Proper Legal awareness
• Primary level education
• Ethical and moral social
conduct
• Reconstruction of society
• Proper implementation of law
• Stringent provisions
• Active Judiciary
4. FEMALE OFFENDERS
In India, the problem of
criminality lies in various
social factors. Noticeably
economic downgrade,
poverty, unemployment,
broken homes, family issues,
societal ignorance are the
primary reasons for boosting
the criminal behavior.
REASONS FOR
WOMEN
CRIMINALITY
Economic
cause
Social cause
Psychological
cause
Physiological
cause
Illiteracy &
low education
Drug &
alcohol abuse
Superstitions
Types
of
crimes
Kidnapping
& abduction
Murder
Drug
trafficking
Prostitution
& sex
delinquency
Child
marriage
Cruelty &
dowry
harassment
Theft
5. PRISON STATISTICS IN INDIA
The Honorable Supreme Court has stated while affirming the
basic rights of the prisoners, “there could be several factors that
lead a prisoner to commit a crime but nevertheless a prisoner is
required to be treated as a human being entitled to all the basic
human rights, human dignity and human sympathy.”
The Supreme Court of India directed the Ministry of Home
Affairs and the state governments to implement “The National
Model Prison Manual 2016”; it is an important document in
regard to the basic rights of women prisoners.
The Mulla Committee has also recommended a “National
Commission for Prisons” , to provide national perspective on
prisons and became a central body for the same.
STATISTICS OF WOMEN PRISONERS IN
INDIA
According to the data collected by the National Crime
Records Bureau (NCRB) in 2019, there were a total number
of 4,72,992 Indian inmates in various jails in India out of
which 19,081 were female. The highest numbers of inmates
are from the state of Uttar Pradesh, followed by Madhya
Pradesh and then Bihar.
From 2015 to 2019, there was a slight increase in the
numbers of female offenders. Though it is negligible, still it
is a rising number. In India less than 4.1% of the total
prisoners are female offenders.
PROBLEMS & ENTITLEMENTS
• PRISON STAFF
• ACCOMMODATION
• SANITATION & HYGIENE
• HEALTH
• NUTRITION
• EDUCATION
• SKILLING & VOCATIONAL TRAINING
• LEGAL AID
• VIOLENCE
• CONTACT WITH THE OUTSIDE WORLD
• CHILDREN
• RE-INTEGRATION IN SOCIETYAFTER RELEASE
METHODS FOR RESOLUTION
Adoption and implementation of “The National Model Prison Manual, 2016” by the states
Establishment of “National Prison Commission for Women”
Regular & Thorough Inspection of Prisons
Establishment of Grievance Redressal System
Proper medical assistance for Pregnancy & Childbirth in Prison.
Welfare of Children of Women Prisoners.
Better Living Arrangements
Improvement of Health & Nutrition
Better Education, Skilling & Vocational Training Facilities.
Addressing Violence
Legal Aid & Awareness
Recruitment of Adequate Staff
Re-Integration Measures & After-Care Programme
6. CONCLUSION
The main objective of feminist criminology is to break the androcentric view and bring a gender neutral
concept in criminology. Feminist criminology is all about recognizing the female researchers in the field of
criminology, preventing and providing protection to the female victims of crime and identifying the
various causes behind female criminality and providing better rehabilitation process in the prison system.
Various conventions, laws, judgments, recommendations were made and introduced to eradicate the
above issues but in reality the same is not properly implemented. The numbers of female victims are 20
times higher than the number of female offenders. It does not mean to ignore the female criminality.
Female criminality is a growing concept which should not be ignored. But due to our socio-economic
conditions, the primary focus is stuck on the female victimization.
While enacting numerous legislations for the protection and welfare of female victims, the courts and
legislatures have ignored the presence of male victims in the society. They have ignored the very purpose
of feminist movement which is gender equality.
We cannot ignore that fact that women needs special protection due to the socio-economic conditions of
the society and the large scale crimes committed against them, but then we must not ignore the fact of
male victims in the era of 21st century, where gender is just a word and crime is gender neutral.
“I measure the progress of a
community by the degree of progress
which women have achieved”
-B.R. Ambedkar
Thank You

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The feminist school of criminology

  • 1. THE FEMINIST SCHOOL OF CRIMINOLOGY: A PARADIGM SHIFT PRESENTED BY: SAGNIK CHAKRABORTY LL.M (the university of burdwan)
  • 2. “You can tell the condition of a nation by looking at the status of its women” - Pt. Jawaharlal Nehru (Former Prime Minister of India)
  • 3. 1. INTRODUCTION • Before 1960s, there was a prevalent irrational view regarding the position of women in criminology. • The mainstream criminology has failed to study the important differences between male and female. • Prolonged oppression and dominance of women in the criminology and criminal justice system left no other option but to develop a movement for their rights and freedom.
  • 4. • Feminist School of Criminology was developed as a reaction against the stereotypical and male dominated traditional view in criminal justice system. • Feminist criminology today is primarily concerned with the women victimization, female delinquency, prostitution, gender inequality, and so on. • As per Dr. Julian Hermida in his “feminist criminology” article said, “The goal is not to push men out but to pull women in”.
  • 5. OBJECTIVES • To focus on women and crime • To understand the theories relating to criminology. • To discuss the reasons behind women victimology • To identify the primary causes of women criminality • To study the need of change in mainstream criminology. • To discuss the incarceration of women offenders and their rehabilitation process.
  • 6. SCOPE OF THE STUDY Feminist school of criminology Theories relating to criminology Women victimology Women offenders and their incarceration state Women criminologists
  • 7. RESEARCH QUESTIONS • Why there is a need of separate feminist concept in criminology? • How to identify the primary causes of women victimization? • What are the reasons behind Female Criminality? • What is the need to identify the sex differences while imposing punishment? • What are the basic changes required during incarceration of women? • What is the need of gender neutral laws in India, specially relating to sexual offences?
  • 8. HYPOTHESIS • Feminist criminology tends to create a fundamental change in the approach regarding the position of women in criminology. In the last five decades, feminist school of criminology tries to create a paradigm shift in the concept of criminology and criminal justice system. The feminist school of criminology is the fundamental resource for females in the field of criminology. It creates opportunities for female researchers and draws the attention of the world for the protection and welfare of female victims, offenders and prisoners.
  • 9. RESEARCH METHODOLOGY • This research is based on Doctrinal or black letter methodology. • It is a secondary form of collecting data. It mainly focuses on theories, journal, books, websites and different articles. While collecting the data, the researcher also used primary sources of data collection, such as, Law reports, case laws, statutes etc.
  • 10. LIMITATIONS • The data collected for the research is limited to Indian context • The issues raised and solution provided is solely limited to India • This research is limited due to the lack of previous research studies and limited data access on the same topic • This research does not provide solution to minimize the female criminality. • This research does not provide any adequate recommendation for the welfare of male victims.
  • 11. 2. THEORIES • Earlier, criminal theories were based on male factors, and female crime is attributed as a result of biological or sociological problem. Crime is a behavioral and social problem and it is complicated and not easy to understand. • Theories of crime have been developed from time to time. The early theories of male crime is now developed and started to explain female crimes also.
  • 13. 3. VICTIMOLOGY • Feminist theory mainly focuses on the female offenders, but recently, there is a growing body of literature in the feminist criminology related to female victimization. This research seeks to identify the causes behind female victimization, the gender influence behind victimization, various types of victimization and other factors
  • 14. TYPES OF VICTIMISATION • Sexual Misconduct • Rape • Sexual Touching • Sexual Harassment • Stalking • Physical Assault/Battery • Dating/Relationship/Domestic Violence • Theft • Threat of Harm
  • 15. STATISTICAL DATA • According to NCRB report in 2018 on crime against women, that in every 15 minutes a case of rape had been reported in the country. Almost 34000 women have been rapes in 2018 according to the government data. • Every fourth victim of rape is minor, and 50% of the victims are from the age category of 18-30 years. In almost 94% of the rape cases, the accused is known to the victim.
  • 16. • In 2020, when the entire world is suffering from the Covid-19 pandemic, India has announced a nation-wide lockdown from March, 2020. Amidst this lockdown, India witnessed an increase number of reported crimes against women. According to the National commission for Women (NCW), a total number of 2,043 complaints of crimes against women have been received in the month of June, which is the highest number in the last eight months. • While the rape cases in India have decreased due to the nation-wide lockdown, the numbers of domestic violence have significantly increased. Marital rapes are not recognized in India. If it has been so recognized, then the statistical scenario would be different. These kinds of offences are now dealt under the umbrella of domestic violence.
  • 17. CRIME AGAINST WOMEN: CAUSES • Social causes • Personal and Psychological issues • Legal issues
  • 18. PROTECTION OF WOMEN VICTIMS • UN CONVENTIONS • LAWS RELATED TO WOMEN (INDIAN LEGISLATIONS) -WOMEN SPECIFIC LEGISLATIONS -WOMEN RELATED LEGISLATIONS • INDIAN JUDICIARY
  • 19. SOLUTION • Proper Legal awareness • Primary level education • Ethical and moral social conduct • Reconstruction of society • Proper implementation of law • Stringent provisions • Active Judiciary
  • 20. 4. FEMALE OFFENDERS In India, the problem of criminality lies in various social factors. Noticeably economic downgrade, poverty, unemployment, broken homes, family issues, societal ignorance are the primary reasons for boosting the criminal behavior.
  • 23. 5. PRISON STATISTICS IN INDIA The Honorable Supreme Court has stated while affirming the basic rights of the prisoners, “there could be several factors that lead a prisoner to commit a crime but nevertheless a prisoner is required to be treated as a human being entitled to all the basic human rights, human dignity and human sympathy.” The Supreme Court of India directed the Ministry of Home Affairs and the state governments to implement “The National Model Prison Manual 2016”; it is an important document in regard to the basic rights of women prisoners. The Mulla Committee has also recommended a “National Commission for Prisons” , to provide national perspective on prisons and became a central body for the same.
  • 24. STATISTICS OF WOMEN PRISONERS IN INDIA According to the data collected by the National Crime Records Bureau (NCRB) in 2019, there were a total number of 4,72,992 Indian inmates in various jails in India out of which 19,081 were female. The highest numbers of inmates are from the state of Uttar Pradesh, followed by Madhya Pradesh and then Bihar. From 2015 to 2019, there was a slight increase in the numbers of female offenders. Though it is negligible, still it is a rising number. In India less than 4.1% of the total prisoners are female offenders.
  • 25. PROBLEMS & ENTITLEMENTS • PRISON STAFF • ACCOMMODATION • SANITATION & HYGIENE • HEALTH • NUTRITION • EDUCATION • SKILLING & VOCATIONAL TRAINING • LEGAL AID • VIOLENCE • CONTACT WITH THE OUTSIDE WORLD • CHILDREN • RE-INTEGRATION IN SOCIETYAFTER RELEASE
  • 26. METHODS FOR RESOLUTION Adoption and implementation of “The National Model Prison Manual, 2016” by the states Establishment of “National Prison Commission for Women” Regular & Thorough Inspection of Prisons Establishment of Grievance Redressal System Proper medical assistance for Pregnancy & Childbirth in Prison. Welfare of Children of Women Prisoners. Better Living Arrangements Improvement of Health & Nutrition Better Education, Skilling & Vocational Training Facilities. Addressing Violence Legal Aid & Awareness Recruitment of Adequate Staff Re-Integration Measures & After-Care Programme
  • 27. 6. CONCLUSION The main objective of feminist criminology is to break the androcentric view and bring a gender neutral concept in criminology. Feminist criminology is all about recognizing the female researchers in the field of criminology, preventing and providing protection to the female victims of crime and identifying the various causes behind female criminality and providing better rehabilitation process in the prison system. Various conventions, laws, judgments, recommendations were made and introduced to eradicate the above issues but in reality the same is not properly implemented. The numbers of female victims are 20 times higher than the number of female offenders. It does not mean to ignore the female criminality. Female criminality is a growing concept which should not be ignored. But due to our socio-economic conditions, the primary focus is stuck on the female victimization. While enacting numerous legislations for the protection and welfare of female victims, the courts and legislatures have ignored the presence of male victims in the society. They have ignored the very purpose of feminist movement which is gender equality. We cannot ignore that fact that women needs special protection due to the socio-economic conditions of the society and the large scale crimes committed against them, but then we must not ignore the fact of male victims in the era of 21st century, where gender is just a word and crime is gender neutral.
  • 28. “I measure the progress of a community by the degree of progress which women have achieved” -B.R. Ambedkar Thank You