ABSTRACT
Gender bias in the criminal justice system is a growing concern, particularly in a diverse and evolving society like India. This research explores the multifaceted role of gender bias in sentencing and policing, shedding light on how entrenched stereotypes and systemic disparities influence legal outcomes. It traces the historical roots of gender roles within the Indian justice system, examining their colonial and socio-cultural origins, and how these continue to shape perceptions of men, women, and marginalized genders. The research delves into gender-based disparities in law enforcement, highlighting the underrepresentation of women in police forces and the gender insensitivity in handling cases. Furthermore, it critically analyzes judicial decisions, where stereotypes often lead to leniency towards women or harsher judgments for men, while marginalized genders remain overlooked. Through judicial perspectives and statistical trends, the article underscores the broader societal implications of gender bias, such as the perpetuation of patriarchal norms and the marginalization of genuine victims. To address these challenges, the research advocates gender-neutral laws, comprehensive training for law enforcement and judicial officers, increased representation of women and LGBTQ+ individuals in the system, and the pivotal role of civil society and media in driving change. By tackling gender bias, India can move closer to a more equitable and inclusive criminal justice system that upholds the principles of fairness and justice for all.
Keywords: Gender Bias, Criminal Justice, Sentencing Disparities, Gender Stereotypes, Judicial Decisions, Women in Law Enforcement, Victim Marginalization
INTRODUCTION
The criminal justice system serves as the cornerstone of an organized and functional society, embodying the principles of fairness, accountability, and deterrence. It is designed to ensure that laws are upheld, and justice is dispensed impartially, safeguarding individuals’ rights while maintaining societal equilibrium. This system is predicted on the foundational premise that wrongdoings must be redressed, offenders must be held accountable, and future misconduct must be deterred through a transparent and equitable process. The integrity of this system is critical for cultivating public trust in governance and fostering a sense of security.[1] However, when systemic inequities infiltrate their mechanisms, the very ideals of justice, impartiality, fairness, and accountability, are compromised, threatening to erode social order. As John Rawls eloquently articulated in A Theory of Justice, justice is “the first virtue of social institutions”, a testament to its centrality in upholding harmony and equity.[2] Yet, societal prejudices, when reflected in the criminal justice system, disrupt this equilibrium and perpetuate cycles of inequality.
One pervasive manifestation of such prejudice is gender bias, which profoundly influences legal processes and outcomes. Gender bias in the criminal justice system arises from entrenched stereotypes and societal constructs surrounding gender roles. These biases manifest in differential treatment of individuals based on their gender, shaping how laws are enforced, how crimes are prosecuted, and how sentences are determined. For example, women are frequently perceived as passive or non-threatening, which often results in more lenient sentencing, while men are stereotyped as aggressive or violent, leading to harsher penalties irrespective of the circumstances. Similarly, members of the LGBTQ+ community face systemic discrimination, their experiences often dismissed or trivialized within the judicial framework. Such inequities not only undermine the ideals of fairness but also perpetuate harmful stereotypes, reinforcing societal hierarchies and eroding public confidence in the justice system. As Simone de Beauvoir insightfully observed in The Second Sex, “One is not born, but rather becomes a woman,” a reflection on how societal constructs shape perceptions of gender, a concept that remains strikingly relevant in the examination of criminal justice systems worldwide.[3]
In India, the socio-cultural milieu compounds the issue of gender bias within the criminal justice system. Rooted in centuries-old patriarchal norms, Indian society continues to adhere to rigid expectations surrounding gender roles, often relegating women and marginalized genders to subordinate positions. These cultural constructs influence not only societal attitudes but also institutional frameworks, permeating every level of the justice system. Despite constitutional guarantees of equality under Articles 14, 15, and 21, as well as progressive legislations such as the Protection of Women from Domestic Violence Act, 2005, systemic gender biases remain entrenched. The absence of gender-neutral provisions in key legal statutes frequently leaves male and LGBTQ+ victims without adequate avenues for redressal, perpetuating cycles of marginalization and inequality. This is evident in judicial interpretations and procedural norms that often fail to account for diverse experiences of gendered harm.[4]
Contemporary instances underscore the urgent need for reform. For example, the 2019’s Hyderabad gang rape case, which garnered widespread public outrage, revealed deep-seated societal and institutional biases. While the extrajudicial killing of the accused by law enforcement was lauded by some as an act of swift justice, it simultaneously exposed the influence of gendered narratives on due process and the rule of law. Such incidents highlight the complex interplay of societal pressures and institutional shortcomings in addressing gendered violence, raising critical questions about the efficacy and fairness of the criminal justice system. As bell hooks aptly noted, “Patriarchy has no gender,” a reminder that systemic bias is not limited to one gender but is rooted in broader societal constructs that perpetuate inequality across all genders.
To dismantle these biases, it is imperative to adopt a multifaceted approach that addresses both institutional frameworks and the cultural paradigms underpinning them. Legal reforms must prioritize gender neutrality and inclusivity, ensuring that all victims of crime, irrespective of gender, receive equitable protection and redress. Simultaneously, there is a need to challenge and transform societal attitudes that perpetuate stereotypes and normalize discrimination. Education, sensitization programs for law enforcement and judicial officers, and robust accountability mechanisms are essential to fostering a justice system that truly embodies the principles of fairness and equity. Only by addressing these deep-seated issues can the criminal justice system fulfill its mandate of delivering impartial and equitable justice, reinforcing its role as the bedrock of a harmonious and just society.[5]
[1] Zane A. Umsted, Deterring Racial Bias in Criminal Justice through Sentencing, 100 IOWA L. REV. 431 (November 2014).
[2] D. J. Bentley, John Rawls: A Theory of Justice, 121 U. PA. L. REV. 1070 (May 1973).
[3] Michael Conklin, #MeToo Effects on Juror Decision Making, 11 CALIF. L. REV. ONLINE 179 (2020-2021).
[4] Aastha Borker, Criminology Understanding: An Early Step towards Criminal Justice for India, 4 JUS CORPUS L.J. 739 (March-May 2024).
[5] Kimani Paul-Emile, Reconsidering Criminal Background Checks: Race, Gender and Redemption, 25 S. CAL. INTERDISC. L.J. 395 (Spring 2016).