Effeminate penology: a jurisprudential exegesis

Dr. Shivani Singh
Assistant Professor
Faculty of Law, University of Delhi


Abstract

Criminology is an intricate ensemble of all the elements of justice delivery system. The law merely establishes the distinction between right and wrong on social and moral credentials but one of the social credential, which has been ignored throughout, is the gender specific delinquencies and penal system. A non-delinquent society is a contemplation, in scarcity of an effective penology, as much as an effective penology is, if it is not well-schematized with an objective singular tantum. All the penal treatments are in-considerate of the gender role, women delinquencies and a need of an effeminate penology. If a theory is propounded to distinguish and recognize a new league of penology namely; ‘effeminate’ penology, the requirement of the law to perceive it, is inevitable. The social construction of crime has changed over time; feudal and religious influences changed and affected the criminological theories to evolve. The idea of equality of punishment is actually difficult to implement in many situations. Equal penalty for men and women cannot be condemned on the grounds of the concept of equal treatment. A welfare state avoiding barbaric punishments to avoid unnecessary fear of law in the society while upholding the faith of society in judicial system, if can be accomplished, an effeminate penology can also be formulized and implemented effectively. As Lord Denning observed, “Ultimate justification of any punishment is not that it is a deterrent but that it is the emphatic denunciation by the community of a crime”, effeminate penology based on emphatic and categoric denunciation can be a therapeutic way to deal with women delinquencies.

Keywords: Criminology, Criminal Jurisprudence, Criminology and Penology, Theories of Punishment

Preferred Citation

Dr. Shivani Singh, Effeminate Penology: A Jurisprudential Exegesis, The Lex-Warrier: Online Law Journal (2018) 4, pp. 168 – 188, ISSN (O): 2319-8338

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