Gender Stereotypes And Perceptions And Their Impact On Criminal Justice Response

Riya Sachdev, Kirit P. Mehta School of Law, NMIMS

Chapter 1 – Introduction

A stereotype refers to a generalized view or preconceived notions about the attributes, characteristics, and qualities that a particular social group may possess or ought to be possessed by any particular member of that group1, further, it also includes the various roles that the individual are expected to perform. Gender stereotypes are such notions which are attributed to an individual based on their gender identity, and may be both positive and negative. Despite the various legal, cultural, social, economic and intellectual developments which have worked to prevent discrimination, gender stereotyping has remained entrenched in society2. It is quite clear that gender stereotypes are embedded in the various legal rules and continue to play a part in law making, this has also been found to be quite prevalent in the form of judicial stereotyping, which acts as a barrier to justice, particularly when it comes to women victims who are survivors of violence. Further, such stereotyping has severe consequences as it may distort to perception of the judge and ultimately compromise the judge’s impartiality and the integrity of the justice system.