ABSTRACT
This paper addresses this trend of female offenders in contrast to a criminological background and dispels the old stereotype of women being passive in the committance of crime. Traditionally, crime has been perceived as male domain where women are normally viewed as less assertive or morally superior or only commit crime when the situation or need pushes them to do so. These gendered assumptions are highly scrutinized in this study through an exploration of the social, economic and psychological determinants of female criminality. It talks about the fact that the participation of women into crime and the reaction to their participation on the part of the society is stipulated by the patriarchal norms, structural inequalities and gender roles. The paper also evaluates how the female offenders are portrayed within the law discourse as well as within the media discourse and how prejudices still tend to demonize or victimize them. The research intends to break down the myth of female non-violence and the concept of non-criminal agency of women, where recent criminological theories and case studies are used to clarify the reasoning behind female crime committed by women. Lastly, the study needs to be used in order to render criminal justice policies gender sensitive and develop a balanced criminological theory.
KEYWORDS: Female Criminality, Gender Stereotypes, Women Offenders, Criminological Analysis, Patriarchal Bias in Justice.
INTRODUCTION
The history of humanity has always recognized the woman as the prop of a family and society in general. A woman is considered as the protector of social norms, traditions, customs, morals and family unity especially in India. The contemporary society has expanded the role of a woman to the formation of self-identity in addition to taking care of her family. It is a pity that in the current social, cultural, economic and political environment in India, the activities of women in the criminal sphere are on the rise. As more women engage in committing crimes against women, the inclination of women towards committing crimes is also on the rise. It has even gone to an alarming extent where all professionals, who have the social responsibility to assist in minimizing the illegal activity, have had to focus on the key issues that have seen women engaging themselves in the illegal activity in larger proportions. “Theoretically this is how Female criminality is complex; less understandable and easier to control. The social environment plays an important role in the formation of female offenders[1].
The demands of the individual are now free at this stage of economic liberalisation and modernity; he wants to obtain everything comforts as soon as possible. Since this change of mentality of the people, the number and seriousness of crimes are bursting without stopping all over the world today. The number of crimes being perpetrated by women as well as men is on the rise. Women are considered the backbone of family and thus their participation in crime is certainly an issue of concern[2].
Deviation is the basis of crime. Every society consists of some people and communities which do not subscribe to social ideals. Besides Murder, Kidnapping, Robbery, Theft, Dacoity, Drug Addiction, Gambling, Rape among others are other forms of crimes seen under social perspective. Such behaviors that do not conform to the current ideals of society in the name of fashion or new lifestyle are rampant.
The name of crime is not given to them directly by society with an indirect approval the crimes are promoted, and such crimes are slowly manifested in heinous forms.Therefore, the responses that society will take towards deviance are not consistent. The concept of deviation is as old as humankind. Deviation never ceased to exist in all ages, and society has been making arrangements towards avoiding it. In common sense deviation is to wander off the mainstream of society. Thus, ‘deviation’ includes those activities which are other than the norms and expectations of a particular social group. Even failing to call out-of-the-box behaviour as such that can be called deviation would not be a mistake. In the case of this behaviour, the individual can be punished and found guilty. Deviations would also entail those acts that are outside the norms and expectations of the given society but are usually tolerable and acceptable. It is an American sociologist, Marshall Barron Clinard, who has proposed a definition of the term deviation be relevant to cases where behaviour goes beyond the social norms towards the opposite extreme of un-acceptability[3].
Clinard has incorporated the use of drugs that are prohibited, prostitution, madness, suicide, alcoholism and homosexuality etc in his definition. In this respect too, it is vital to realize that they are deviated relatives and assessed against some parameters[4]. It varies according to the time and place. What can be considered as a deviation in a society may be considered as a normalcy in another society in the future. This is because of divergence which is based on the culture and the culture varies as time goes by and any society is defined by a given culture[5].
[1]P.M.K. Mili and Neethu Susan Cherian, “Female Criminality in India: Prevalence, Causes and Preventive Measures” 10(1) International Journal of Criminal Justice Sciences 89 (January–June
[2]Marshall B. Clinard, “Contributions of Sociology to Understanding Deviant Behaviour” 3(2) The British Journal of Criminology 110-129 (October, 1962).
[3]Macionis and John Linda Gerber, ‘Sociology’ 200 (Ontario: Pearson Canada Inc. 7th Ed., 2010)
[4]A.S. Hornby, Oxford Advanced Learner’s Dictionary 1794-95 (Oxford University Press, 9th Ed. 2015).
[5]R. Paternoster and P. Mazerolle, “General Strain Theory and Delinquency: A Replication and Extension”, Journal of Research in Crime and Delinquency (1994).