Why Women Committing Crimes Due To Societal Constraints Need To Be Seen From A Reformative Approach: Supreme Court Explains

The Supreme Court, in a recent decision, observed that a reformative approach has to be adopted towards women who commit crimes under social circumstances, especially in cases of marriage against their will. The Court also emphasised how gendered inequalities and societal norms may alienate a woman and restrain her from pursuing her freedom, which in turn may lead her to commit defiant acts contrary to the law. The bench of Justice MM Sundresh and Justice Aravind Kumar was hearing an appeal against the decision of the Karnataka High Court, which upheld the conviction of the appellants under S. 302 IPC read with S.120 B IPC and a life sentence imposed upon them.The case pertains to the murder committed by a young college-going woman, Shubha, of her fiancé (deceased) with the help of her close friend Arun Verma, along with two others, Venkatesh and Dinesh @ Dinakaran. Notably, the Court observed that Shubha's motive for conspiring to kill the deceased was because she was being forced into marriage by her parents against her will and confided this in her close friend Arun. How Societal Pressure For Marriage, External Elements & Inequalities Push Women To Commit Crimes The bench analysed the various social, circumstantial factors that may contribute to shaping the defiant conduct of a woman. Here, the court laid emphasis on how social inequalities, deep-seated gendered roles and pressing situations often shackle women from exercising their right to choice and freedom. The bench observed, "A woman is pushed into a dark corner by external elements that contribute substantially to the inequalities in her life. Thoughts of a woman would differ based on the place, person and group that she interacts with. It is the social norms and values which determine an action on her part, that is nothing but a form of her expression."The Court explained this with the example of how a modern-day woman would want to exercise her right of choice and freedom, but is unjustly constrained by various factors. The example is as follows : "We shall test this proposition through a simple example of a young lady, who is desirous of spreading her ambitious wings, longing for her own independence. A forced marriage, divorcing her from her professional ambitions and curtailing her further education, would certainly warrant a reaction. Such reactions would vary from one woman to another, depending upon the circumstances. For instance, a girl from a middle class family might react differently compared to one who hails from a poor, or even a rich family. Even amongst these classifications, a decision made by a woman might vary depending upon the impact brought about by the peculiar circumstances in her life."It added how there arise situations where all doors of hope are closed for women stuck in a compulsion to get married, which either leads to them suffering in silence or taking extremely defiant steps."Therefore, she might be put in a position where she would have to choose either of the following options available to her. After making an abortive attempt in getting the family to accept her views, she may leave her parental home without notice, she may turn violent, or even commit suicide. If societal pressure stops her from undertaking any of these measures, and a marriage is forced upon her, her agony would compound and escalate. An unwarranted marriage thrust upon her is the worst form of alienation that she can experience both mentally and physically.""In such an instance, a possible solution from her point of view would be different. Social constraint might play a decisive role. Factors such as social stigma, lack of education, inadequate financial support, and perceived notions about the value system, might trigger a variety of responses. These factors do not merely limit her choices—they distort her very perception of freedom, making resistance seem impossible or even immoral. In some cases, she may internalize these pressures, believing that compliance is her only option. In others, she may resist in subtle, often invisible ways—through quiet despair, emotional withdrawal, or even clandestine acts of defiance."Retributive Approach Towards Punishing Crimes Cannot Resolve Psychological & Emotional Undertones Of A Criminal The Court emphasised that in scenarios where a criminal was born out of his/her impending circumstances, punishment cannot be seen as a tool to prevent future crimes. Especially when considering the psychosocial and emotional enablers that led to the commission of the crime, punishment would not be able to cure the root cause/ reason for such conduct. This is where a reformative approach towards such criminals becomes more effective. "A mere punishment per se would not constitute a remedy for an act of crime. It might change the offender's legal or social status, but would not be sufficient to address the root cause of his actions or remove the psychological and emotional factors that made him commit the crime. The ...

Why Women Committing Crimes Due To Societal Constraints Need To Be Seen From A Reformative Approach: Supreme Court Explains

Anmol Kaur Bawa

Tags