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HOW THE CRIMINAL JUSTICE SYSTEM CAN SERVE WOMEN BETTER

Relevance: GS2 – Government policies and interventions for development in various sectors and issues arising out of their design and implementation

Tags: #IPC #CrPC #EvidenceAct #CriminalJusticeSystem #GenderBias #GS2 #UPSC

Why in the News?

The government plans to replace key criminal justice laws—IPC, CrPC, and IEA—with three proposed Bills: Bharatiya Nyaya Sanhita (replacing IPC), Bharatiya Nagarik Suraksha Sanhita (replacing CrPC), and Bharatiya Sakshya Bill (replacing IEA).

Problems with the criminal justice system

• Inaccessible, Inefficient, Discriminatory System:
  • The need for a criminal justice system that is accessible, efficient, and free from discrimination based on caste, creed, gender, or religion.
  • Advocates for systemic improvements to address the root causes of disparities.
• Flawed functioning: Emphasises the importance of a functional system over the creation of new codes and procedures with innovative titles. Advocates for an accessible and non-discriminatory criminal justice framework.
• Challenges in Accessing Justice: Police stations are overwhelmed with public order and VIP duties, hindering citizen access. Court procedures and trial delays pose significant obstacles for individuals seeking justice.
• Prosecutorial Disparities: Overworked and underpaid prosecutors face challenges against well-funded defense lawyers. Resulting in a less than 60% conviction rate, showcasing systemic weaknesses.
• Outdated Forensic Infrastructure: Forensic laboratories equipped with obsolete technology, impacting the quality of investigations. Inadequate resources hinder the pursuit of justice and accurate evidence presentation.
• Impact on Incarceration Rates: Slow trial progression leads to overcrowded prisons. Prolonged detentions for individuals with pending cases, highlighting systemic inefficiencies.
• Victim’s Perspective: Examining the position of crime victims within the convoluted justice system. Addressing concerns about the impact of the slow system on victims seeking resolution.

Gender Dynamics in the Justice System:

• Encouraging women’s representation in the police and justice system. Despite progress, women constitute only around 12% of the police force.
• Roles of Women in Justice Professions: Increasing presence of women as prosecutors, forensic scientists, and judicial officers. Ongoing efforts to enhance gender diversity in key roles within the justice framework.
• Unwelcoming Police Stations: General lack of citizen-friendliness in police stations. Women, in particular, exhibit reluctance to enter police stations, leading to the creation of All-Women Police Stations (AWPS).
• Legal Challenges for Women Complainants: Identifies financial constraints as a barrier, making women “less likely to afford lawyers.” Highlights the difficulties women face in managing in-person follow-ups, especially when required to travel long distances for multiple court hearings.

Study Findings on Gender Discrimination:

Recent research titled ‘Does Victim Gender Matter for Justice Delivery? Police and Judicial Responses to Women’s Cases in India’ by Nirvikar Jassal’ reveals pervasive multi-dimensional discrimination against women in the Indian justice system.

• Women experience differential treatment compared to men at all justice system levels. The research, focused on Haryana, reveals gender disparities in the treatment of women within the criminal justice system.
• Delays in Case Registration:
  • Women face prolonged waiting times when registering cases at police stations, contrasting with faster processing for men.
  • Accompanying a male person expedites the registration process for women.
• Investigation Disparities:
  • Crimes with female complainants experience delayed investigations.
  • Police register fewer cases filed by women, particularly those involving violence against women (VAW).
• Court Outcomes for Women Complainants:
  • Higher rates of court dismissals and trial delays in cases where women are complainants.
  • Increased acquittals and a lower conviction rate for offenses reported by women.
• Research Focus on Complaint Types:
  • Study differentiates between complaints related to violence against women (VAW) and general crime.
  • Women complainants face challenges in obtaining justice, with a lower likelihood of the accused being imprisoned for either type of complaint.
• Serious Implications:
  • Despite the limited sample, the study underscores serious issues within the justice system. Recognition that the problems identified may vary across states, emphasizing the gravity of the highlighted concerns.

Gender Inclusive Justice system

• Establishment of All-Women Police Stations: Establishment of AWPS emerged from strong reservations about traditional police stations. Originally created to address women’s hesitancy to engage with standard police facilities.
• Acceptance of Women in Police Stations: Increasing acceptance of women’s presence in every police station rather than exclusive reliance on AWPS. Reservation policies in nearly all states reflect a shift towards mainstreaming women in law enforcement.
• Special Courts for Crimes Against Women: Recognition of the need for expeditious justice in crimes against women. Establishment of special courts dedicated to the swift resolution of cases involving violence or crimes against women.
  • Sessions Courts for Women-Related Crimes: Attributes the extended duration of investigations and trials in women-related crimes to their adjudication at sessions courts. Acknowledges the inherent complexity of these cases, requiring more time for thorough examination.
• Recruitment Strategies for Gender Sensitivity: Advocates special recruitment drives to increase the representation of women in police stations. Acknowledges the potential for greater sensitivity in addressing complaints involving women.
• Reservation Initiatives: Reservation policies implemented to ensure increased representation of women in police stations. Reflects an effort to create a more inclusive and gender-sensitive justice system.
  • Challenges in Achieving Reservation Targets: Recognizes the current recruitment policies’ slow progress towards the 33% reservation target for women in police forces. Emphasizes the urgency of accelerating efforts to address gender imbalances.
• Role of the State in Case Follow-up: Advocates state intervention in creating effective monitoring systems. Aims to eliminate the need for complainants, especially women, to be physically present for repeated follow-ups, ensuring equitable access to justice.
• Remove Gender-specific barriers: Calls for state initiatives to level the playing field, ensuring women receive justice comparable to male complainants. Emphasizes the importance of systemic changes to address gender-specific barriers within the legal process.

Reforms in Criminal Justice system

• Policy Implementation:
  • Emphasizes that policymakers must extend their focus beyond providing access to women in the criminal justice system.
• Gender-Sensitive Training
  • Stresses the importance of ensuring prompt and serious investigation of women’s cases from the FIR stage through the trial process.
• Equal Treatment Across Genders:
  • Calls for equal attention to cases irrespective of the gender of the complainant, including LGBTQ individuals.
  • Advocates close monitoring to eliminate gender-based disparities at various stages of the criminal justice system.
• Resource Allocation Over Procedural Changes:
  • Argues against the need for new codes and procedures, emphasizing the importance of sufficient human resources.
  • Calls for increased numbers of police officers, prosecutors, forensic experts, and judicial officers with adequate resources.
• Importance of Rigorous Research:
  • Acknowledges the need for rigorous research capabilities to correct and improve the system. Emphasizes the role of research in preventing “multi-dimensional discrimination” and shaping effective policy reforms.
• Community Awareness Programs:
  • Launch awareness campaigns to educate communities about women’s rights, available legal remedies, and the importance of reporting crimes promptly.
• Technology Integration:
  • Integrate technology to streamline the reporting process, facilitate online filing of complaints, and enhance communication between victims, law enforcement, and the legal system.
• Intersectional Approach:
  • Consider the intersectionality of issues, recognizing that women from marginalized communities may face additional challenges, and tailor reforms to address their specific needs.

Source:

https://indianexpress.com/article/opinion/columns/a-gender-blind-justice-9024204/

Mains Question

Examine the gender disparities within the criminal justice system that disproportionately affect women. Suggest reforms to address these discriminatory challenges. (250 words)