• UGI USER
  • Nov 13, 2023
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Q Examine the gender disparities within the criminal justice system that disproportionately affect women. Suggest reforms to address these discriminatory challenges. (250 words)

Structure of Answer

 

Introduction

·       Mention the issue of gender disparities within the criminal justice system

Body

·       Mention the reasons of Gender Disparities in the Criminal Justice System, give examples

·       Mention Reforms to Address Gender Discrimination, write Malimath committee recommendations.

·

Conclusion

·       Mention addressing gender disparities in the criminal justice system requires a holistic approach.

 

Ans-

India’s criminal justice system, while aiming to uphold justice and protect the rights of all citizens, often falls short in addressing gender disparities that disproportionately affect women. These disparities manifest throughout the criminal justice process, from policing and arrest to sentencing perpetuating a cycle of marginalization and hindering women’s access to fair and equitable treatment.

Gender Disparities in the Criminal Justice System

  • Discrimination in Police Response: Bias in police response, including delayed action or reluctance to file cases. Example: Police officers trivializing complaints or showing insensitivity.
  • Delays in Trials: Investigation and trials of cases with women complainants take more time, impacting timely justice. Sessions courts handling serious cases contribute to the time-consuming
  • Underreporting of Crimes: Women often hesitate to report crimes due to fear, societal stigma, or inadequate support. Example: Cases of domestic violence or sexual assault underreported.
  • Acquittals and Lower Conviction Rates: More court dismissals, delays, and lower conviction rates observed in cases with women as complainants. Women’s challenges, including financial constraints and domestic responsibilities, contribute to these outcomes.
  • Underrepresentation in the Justice System: Limited representation of women in the police force, judiciary, and legal professions perpetuates gender disparities. Underrepresentation affects the sensitivity of the system to women’s issues.

Reforms to Address Gender Discrimination

  • Special Recruitment Drives: Urgent implementation of special recruitment drives to increase women’s representation in police stations. Striving to achieve the 33% reservation target can enhance gender sensitivity.
  • Policy Measures beyond Access: Emphasizing that policy efforts extend beyond granting access to women, focusing on efficient investigation and trial stages. Policies must address systemic biases and promote gender-neutral practices.
  • Increased Resources: Urgent allocation of increased resources, including recruiting more officers, prosecutors, and forensic experts.
  • Sensitivity Training: Mandatory sensitivity training for all personnel within the criminal justice system to address gender biases. Training programs should foster a more inclusive and unbiased approach to cases involving women.
  • Fast-Track Courts: Establish fast-track courts for cases involving crimes against women to expedite justice. Malimath Committee Report (2001) recommended the creation of special women’s courts to provide faster and more sensitive justice for women.

Addressing gender disparities in the criminal justice system requires a holistic approach. Reforms should tackle barriers at police stations, expedite investigations, and ensure equal treatment in court. Special recruitment drives, monitoring systems, and policy adjustments are crucial. Recognizing the multi-dimensional nature of discrimination is essential for creating a more accessible, unbiased, and gender-sensitive justice system.