Judicial Bias In Sentencing Women: A Feminist Critique Of Indian Jurisprudence
- IJLLR Journal
- Sep 29
- 1 min read
Vyomesh Uday Warunjikar, India International University of Legal Education & Research, Goa
ABSTRACT
This paper critically examines gender bias in sentencing within the Indian criminal justice system, focusing on the leniency often extended to female offenders. Although Indian law professes formal gender neutrality, courts frequently interpret female culpability through a lens of cultural stereotypes, emotional vulnerability, and caregiving roles. Drawing upon case law and empirical research, the paper demonstrates how judicial discretion tends to favour women, especially when they conform to traditional gender norms leading to systemic disparities in sentencing outcomes.
The paper explores the rationale behind such bias, including the chivalry hypothesis, public sentiment and institutional paternalism. While some gender-based mitigation may arise from genuine socio-economic constraints, unchecked bias undermines constitutional principles of equality and erodes public trust in judicial fairness.
The paper concludes with reform recommendations, including codifying gender-neutral sentencing guidelines, implementing judicial training on implicit bias, and promoting transparency in sentencing. Ultimately, the study argues for a legal approach that balances compassion with constitutional equality, ensuring that justice is both contextually sensitive and fundamentally impartial.
