Female privilege

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Female privilege is a sociological term used to refer to social, economic, and political advantages or rights that are made available to women solely on the basis of their sex[1]

Female privilege is often examined with the concept of gynocentrism.

Criminal Justice System

It has been shown that women convicted of crimes receive sentences which are, on average, 5.5 months less than those of males[2].

In India, section 237 of the Criminal Procedure Code allows for bail specifically considering the female gender of the accused.

Provided that the court may direct that a person referred to in clause (i) or clause (ii) be released on bail if such person is under the age of sixteen years or is a woman or is sick or infirm[3]

In the UK, a team of high court judges led by Dame Laura Cox compiled the Equal Treatment Bench Book of 2009 [4], whose section on female offenders began with a quote from Lady Justice Brenda Hale:

It is now well recognised that a misplaced conception of equality has resulted in some very unequal treatment for the women and girls who appear before the criminal justice system. Simply put, a male-ordered world has applied to them its perceptions of the appropriate treatment for male offenders

The section overall argued for more lenient sentencing towards women on the grounds of "the impact of imprisonment on [their] mental and emotional well-being" and "the disproportionate impact that incarceration has on offenders who have caring responsibilities [for children] if they are imprisoned a long distance from home". The section also advised judges to be particularly careful "to ensure women can feel safe in participating in the justice process and are protected against unjustified intrusive questioning".

References

  1. ^ Clatterbaugh, Kenneth (1997). Contemporary Perspectives on Masculinity (PDF). WestviewPress. p. 11. ISBN 0-8133-2700-8.
  2. ^ Mustard, David. Racial, Ethnic, and Gender Disparities in Sentencing: Evidence from the U.S. Federal Courts. University of Georgia, 2001, p. 16.
  3. ^ http://www.vakilno1.com/bareacts/CrPc/s437.htm
  4. ^ http://www.judiciary.gov.uk/publications-and-reports/judicial-college/Pre+2011/equal-treatment-bench-book