Gender Justice Under Indian Criminal Justice System

It is widely understood that the concept of gender justice, as used in jurisprudence, relates to the gender-based discrimination that women and transgender individuals encounter in the criminal justice system. The concept encompasses various phases in the criminal justice system, such as access to justice, the application of criminal law to those who have engaged in criminal activity, and the treatment of different genders differently from their counterparts. Whenever any study is conducted on gender justice and criminal justice system, the focus should be on examining the status of women and transgender individuals as victims of crime, as accused of crime, and as prisoners. Multiple factors contribute to the differential treatment of women and transgender individuals over their male counterparts. Every democracy and civilized society pays close attention to the incessant examination of gender discriminatory aspects of the substantive and procedural law in relation to gender orientation, individual autonomy, and sexual violence. Those women and transgender individuals who are in conflict with the law require special attention with regard to their access to justice. A case like this pertains to the treatment of these genders by the male-dominated criminal justice system during investigation, pretrial proceedings, trial proceedings, and post-trial proceedings. Regardless of how much legislation relating to gender equality is available, it is imperative to maintain a continuous judicial process to monitor and correct the situation. In the international context, it could be stated that India, as a signatory to the majority of multilateral conventions, plays an active role in promoting gender equity.

The author has undertaken extensive research to highlight the various pitfalls in our legal system with the intention of strengthening the norms that combat gender injustice.

There has been an update to the second edition to reflect the most recent legislation, judicial decisions and contemporary topics. The latest legal developments regarding transgender persons have been incorporated in appropriate places. A number of chapters critically examine the constitutional aspects of transgender identity and expression.

This book is addressed to all stakeholders in the criminal justice system, especially policymakers, researchers, jurists, lawyers, teachers and pupils.

Key Features:

• Gender offending through the lens of criminal jurisprudence
• Sexual and gender-based violence discussed
• Transgender issues highlighted
• Judicial contribution to gender egalitarianism analysed