Feminist Criminology – Complete Detailed Analysis

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💠 Feminist Criminology – Complete Detailed Analysis (LLB Exam Perspective)

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🔹 1. Introduction

Feminist criminology is a branch of criminology that studies how crime, law, and the justice system are affected by gender inequality and patriarchy.
It emerged as a response to the male-dominated nature of traditional criminology.

Traditional criminology mostly studied male offenders and ignored women — both as offenders and as victims.
Feminist criminology asks:

“Why do women commit crimes differently than men?”
“Why are women treated differently by the law and society?”

Thus, feminist criminology aims to create a gender-balanced and humane understanding of crime.

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🔹 2. Historical Background: How Feminist Criminology Emerged

The development of feminist criminology can be linked to three waves of feminism in history.

🌸 First Wave (Late 19th to early 20th century):

• Focused on legal equality — women’s right to vote, education, and property.
• Criminology at that time viewed women criminals as “biologically abnormal”.
• Example: Cesare Lombroso (positivist criminologist) wrote that women are less evolved and less criminal because they are “passive.”
• Feminists later challenged these sexist biological explanations.

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🌸 Second Wave (1960s–1980s):

• Focused on social and legal equality, especially in workplace, education, and family.
• Feminist criminology emerged strongly during this wave.
• Women scholars started questioning male-centered criminology and the gender bias of the justice system.
• Key issues: rape, domestic violence, sexual harassment, and female imprisonment.

This wave gave rise to different feminist perspectives — liberal, radical, socialist, Marxist, and postmodern feminism.

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🌸 Third Wave (1990s–Present):

• Focused on diversity — recognizing differences among women (race, class, sexuality, culture).
• Intersectionality became important — meaning women’s experiences of crime are shaped by both gender and other identities.

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🔹 3. Main Scholars and Their Contributions

🧠 1. Carol Smart

• Wrote “Women, Crime and Criminology” (1976) — the founding text of feminist criminology.
• Argued that criminology had been “male-stream” instead of mainstream.
• Criticized traditional criminology for ignoring women’s experiences.
• Said that crime is shaped by gender roles and patriarchal society.

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🧠 2. Freda Adler – “Sisters in Crime” (1975)

• Linked women’s increasing crime rates to their social liberation (Liberal Feminism).
• Claimed that as women gained equality and freedom, they also had access to the same opportunities (including criminal ones).
• Known as the “Liberation Thesis.”

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🧠 3. Rita J. Simon – “Women and Crime” (1975)

• Supported Adler’s view that social changes influence women’s crime.
• Found that women commit more white-collar crimes as they enter the workforce.

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🧠 4. Meda Chesney-Lind

• Focused on female juvenile offenders.
• Argued that girls are criminalized not for serious crimes, but for breaking gender norms — like being “disobedient” or “sexually active.”
• Highlighted the link between victimization and criminalization — many girl offenders were once victims of sexual or physical abuse.

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🧠 5. Daly and Chesney-Lind (1988)

They categorized feminist criminology into five main approaches:

1. Liberal Feminism
2. Radical Feminism
3. Marxist Feminism
4. Socialist Feminism
5. Postmodern Feminism

Let’s understand each approach clearly.

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🔹 4. Major Approaches in Feminist Criminology

Type of Feminism	Main Focus	Explanation / Example
1. Liberal Feminism	Gender inequality in law and opportunity.	Women commit fewer crimes because of limited access to education and jobs. Solution: equality and law reform.
2. Radical Feminism	Patriarchy and male dominance.	Crime like rape, domestic violence, and sexual harassment are tools of male power. Focuses on ending patriarchy.
3. Marxist Feminism	Class and capitalism.	Women’s oppression is caused by capitalism — economic inequality forces women into low-paying jobs or prostitution.
4. Socialist Feminism	Combination of class and gender oppression.	Both patriarchy and capitalism shape women’s roles and crime patterns.
5. Postmodern Feminism	Diversity and language.	Rejects universal definitions of “woman.” Focuses on differences in race, class, and sexuality. Challenges how law and media represent women.

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🔹 5. Feminist Criminology’s Key Questions

1. Why are women more often victims than offenders?
2. Why does the law treat women offenders differently from men?
3. How does patriarchy shape crime, policing, and punishment?
4. How can we make the justice system fair and gender-sensitive?

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🔹 6. Feminist Critique of Traditional Criminology

Feminist criminologists strongly criticized traditional criminology for:

1. Ignoring women’s experiences — most studies only focused on male offenders.
2. Stereotyping women — women criminals were described as “mad,” “bad,” or “immoral.”
3. Bias in criminal justice — women punished for being “bad mothers” or “bad wives.”
4. No focus on victimization — issues like domestic violence and rape were seen as private, not criminal.
5. Law as a tool of patriarchy — laws reflect men’s interests and protect male power.

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🔹 7. Achievements / Contributions

1. Introduced gender as a key factor in studying crime.
2. Gave rise to new areas like victimology, domestic violence studies, and sexual harassment law.
3. Reformed rape laws and improved legal protection for women.
4. Promoted restorative justice and rehabilitation over harsh punishment.
5. Highlighted the need for female police officers and judges for gender-sensitive justice.

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🔹 8. Criticisms of Feminist Criminology

1. Too gender-focused:
   Critics say it sometimes ignores male victimization or crimes against men.

2. Diversity problem:
   Not all women face the same kind of oppression — race, class, and culture matter.

3. Internal divisions:
   Liberal, radical, and Marxist feminists often disagree on causes and solutions.

4. Western bias:
   Most feminist criminology developed in Western countries, less focus on developing nations like India.

5. Limited practical solutions:
   Some say feminist criminology criticizes existing systems but offers few workable alternatives.

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🔹 9. Feminist Criminology in Indian Context

In India, feminist criminology is very relevant because women often face systemic injustice, domestic violence, and social discrimination.

⚖️ Important Laws:

• Section 498A IPC (Cruelty by Husband or Relatives)
• Dowry Prohibition Act, 1961
• Protection of Women from Domestic Violence Act, 2005
• Criminal Law Amendment Act, 2013 (After Nirbhaya Case)
• Sexual Harassment of Women at Workplace Act, 2013

⚖️ Judicial Support:

• Vishaka v. State of Rajasthan (1997) – recognized right to safe workplace.
• Laxmi v. Union of India (2014) – acid attack victims’ rights.
• Nirbhaya Case (2012) – triggered reforms for stronger anti-rape laws.

💬 Indian Feminist Voices:

Indian scholars like Flavia Agnes, Vandana Shiva, and Madhu Kishwar connect criminology with social reform and gender justice.

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🔹 10. Conclusion

Feminist criminology is not just an academic theory — it’s a social movement for equality, dignity, and justice.
It reveals that crime cannot be understood without understanding gender, patriarchy, and power.
By studying women both as victims and offenders, it makes criminology more inclusive and human.

It shifts criminology from “crime control” to human justice.

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