Abstract

Gender disparity in criminal justice system refers to differences in treatment,

sentencing and outcomes based on gender. This study examines gender-based discrimination
and inequality within the criminal justice system. It aims to identify potential biases in
sentencing, courtroom practices, decision making by law enforcement, and responses from
these agencies. While men have higher incarceration rates due to committing more crimes
statistically, the study delves deeper. It explores the reasons behind the disproportionate use of
capital punishment for men compared to women. Here, it goes beyond simply stating men
commit worse crimes. The study suggests additional factors may be at play, such as women's
perceived ability to express remorse and the influence of gender stereotypes. The research
identifies the lack of education as a primary cause of gender disparity in the system. Poverty
and unemployment are also highlighted as contributing factors. The study concludes that
gender disparity demonstrably exists within the Indian criminal justice system. It further
suggests that this disparity may influence crime rates.
 TABLE OF CONTENTS

Acknowledgement

Abstract

List of Figures

1. Introduction……………………………………………………………………. 1

1.1 Criminology………………………………………………………….……. 1

1.2 Importance of Criminology………………………………………………. 1

1.3 Criminal Justice System……………………………………………………2

1.4 Gender Disparity………………………………………………………..... 3

1.5 Gender Disparity in Criminal Justice System…………………………..... 4

1.6 Gender Disparity In Indian Criminal Justice System…………………..... 5

2. Literature Review……………………………………………………………… 8

3. Methodology……………………………………………………………………. 15

3.1 Aim………………………………………………………………………… 15

3.2 Objectives…………………………………………………………………. 15

3.3 Sampling Procedure……………………………………………………..... 15

3.3.1 Sample Design……………………………………………………… 15

3.3.2 Sample Size…………………………………………………………. 15

 3.3.3 Period of Data Collection…………………………………………... 15

3.3.3 Procedure…………………………………………………………… 15

4. Result and Discussion…………………………………………………………. 16

5. Conclusion………………………………………………….............................. 25

Reference…………………………………………………………………….…. 26
 LIST OF FIGURES

Figure 1 Percentage of people who got punishment by the violation of 16

legal rules.

Figure 2 Percentage of people who have sentenced to imprisonment for 16

committing offenses.

Figure 3 Percentage of gender in victimization. 17

Figure 4 Percentage of people who have spent time in jail, prison or 17

juvenile detention centres.

Figure 5 Percentage of gender who commit crimes. 18

Figure 6 public opinion on gender bias in criminal law. 18

Figure 7 public opinion on the cause of gender inequality in India. 19

Figure 8 Incarceration rate based on gender. 19

Figure 9 public opinion why men get capital punishment more often. 20

Figure 10 Public opinion on will considerations provided to women 21

make them to commit more offenses.

Figure 11 Public opinion on the misuse of considerations provided to 21

women by men to commit more offenses.

Figure 12 Public opinion on the treatment of women in the criminal 22

justice system.

Figure 13 Public opinion on access to justice for crime victims. 22

Figure 14 Public opinion on why women treated unfairly before the law. 23
Figure 15 Public opinion on the influence of gender inequality in crime. 24
 1. Introduction

1.1 Criminology

Criminology is the study of crime, criminals, criminal behavior, and the criminal
justice system. It examines why crimes occur, hoe they can be prevented, and how offenders
should be treated and punished. Certainly criminology delves in to various aspects of crime
and its implications. Firstly it seeks to understand the root causes of criminal behavior,
exploring factors such as social, psychological, economic and environmental influences that
contribute to individuals engaging in illegal activities. Additionally criminologists study the
patterns and trends of crime, analyzing data to identify hot spots, demographics and societal
factors that correlate with criminal activity. Moreover criminology evaluates the effectiveness
of crime prevention strategies, ranging from community policing initiatives to rehabilitation
programs aimed at reducing recidivism. Furthermore it examines the functioning of the
criminal justice system, assessing its fairness, efficiency and impact on society. Overall
criminology plays vital role in shaping policies and interventions aimed at promoting public
safety and reducing crime rates.

1.2 Importance of Criminology

Criminology delves into the causes and motivations behind criminal behavior. By
examining factors such as socioeconomic conditions, psychological traits and environmental
influences, it helps to identify patterns and drivers of crime. Criminological research provides
valuable insights for policy makers and law enforcement agencies. It helps in designing
effective crime prevention strategies, shaping criminal justice policies and allocating
resources to areas with the highest crime rates. By studying the root causes of crime,
criminologist contribute to the development of proactive measures to prevent criminal
behaviour. This can include community policing initiatives, early intervention programs for at
risk individuals and targeted interventions in high crime neighbourhoods. Policymakers rely
on criminological research to develop evidence based policies aimed at reducing crime rates
and promoting public safety. This includes policies related to sentencing, rehabilitation,
community policing, and the prevention of juvenile delinquency.

Criminology promotes a deeper understanding of the impact of crime on victims,

offenders, and society as whole. By advocating for fair and just treatment within the criminal
justice system, criminologists play a crucial role in protecting human rights and ensuring

1
equal access to justice for all individuals. Criminologists research provides valuable insights
in to the social and economic costs of crime, including its effects on communities, business
and public health. This information helps the policy makers prioritize funding and resources
for crime prevention efforts and allocate resources where they are most needed. Overall
criminology serves as an interdisciplinary field that contributes to our understanding of crime
and its consequences, while also providing practical solutions for building safer and more
resilient communities.

1.3 Criminal Justice System

The criminal justice refers to the institutions, policies and practices that are in place to
maintain social order and control crime. It includes law enforcement agencies, courts,
correctional facilities and various support services. Its main goals are to deter crime, punish
offenders, protect the innocent and uphold the rule of law. The criminal justice system is a
multifaceted structure encompassing various institutions, policies and practices aimed at
maintaining social order and addressing criminal behaviour. At its core are law enforcement
agencies responsible for investigating crimes and apprehending suspects. Courts play pivotal
role in interpreting laws, conducting trials and delivering verdicts, while correctional facilities
house convicted individuals and oversee rehabilitation programs. Legal professionals,
including judges, prosecutors and defense attorneys ensure fair and just proceedings within
the legal system. Additionally support services such as forensic laboratories and victim
advocacy groups provide essential assistance throughout the criminal justice process. Despite
its fundamental role in upholding the rule of law, the system faces numerous challenges,
including issues of racial disparities, overcrowding in prisons, and debate over the
effectiveness of punitive versus rehabilitative approaches . Controversies surrounding police
conduct, sentencing practices, and the treatment of marginalized communities underscore the
ongoing need for reform and improvement within the criminal justice system.

The criminal justice system is a complex network of institutions and procedures

designed to address criminal behaviour within the society. One crucial aspect is law
enforcement, which encompasses a variety of agencies tasked with investigating crimes,
maintaining public safety, and apprehending suspects. These agencies including local police
departments, federal law enforcement agencies and specialized units, work tirelessly to
uphold laws and protect communities. Court serve as the next stage in the criminal justice
process, where legal proceedings take place to determine guilt or innocence and administer

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appropriate punishments. Appellate courts provide a mechanism for reviewing decisions
made at the trial level, ensuring that legal standards are upheld and constitutional rights are
respected. In addition to the core components of law enforcement, courts, corrections and
support services, the criminal justice system involves various ancillary elements that
contributes to its functioning and effectiveness. One such element is forensic science, which
plays a crucial role in the investigation and prosecution of crimes. Forensic technique
including DNA analysis, fingerprinting, ballistics and toxicology, provide valuable evidences
in criminal cases and help to establish guilt or innocence of suspects.

Finally, technological advancements have transformed various aspects of the criminal

justice system, from digital evidence collection and analysis to electronic monitoring and
surveillance techniques. The use of data analytic, artificial intelligence, and predictive
modelling tools has the potential to enhance law enforcement effectiveness, improve judicial
decision making and streamline correctional process. However, concerns about privacy rights,
algorithmic bias and the ethical use of technology in criminal justice contexts continue to be
debated and scrutinized.

1.4 Gender Disparity

The reasons or contributing factors (such as poverty, traditional and cultural practices)
behind the gender gap in education (and in other public areas) for girls in comparison with
boys. Generally, gender disparities persist in enrolment and retention rates for girls at all
levels in education. In a few countries, boys' enrolment and retention rates are lower than
girls' at some levels of education. Differences in women‘s and men‘s access to resources,
status and well-being, which usually favour men and are often institutionalized through law,
justice and social norms. It can manifest in forms, including wage gaps, limited access to
opportunities and discrimination based on gender identity or expression. Gender disparity
encompasses a wide range of inequalities between gender, spanning across various spheres of
life. One significant aspect is economic disparity, where women often face lower wages and
fewer opportunities for career advancement compared to their male counterparts, contributing
to gender wage gap. This gap can be attributed to factors such as occupational segregation,
where certain industries are dominated by one gender, and discrimination in hiring and
promotion practices.

In addition, gender disparities can manifest in different ways. Historically girls have
faced barriers to accessing education in some societies leading to lower literacy rates and

3
limited opportunities for higher education and professional development. While progress has
been made in many places to address this issue, disparities still exit in certain fields of study
and academic achievement levels. Healthcare is another area where gender disparity is
evident. Women may encounter challenges in accessing reproductive healthcare services,
including family planning and maternal healthcare, leading to disparities in maternal mortality
rates. Additionally gender biases in medical research and treatment can result in the diagnosis
and treatment of certain health conditions between women and men. Discrimination and
violence against individuals based on their gender identity or expression further exacerbate
disparities and undermine efforts towards gender equality. Addressing gender disparity
requires comprehensive strategies that challenge ingrained societal norms, promote equal
access to opportunities and resources and advocate for policies that support gender equality in
all aspects of life.

1.5 Gender Disparity in Criminal Justice System

Discrimination of many types exists in our country. Discrimination is based on colour,

race, caste, sex, and other factors. Discrimination based on gender is not a new concept.
Gender discrimination disadvantages women because they do not have equal possibilities as
men, such as promotion in the workplace, independence, and so on. Discrimination of many
types exists in our country. Discrimination is based on colour, race, caste, sex, and other
factors. Discrimination based on gender is not a new concept. Gender discrimination
disadvantages women because they do not have equal possibilities as men, such as promotion
in the workplace, independence, and so on. Prosecutors and judges have distinct approaches
to men and women accused of a crime when it comes to men they are considerably stricter
than when it comes to women. Because the number of female criminals is lower, men must
do more time in prison for the same offense. The arrests, pretrial treatment, and sentencing of
female criminals are all influenced by racial disparities.

Gender-based discrimination in the criminal justice system creates significant

obstacles to achieve access to justice for all. This problem disproportionately affects women,
who face still face significant barriers in accessing justice, whether they are victims,
witnesses, alleged offenders or prisoners. Criminal justice systems tend to focus on the needs
of a predominantly male population of offenders and prisoners, although the global number of
women in prison is growing at a faster rate. gender-based discrimination is based on gender
stereotypes, stigma, harmful and patriarchal cultural norms and gender-based violence, all of

4
which adversely impact on the ability of women to gain access to justice on an equal basis
with men. While women often relate to criminal justice systems as victims of crime, recent
trends indicate that a growing number are featuring as suspects, accused and prisoners. The
percentage of women in prison is growing globally and at a faster rate than the male prison
population. While the global prison population grew by approximately 21 per cent from 2000
to 2016, that of imprisoned women and girls grew by 53 per cent during the same period
(Walmsley, 2017). Such a dramatic increase, in less than two decades, in the number of
women and girls in prison worldwide, raises questions about criminal codes, the functioning
of criminal justice systems, and socioeconomic factors affecting crime rates.

A nation's laws can be divided broadly into two categories: private law and public law.
Public law is concerned with the enforcement of the rights and duties of the State towards the
citizens as well as the rights and duties of individuals against the State, whereas private law is
enforced by civil jurisdictional courts and deals with the rights and duties of individuals
towards each other. The principles of common law, civil law, socialist law, and law based on
religion are all present in both private and public law. So, based on gender, the laws of both
private and public law established various restrictions for men and women. Therefore,
discrimination that led to gender disparity was a direct effect of the laws that originated in
customary laws or laws found in early legal sources. However, circumstances changed, and
the gender inequality brought on these old rules was despised. This caused the concept of
gender justice to emerge on the societal scene.

1.6 Gender Disparity In Indian Criminal Justice System

Women have been an object of ill-treatment all across the world for ages. Due to the
patriarchal setup in our country, women have faced discrimination, oppression, and violence
at the hands of society. Male and female offenders are not treated equally in India and judges
take into account the social and cultural biases while sentencing if a female is convicted.
Judges across the world have shown leniency while trying women offenders as they are aware
that women have been fighting gender inequality and this might be an outcome of their
protest against the deep-rooted bias they face in every sphere of life. Even the Supreme Court
of India has opined that in our country gender is a relevant circumstance taken into
consideration while deciding the quantum of punishment to be given to female criminals.

5
 During trials, women may face biases from judges, lawyers and juries, which can
impact the outcome of their cases. Stereotypical attitudes about women‘s credibility and
behaviour may influence judgments, resulting in lenient treatment of perpetrators or victim
blaming. Additionally women from marginalized communities, such as Dalit, Adivasis and
religious minorities, face intersecting forms of discrimination, further exacerbating their
vulnerability within the criminal justice system. In terms of sentencing, there is evidence to
suggest that women are always treated more harshly than men for same offenses. This
discrepancy may stem from ingrained notions of gender roles and expectations, where women
are judged more harshly for deviating from societal norms of femininity and morality.
An analysis of the Supreme Court cases throws light over the fact that it has been
conceptualizing and assigning gender roles in a society where a woman is considered to be
the foundation of a family. She is expected to follow all the social traditions, customs, and
norms, be submissive, passive, and compassionate just to maintain the family as a unit. This
has also been used to mitigate a woman‘s liability of a crime and justify the low female
criminality rate as compared to men. There are various reasons to explain the logic behind
this pattern. One can be that the court is being too chivalrous and is stuck to a stereotype
which portrays that women need protection. There is a high possibility that as a consequence
of this discretionary power in sentencing women offenders, the judiciary might come off as
misogynistic, outdated, and stuck in the archaic assumptions of women as a weaker sex in
general. The other side of the coin can be that the judiciary must take into account the
circumstances in which the woman might have committed the crime and the negative effects
of sentencing her on her family. This is a very subjective standard to determine the liability
and sentence as compared to the objective standard of criminal law where the sentence is
awarded based on the seriousness of the crime.
Addressing gender disparity in Indian criminal justice system requires systemic
reforms, including sensitization training for law enforcement officials, judges, and other
stakeholders. Strengthening legal framework to protect women‘s rights and ensure fair
treatment within the criminal justice system is also essential. Moreover societal attitudes
towards gender roles and violence against women must be challenged through education and
awareness campaigns to create a more equitable and just society.
Hence, there is a need to stop gender stereotyping while trying women offenders by
the judges. The low criminality rate of women is not the issue but the sex-based behavioural
segregation is. Judges should not apply their understanding of a woman‘s role in society but
use a more neutral basis while taking into consideration other aspects which drive women to

6
commit a crime. However, there cannot be a uniform criminal justice system for both male
and female offenders as it would be just superficial fairness when at present both are still not
on an equal footing. Offenders with family should be given some concession otherwise along
with them their family suffers too. However, this should be regulated so that it does not cross
its limit to become unjust discrimination. Some suggestions in light of sensitizing the issue of
women criminals would be the simplification of bail procedures for women under trials, the
establishment of more family courts for speedy disposal of cases, and recruiting more female
judges to try cases related to women offenders ensuring a better understanding of the
circumstances.

7
 2. Literature Review

There was a research conducted to analyse the gender disparity in the criminal
justice system. Due to the patriarchal setup in our country, women have faced discrimination,
oppression, and violence at the hands of society. Male and female offenders are not treated
equally in India and judges take into account the social and cultural biases while sentencing if
a female is convicted. Even the Supreme Court of India has opined that in our country gender
is a relevant circumstance taken into consideration while deciding the quantum of punishment
to be given to female criminals. But the question arises to what extent this disparity is
justified? Is it just the gender or is it the social implications attached to it for these
punishment patterns? Hence, there is a need to stop gender stereotyping while trying women
offenders by the judges. The low criminality rate of women is not the issue but the sex based
behavioural segregation is.(Niharika Tiwari, n.d.)

A research that explores the gender disparity in criminal justice system is

valuable for many students. The first part of the paper starts with an introduction to the
present system of gender disparity in India with respect to the Criminal Justice system.
Second part deals with the various causes gender disparity in India (Akshita Khayliya, n.d.).
Third part of the paper talks about the contemporary examples of women being mistreated in
the system. The paper ends with the recommendations as to how the disparity can be reduced
along with the conclusion. Sociocultural transformation can be achieved by increasing
literacy and economic mobility, dealing with the majority of the issues facing women. As men
are involved in government departments, implementation of welfare laws and schemes is
quite sluggish.

A study was done that clearly emphasize the gender and race differences in
criminal justice system. This study highlights the importance of gender and race as critical
variables in criminal justice system processing. It presents a historical assessment of the
processing of black and white females; examines characteristics of female offenders; analyses
court processing, noting sex differences in pleas, plea bargaining, and sentencing; reviews the
experience of sentencing reform in Minnesota; and reports on changes in the commitment and
incarceration of women in Michigan over a 10-year period .(Sarri, 1986). Women were found
less able to bargain effectively and were more often willing to plead guilty to the original
charge. They were less likely to have their charges reduced during the pleas process and fared

8
less well in sentencing bargaining. An examination of crimes where females predominate
reveals large differences in treatment in plea bargaining, in rates of guilty pleas, and in
sentence bargaining.

A research that facilitates the gender disparity in criminal justice system was
conducted. In this study the researcher explored that there is a need for courts to stop using
gender stereotypes when trying female offenders. The issue is not women's low crime rate,
but sex-based behavioural segregation. Judges should apply a more neutral basis while taking
into account other factors that drive women to commit crimes, rather than using their
perception of a woman‘s role in society. However, there can‘t be a single criminal justice
system for both male and female criminals. In this study the researcher opined to raise
awareness about women criminals, some suggestions include simplifying bail procedures for
women on trial, establishing more family courts to expedite case resolution, and recruiting
more female judges to try cases involving women offenders to ensure a better understanding
of the circumstances.(Sandipa Bhattacharjee, n.d.)

There was a article published with a detailed explanation about the gender bias in
the criminal justice system. The question raised in this study is Why are men so much more
likely to be imprisoned than women who commit similar crimes? When it comes to the
federal justice system, there is no question about bias. Sentencing is 63 percent longer for
men than for women under similar circumstances. A reasonable conclusion that addresses all
discrimination in the criminal justice system—from gender to race and socioeconomic—is to
use the reasoning that incarcerates fewer women across the entire system. Female offenders
are often viewed as victims themselves, whereas men are viewed as perpetrators.(Murphy,
1997)

A study was conducted to analyse the gender disparity in criminal justice system.
Violent men and women are treated equally in India. Judges often violate the law and use
social and cultural bias in determining whether a female suspect is guilty, as well as
sentencing her if she is found guilty. In such a criminal world, it is important to understand
how a woman who violates a woman‘s law is treated by the Indian justice system. The
Supreme Court of India has ruled that, although sex is not a trivial matter in many parts of the
world, in the case of Indian justice, gender is a valid consideration when determining the
maximum sentence given to a female criminal. We see that the power of the court to decide
from time to time can be biased. In such cases, criminal law enforcement is destroyed,

9
because there is no similarity in sentencing patterns in all cases. The basic framework of our
legal system has also been based on the basic concept of ‗equality‘ and in such a case, it is
very important to achieve gender equality by addressing the challenges of men and
women.(All India Legal Forum, n.d.)

There was a research done to explain the gender gap in the criminal justice system.
Explaining this ―gender gap,‖ scholars have found that women are treated more leniently than
men at various stages of the judicial process. Explanations for women‘s lenient treatment are
often oversimplified as ―sex differences‖ in criminal behaviour and could benefit from further
investigation. Through qualitative interviews with federal judges and attorneys, as well as
observations of criminal court proceedings, this study examined how the family, as a site of
inquiry, produces lenient court outcomes for women, .(Geppert Katharina, 2022) specifically
at the detention and sentencing stages. The findings of this study show that female defendants
are treated leniently not because of their gender alone, but rather due to the responsibilities
they are expected to uphold in the family.

A study that emphasizes the sentencing for the same crime and the disparities in
layperson's sanctioning preferences for male female offenders and the link to respondent
gender. This study examined whether offender gender was associated with disparities in
sanctioning preferences, and if these disparities were linked to implicit or explicit gender-bias
attitudes. There was a significant leniency effect towards women. This study offers support
for the ―leniency effect‖ in relation to women who offend, although these biases may not
greatly affect sentencing preferences.(Macken & O Connell, 2023)

There was a research conducted for the better understanding of the gender disparity
in criminal justice system. Due to male domination in India, women are not able to enjoy all
the privileges given by the Government of India. Although, gender is also the reason for less
sentencing to women. If we talk about equality, If a woman can commit a murder, then she
also deserves to be given the same punishment as the man deserves .(MS Shalini Gupta, n.d.).
It is not wrong that some unusual circumstances lead to committing serious offenses.
Discrimination among men and women is not only in India but also in other various countries.
But gender disparity in terms of the number of times men and women serve in the criminal
justice system is quite different. According to this study the researcher opined that there
should not be any leniency while punishing the women accused.

10
 A study that estimate the gender disparities in federal criminal cases was done. This
paper assessed gender disparity in federal criminal cases. It finds large gender gaps favoring
women throughout the sentence length distribution (averaging over 60%), conditional on
arrest offense, criminal history, and other pre charge observable. Female arrests are also
significantly likelier to avoid charges and convictions entirely, and twice as likely to avoid
incarceration if convicted. Prior studies have reported much smaller sentence gaps (Starr,
2015) because they have ignored the role of charging, plea-bargaining, and sentencing fact-
finding in producing sentences. Using decomposition methods, She showed that most
sentence disparity arises from decisions at the earlier stages, and use the rich data to
investigate causal theories for these gender gaps.

A research was conducted to understand the gender issues in criminal justice system.
In some jurisdictions, women have also been prosecuted for Adultery when there is clear
evidence of rape Occurring. Although guys are taught to be useful in implementing legal
guidelines that protect girls from all varieties of home violence and rape sufferers, their
efforts have now no longer be realistic and this is why it's miles justifiable to argue that girls
are very critical in implementing legal guidelines that protect them from all styles of violence,
in addition, to speak to rape sufferers in an extra higher way. It needs to be stated that guys
are the perpetrators of rape hence they cannot without a doubt enact legal guidelines a good
way to guard girls from rape. A few legal guidelines that have been meant to be gender
impartial have handled men and women vary of their applications.(Anisur Rahman, n.d.)

A study was done on the basis of bias in the criminal justice system and addressing
and reducing disparities. The criminal justice system is designed to maintain law and order
while ensuring that justice is served. However, the system is not perfect, and there are several
biases that can lead to disparities in the way justice is administered. Women are more likely to
be sentenced to prison for non-violent crimes than men, and they often face harsher sentences
than men for the same crime.(Lucas, 2023). This disparity can be attributed to several factors,
including implicit bias among judges and prosecutors, gender stereotypes, and systemic
inequality within the criminal justice system. It also included ensuring that law enforcement
officers and prosecutors are held accountable for their actions. Training and education
programs for law enforcement officers, judges, and prosecutors can also help reduce bias in
the criminal.

11
 There was a study to understand the gender, crime and disparities in the criminal
justice system. In this study the author pointed that Crime rates in the United States have
dropped overall, pointing to the efficacy of rehabilitation. When the data is separated by
gender, however, female recidivism rates have exponentially increased. This suggested a
failure in the criminal justice system- in fact, women may be more vulnerable to a cycle of
crime. Studies have shown that women involved in crime experience greater amounts of
psychological distress and trauma—both risk factors for recidivism. Thus, gender-focused
programs may be necessary to properly address unique female pathways and experiences in
crime.(Fu, 2021)

A research was conducted to understand the sex or gender based decision making in
the criminal justice system as a possible explanation for the under representation of women in
official statistics. The article dealt with the different assumptions and hypotheses which have
come forward in the debate on the possible discrimination of men and women in the criminal
justice process. Discrimination of men and women in the criminal justice process. In the first
part of the article the various theoretical models are outlined: the chivalry and evil women
hypotheses, the legal or etiological model, the social control theory, the family‐based justice
model, and a multi factorial model. In the second part of the article, the results of empirical
research relevant to these hypotheses are presented.(Holland & Prohaska, 2021)

A study was done to understand the relationship between women, crime and Indian
Justice system. This article aimed to bring light to the most omitted and left-out aspect of
criminology and how with time it became an established and key issue. The economic and
social developments across the globe had an impact on female criminality. Gender disparity
and discrimination have their effects even in the criminal justice system, perhaps, it is because
the system is still oblivious of this interpretation and therefore sometimes it has misogynistic
remarks in its judgments (Sarika Baloda, n.d.). It is time that courts try to take into account
female criminality with the flourished perspectives rather than social or patriarchal
perspectives. further developments in the subject will bring progress in understanding the
factors behind female offending and will be a help in framing appropriate reformatory
policies.

A research was conducted to explain the structural gender equality and federal
sentencing outcomes. This article argued that structural gender equality has an important
influence on gender disparities as well. Using federal sentencing data from 1999-2003, this

12
article demonstrated how Measures of structural gender equality contextualize the
relationship between gender and sentencing. This analysis suggest that structural gender
equality is important For understanding the relationship between gender and sentencing, but
different measures of gender equality lead to distinct patterns.(Nowacki & Windsong, 2019)

A study was conducted to understand the gender differences in sentencing outcomes.

Gender differences in criminal court outcomes for men and women are almost axiomatic in
contemporary criminology. This paper examined the research literature and presents data
from Victoria, Australia, to consider differences in sentencing outcomes for men and women.
Data on gender differences in police recorded offending and in prison statistics are also
included in order to complete the picture. Men and women have different patterns of criminal
behaviour. Women‘s offending tends to be less serious in terms of the nature of the criminal
behaviour, with women being less likely to be involved in violent offenses.(Advisory
Council, 1968)

There was a research done to explore the embedded gender bias within the global
criminal justice system. This article examines the different gender roles that motivate the
differing ways in which men .(Gabriela Trauttmansdorff, n.d.) and women are arrested,
prosecuted, and imprisoned based on how they embody traditional values. Additionally, it
provides more detailed information on the demographics of female prisoners, and how their
experiences within their own gender actually end up causing them to turn towards crime.

A study was done on the basis of gender and crime to explain the influence of
gender in a crime. One of the most consistent and strong findings in Criminology is that
females commit much less crime and juvenile delinquency than males. This gender gap In
law-violation is found using data on arrests, Convictions, self-reported crime, and victims‘
reports about offenders. It also appears to exist across nations And over time. This article
summarized the research on gender and crime that has been conducted since these critiques. It
first identifies some of the major issues that have emerged in this research, and identifies
three typical approaches to the study of gender and crime. It then discusses key findings and
arguments in research taking each of these approaches. It does Not address the literature on
gender and victimization, or gender and criminal justice processing.(Steffensmeier & Allan,
1996)

A critical study was conducted to analyse the gender inequality in Indian criminal
jurisprudence. gender inequality in terms of legal provisions mentioned under the Indian

13
criminal jurisprudence. The change in society also needs to have gender equality in terms of
legal provisions where only men are seen as the only culprit and women cannot be a culprit
but only a victim, especially in some legal provisions under IPC 1860, which are Sec 498 A
IPC and Sec 375 IPC, which are discussed in detail in the paper. The frequent misuse of the
legal provisions by women has also created many issues that are targeted at men, and the life
of a man becomes vulnerable in society. The main aim of the judiciary is that no single
innocent person should be proven guilty, even if many accused get released, which is violated
by the misuse of legal provisions by women.(Harsh maheshwari, n.d.)

14
 3. Methodology
3.1 Aim
The aim of this study is to analyze the gender disparity in the criminal justice system.
3.2 Objectives

• To understand the gender based discrimination in the criminal justice system.

• To understand the gender bias while sentencing.
• To analyse court room practices including jury selection, witness credibility
assessments, and judicial decision making process.
• To evaluate the law enforcement responses to gender based violence.
• To explore victim services for individuals of different genders.

3.3 Sampling Procedure

3.3.1 Sample Design

The survey was conducted online using Google Forms. The survey instrument consist
of a questionnaire with 15 questions.

3.3.2 Sample Size

The survey aimed to collect maximum of 200 responses. However, received 209
responses.

3.3.3 Period of Data Collection

The survey was conducted from February 2nd, 2024 to February 29th, 2024.
3.3.4 Procedure
This study investigated gender disparity within the criminal justice system. A Google
Form containing the questionnaire was disseminated to participants. The Google Form
link was shared via whatsapp, resulting in 209 completed responses. The collected data
was analysed directly within the Google Forms platform. Based on the analysis of the
survey responses, the study drew conclusions regarding gender disparity in the
criminal justice system.

15
 4. Result and Discussion

1. Have you ever get punished by the law for violating any legal rules?

Figure 1: The percentage of people who got punishment by the violation of legal rules.
Findings
 According to this survey, 14% of people got punishment by the law for violating legal
rules.
 86% of people didn‘t get punishment by the law for violating legal rules.

2. Have you ever sentenced to imprisonment for committing any offense?

Figure 2: The percentage of people who have sentenced to imprisonment for committing
offenses.

Findings
 This survey indicates, 93% of people didn‘t sentence to imprisonment for committing
any offenses.
 7% of people are sentenced to imprisonment for committing offenses.

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3. Which gender is more likely to be victimized?

Figure 3: The percentage of gender in victimization.

Findings
 48% of people say that men are more likely to be victimized.
 44% of people say that women are more likely to be victimized.
 8% of people say that others are more likely to be victimized.

4. Have you ever spent time in a jail, prison or juvenile detention centre?

Figure 4: The percentage of people who have spent time in jail, prison or juvenile
detention centres.

Findings
 8% of people have spent time in jail, prison or juvenile detention centre.
 92% of people did not spend time in jail, prison or juvenile detention centre.

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5. Which gender is more in crime rates?

Figure 5: The percentage of gender who commits crimes.

Findings
 This survey reveals a public perception that men commit more crimes than women, with
52% of respondents holding this belief..
 5% of people say that women commit more criminal acts than men.
 43% of people say that both men and women commit criminal acts equally.

6. Do you think criminal law is gender biased?

Figure 6: The percentage of public opinion on gender bias in criminal law.

Findings
 The survey found 49% believe criminal law is biased.
 51% of people don‘t think that criminal law is gender biased.

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7. Which is the main cause of gender in equality in India?

Figure 7: The public opinion on the cause of gender inequality in

India.

Findings
 According to this survey, 63% of people say that lack of education is the main cause of
gender inequality in India.
 17% of people say that poverty is the main cause of gender inequality in India.

 20% of people say that unemployment is the main cause of gender inequality in India

8. Which gender is more likely to go to jail?

Figure 8: The incarceration rate based on gender.

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Findings
 According to a survey, 87% of people hold the perception that males are incarcerated at a
higher rate.
 7% of people say that females are more likely to go to jail.
 6% of people say that others are more likely to go to jail.

9. Why are men more likely to get capital punishment?

Figure 9: The public opinion on why men get capital punishment more often.

Findings

 This survey reveals that 41% of respondents believe men receive harsher punishments
because they commit more serious crimes than women.

 17% of people say that men are more likely to get capital punishment due to women are
better able to express their emotional side compared to men.

 42% of people say that men are more likely to get capital punishment due to women get
gender consideration while sentencing.

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10. Do you think such considerations provided to women will make them to commit
more offenses?

Figure 10: The public opinion on will considerations provided to women make them to
commit more offenses.

Findings

 This survey reveals that 41% of respondents believe men receive harsher punishments
because they commit more serious crimes than women.

 17% of people say that the considerations provided to women will not make them to
commit more offenses.

 52% of people say that may be the considerations provided to women make them to
commit more offenses.

11. Do men misuse these considerations given to women to do any offenses?

Figure 11: The public opinion on the misuse of the considerations provided to women by
men to commit more offenses.

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Findings
 22% of people say that men misuse the considerations given to women to do offenses.

 20% of people say that men don‘t misuse the considerations given to women to do
offenses.

 58.4% of people say that may be men misuse the considerations given to women to do
offenses.

12. Do you think women are treated unfairly before the criminal justice system?

Figure 12: The public opinion on the treatment of women in the criminal justice system.
Findings
 According to this survey, 48% of people say that women are treated unfairly before the
law.

 52% of people say that women are not treated unfairly before the law.

13. Do you think all women victims get proper justice?

Figure 13: The public opinion on access to justice for crime victims.

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Findings
 This survey reveals that 25% of respondents believe all female victims consistently
receive proper justice.

 75% of people think that all women victims don‘t get proper justice.

14. What is the main cause of women treated unfairly before the law?

Figure 14: The public opinion on why women treated unfairly before the law.

Findings
 According to this survey, 43% of people say that women treated unfairly before the law
due to gender discrimination among male and female.

 8% of people say that women treated unfairly before the law because of women are more
weaker than men.

 49% of people say that women are treated unfairly before the law due to both gender
discrimination and weakness of women.

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15. Does the gender inequality influence the rate of crime?

Figure 15: The public opinion on the influence of gender inequality in crime rates.

Findings
 This survey indicates that 45% of respondents believe gender inequality influences crime
rates.

 12% of people say that gender inequality doesn‘t influence the rate of crime.

 43% of people say that may be gender inequality influence the rate of crime.

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 5. Conclusion

This study investigated gender disparity within the criminal justice system. Despite its
persistence, sentencing considerations given to women appear to be contributing to a rise in
crime for both genders. While both men and women experience victimization, incarceration
rates are significantly higher for men. Studies suggest there might be unconscious bias in
sentencing, with women sometimes receiving lighter sentences than men for similar crimes.
Capital punishment is typically reserved for the most serious crimes, and men are more likely
to be convicted of those crimes. The leniency shown towards women, compared to the
harsher punishments men receive, creates an inequality that impacts crime rates. In many
ways, women are treated unfairly by the legal system, failing to receive proper justice. The
primary causes of this gender disparity in India are attributed to a lack of education, poverty,
and unemployment. Based on the survey results, we can conclude that gender disparity is a
serious issue demanding a solution. Future scope of this study holds immense potential for
shedding light on critical societal issues. Future avenue may include examining the
intersectionality of gender with race, socioeconomic status and other factors as well as
analysing the impact of cultural norms and stereotypes on judicial outcomes.

25
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