By Arya Bhatt
A NEW BRANCH ON THE RISE: FEMINIST CRIMINOLOGY examines how feminism and criminology interact and highlights a unique, rapidly developing subject that critically examines how gender influences crime, victimization, and the criminal justice system. The article explores the historical narratives that follow the development of feminist criminology from its inception. It frequently disregarded or neglected women's experiences in criminal contexts by closely examining conventional criminological theories and methods. Feminist criminology emphasizes the need of closing this gap by highlighting the voices of women, identifying the underlying reasons of criminal behaviour that is gendered, and eliminating systematic prejudices within legal systems. Important fields of feminist criminological research are also covered in the article, including how patriarchy shapes criminal norms, how women are treated in the criminal justice system, and the intricacies of victimization of women. Feminist criminology's fresh ideas add to a more thorough knowledge of crime and justice that takes into account various gender viewpoints. Conventional criminological theories that mostly focus on the criminal behaviour of men are called into question by feminist criminology. It offers a fresh perspective by highlighting the ways in which power dynamics, cultural standards, and gender norms influence female criminality. One of the paper's most important conclusions is that understanding intersectionality—the ways in which gender, race, class, and sexuality interact—is necessary when researching female victimization.
Female criminality is a huge problem that is frequently seen as a serious threat to society. Crime and criminals are receiving a lot of attention in today's culture, and crime rates are rising rapidly. Traditional perceptions of crime as a male-dominated activity have been disproved by recent research. Tensions, fury, envy, antagonism, and hatred are the driving forces behind criminal behaviour in men and people. They took involved in a wide range of horrific deeds. This change is mostly attributable to shifting social norms and standards that increase both personal as well as communal complexity.
Until the late 1960s, feminist criminology was predominantly male-dominated, with male researchers primarily studying male crime. Only briefly was female criminality acknowledged. However, there has been a trend away from taking into account social and psychological distinctions between males and females in light of the rise in female criminal activity in the late 1950s and 1960s. The second phase of feminism and feminist viewpoints have also coincided with an increase in female criminology, which has greatly influenced how we currently understand crime and deviance.
In the late 1960s and early 1970s, feminist criminology first emerged as a subset of the larger feminist movement. The study of the relationships between gender, power, and crime is centered on comprehending criminal justice and crime from a gendered standpoint. Feminist criminology has grown in importance and influence among criminologists despite its protracted development. The knowledge that women have historically been neglected and ignored in the study of crime and the criminal justice system is one of the fundamental foundations of feminist criminology. According to feminist criminologists, it is crucial to comprehend crime from the viewpoints and experiences of women because it is not a gender-neutral phenomenon.
The examination of gendered patterns of crime, such as the disproportionate representation of men in particular crime categories and the underrepresentation of women in positions of authority within the criminal justice system, is one of the main focuses of feminist criminology study. It also looks at how people's perceptions of crime are influenced by social identities such as gender and the relationships between sexual orientation, class, and race.
In order to emphasize feminist criminology's significant contribution to understanding and addressing female involvement in the criminal justice system, this article examines the theories, underlying concepts, and transformative consequences of the field.
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WOMEN AND CRIMINALITY
Women were involved in crime in the past, though not to the same extent as men. But fewer people were aware of their offenses. Recent research indicates that the rate of female criminality is rising faster than it was in the past. For a considerable amount of time, women have been involved in many aspects of modern life, including academia, science, culture, and both productive and non-productive activities. The increasing number of women working in various professions could be the cause of the rising trend in female crime rates.
Women's criminality is an important social problem that should be taken seriously due to its impact on the family, parenting, and the fundamentals of society. The fields of social work, sociology, criminology, and law have all paid increased attention to the study of women and crime in recent years. The criminal behaviour of women has long been a neglected topic in research. Women have been integral members of society and the family since the beginning of time, standing up for morality, customs, and family unity. In all major world religions, women have been elevated to positions of honour and respect.
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THEORIES OF FEMINIST CRIMINILOGY
Traditional criminological theories, such as classical and positivist theories, are criticised by feminist criminology for being male-centric and failing to take gender variations in offending and victimisation into consideration. Instead, it emphasises how crucial it is to investigate the structural, social, and cultural reasons that lead to women becoming involved in crime as well as their experiences as victims.
The basic principle of liberal feminism is that women face discrimination and unfair treatment because of their gender, which prevents them from having the same opportunities as men in a variety of spheres of life, including politics, employment, and personal opportunities. Addressing this issue of gender inequality is the subject of the next discussion.[1]Â The "swift integration" of women into contexts where men predominate is the proposed answer, and it is universally uncontested and logically sound. It involves providing women with equal opportunities and supporting their ascent to influential positions in shaping national policies.
The Liberal Feminist Theory also bases itself on the idea that as women get greater freedom, we may see them participating in crimes similar to those perpetrated by men. However, it is now lacking some first-hand evidence. It is clear that women are only involved in minor offences at this point, such as shoplifting and minor frauds, and this is due to the feminization of poverty on an ever-increasing scale.[2]
Additionally, the frequency of these offences is much lower than the frequency of crimes perpetrated by men. People who attempt to question the dominant patriarchal worldview of gender roles are viewed as "unruly" women who need to be disciplined.1
This theory presents a more complex viewpoint and serves as a critique of the "Liberal Feminist Theory" for being overly simplistic. It has had a big impact on feminist viewpoints on things like how women are treated. These feminists contend that the dominance of men and the benefits accorded to them are a major cause of gender inequity, troubled social interactions, and criminality. The most significant social structure that can be seen in society is the patriarchy, which is characterised by male control over women's sexuality and employment. This fundamental bond between men and women comes before all other cultural ties (including class dynamics). The main focus is on how women are mistreated and how they respond to masculine aggression. Men frequently abuse women in order to control them and their potential, whether it is physically, sexually, or psychologically. Feminism's primary goal, regardless of philosophy or ideology, is to include women in society and social connections rather than to exclude males. As a result, gender discrimination in all its forms will eventually be successfully eradicated
Radical feminism claims that the following factors are the key contributors to gender inequality and male dominance:
·      Patriarchy.[3]
·      The unfavourable portrayal of women and the advantage of men in positions of power.Â
·      Men's unsatisfied desire to dominate a woman's sexuality.
Therefore, if we carefully examine the writings of radical feminists, we will conclude that they primarily concentrate on the victimisation of women and their experiences as survivors of male violence. Because they want to have control over them and their potential, men often victimise women physically, sexually, and even psychologically.[4]
Another crucial point that needs to be made in this context is that the major goal of feminism, regardless of its philosophy or ideology, is NOT to drive males out of society but rather to integrate women into it and into social relationships. All forms of gender discrimination will eventually be successfully eliminated as a result of this.2
Marxist feminist theorists contend that social interactions are significantly influenced by the economic structure of society. This viewpoint supports the claim made by liberal feminism that because of male dominance, women have little possibilities to participate in society. According to this idea, the economic structures found in class-based societies are what ultimately contribute to gender inequality and the incidence of sexual violence. The accumulation of exploitative methods of production is exacerbating these gender disparities.3
The treatment of female criminals within the criminal justice system has come under discussion as a result of recent criminology literature. There have evolved two opposing points of view. The first viewpoint, often known as the "female prisoners as victims" insight, claims that at various points in the allegedly male-dominated legal system, women are treated more leniently than men. This indulgence is attributed to a male protective obligation towards the weaker gender.
The dominance of capital and men, say the Marxist feminists Julia and Herman Schwendinger, is the reason why the division of labour by class is frequently seen as a division of labour by gender. But what plan of action will transform this system? Well, it's the shift away from capitalism and towards a more democratic socialist society.[5]
The high rate of rape assaults in capitalist cultures, which are caused by gender inequality relations that encourage physical and emotional aggression, serves as more evidence in favour of this response. The accumulation of exploitative production methods in class societies is what is causing sexual inequality and sexual violence to worsen.[6]
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CONSEQUENCES OF FEMALE CRIMINOLOGY
Increasing our Understanding of Crime:Â Feminist criminology has improved our understanding of crime by highlighting the gendered nature of criminal behaviour and victimisation. Conventional wisdom that has largely focused on the experiences and activities of males and highlighted the specific factors that contribute to women getting involved in crime has been challenged.[7]
Highlighting Gender Disparities in the Criminal Justice System:Â Feminist criminology has made gender biases and disparities within the criminal justice system more visible. It has been made clear that there are disparities in how female criminals are dealt with, that women are underrepresented in positions of control within the system, and that female victims are marginalised.[8]
Examining Intersectionality:Â The study of intersectionality, which acknowledges that gender overlaps with other social identities like race, class, and sexuality to impact how people perceive crime and justice, has been aided by feminist criminology. It has emphasised the value of combating various types of oppression while highlighting the experiences of marginalised women.[9]
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CRITICISMS
The feminist school of criminality and its theories have been subject to criticism due to several perceived flaws. Carlen, for instance, proposed a three-point theory that highlights certain aspects that the feminist school struggles to explain:
(i)            “Women's crimes are that of the underclass, suggesting class conflict.
The first point made by Carlen emphasises how the feminist approach falls short of understanding how socioeconomic status influences women's criminal behaviour. The intersections between class and crime have not always been fully addressed by feminist criminology, despite its substantial examination of how gender influences criminal behaviour and how the criminal justice system punishes women. According to Carlen's argument, institutional obstacles that women from low socioeconomic backgrounds—often referred to as the underclass—face may lead them to commit crimes. These obstacles may include restricted access to economic possibilities, social support networks, and educational chances. It's possible that the feminist perspective falls short in explaining how class-based injustices influence female criminal behaviour.[10]
(ii)Â Â Â Â Â Â Â Â Â Â Female offending is disproportionately from ethnic groups suggesting race
conflict.
Carlen's second point emphasises the significance of taking race and ethnicity into account while analysing the role that women play in crime, a topic that the feminist school may have neglected to appropriately examine. The feminist perspective frequently focuses on the experiences of white women, which may mean that the unique experiences of women from various racial and ethnic backgrounds are not given enough consideration. Women from minority ethnic groups may experience particular difficulties that cross racial and gender lines, which can increase their engagement in criminal activity.[11]Â How women from minority backgrounds engage with the criminal justice system can be profoundly impacted by problems including racial profiling, prejudice, and cultural inequalities. If these race-based elements are not adequately addressed, the feminist approach may overlook an important aspect of how women perceive crime and criminal justice system.
(iii)Â Â Â Â Â Â Â Â Women in prison have usually suffered from poverty.
The final argument made by Carlen highlights the connection between the incarceration of women and their experiences with poverty. The feminist perspective has emphasised how elements like abuse, trauma, and socialisation can have an impact on women's paths to crime. It might not, however, completely examine how poverty influences women's criminal behaviour and eventual incarceration. When faced with poverty and economic difficulty, women may turn to criminal activity as a means of surviving, protecting themselves, or gaining access to resources.[12]Â The feminist paradigm, which gives gender-based analyses priority, might not be able to adequately address these economic forces. A limited understanding of the various elements that lead to women becoming involved in criminal activity and ultimately being incarcerated may arise from a lack of understanding of the effects of poverty.
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CONCLUSION
As a result, feminist criminology has made a substantial contribution to our understanding of crime and the experiences of women in the criminal justice system. It has challenged prevailing wisdom, emphasized the gendered aspect of crime, and advocated for legislative changes. Like any academic field, feminist criminology is not without critics and shortcomings. Scholars such as Carlen have pointed out various shortcomings in feminist theory that require further investigation and explanation. Through ongoing debate, research, and critical analysis, feminist criminology can advance and contribute to a more complete knowledge of crime, gender, and social justice. Over time, feminist criminology has expanded and evolved dramatically. Feminist scholarship has been created, but it is clear that it is still marginalized in a number of ways. Â This also applies to textbooks, which pay relatively little attention to the core concepts of feminist criminology. In popular magazines, feminist research is often published in small quantities. Thus, in order to reduce injustice and inequality, it is essential to incorporate the feminist criminology approach.
Feminist criminology has not only advanced our knowledge of female criminal behaviour but also paved the way for a more equitable and just criminal justice system. As we learn more about this dynamic subject, it is becoming increasingly evident that there are many chances for further research, both to refine our theories and to use these newly acquired insights in real-world scenarios. Beyond the boundaries of academia, feminist criminology has far-reaching implications. It offers nations a roadmap for advancing greater gender equality and justice within their criminal justice systems.
The author of this article is Arya Bhatt, a third-year BALLB student at Dharamrashtra National Law University (DNLU), Jabalpur.
[1] Admin (2023) Feminist criminology – a new branch on the rise - legal vidhiya, Legal Vidhiya - Legal Vidhiya. Available at https://legalvidhiya.com/feminist-criminology-a-new-branch-on-the-rise
(Accessed: 31 August 2023).
[2]Â Ibid
[3] Admin (2023) Feminist criminology – a new branch on the rise - legal vidhiya, Legal Vidhiya - Legal Vidhiya. Available at: https://legalvidhiya.com/feminist-criminology-a-new-branch-on-the-rise
 (Accessed: 31 August 2023).
[4]Â Ibid
[5] Sehgal, D.R. (2021) Female criminology : A critical analysis, iPleaders. Available at:< https://blog.ipleaders.in/female-criminology-critical-analysis>
 (Accessed: 31 August 2023).
[6]Â Ibid
[7] Admin (2023) Feminist criminology – a new branch on the rise - legal vidhiya, Legal Vidhiya - Legal Vidhiya. Available at: https://legalvidhiya.com/feminist-criminology-a-new-branch-on-the-rise
 (Accessed: 31 August 2023).
[8]Â Ibid
[9]Â Ibid
[10] Carlen, P. (1992) ‘10. women, crime, feminism, and realism’, Realist Criminology, pp. 203–220. doi:10.3138/9781487575854-012.
[11]Â Ibid
[12]Â Ibid
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