General Bias in Criminal Law Enforcement: Analysing the Impact of Gender Perceptions on Investigation and Prosecution in India

Abstract

This research paper examines the impact of gender prejudice on investigation, prosecution, and judicial results in India’s criminal justice system. Due to conventional ideas about men’s and women’s roles in society, gender stereotypes have a big impact on criminal justice processes and frequently result in uneven legal implementations. The analysis uses landmark judgements like Rajesh Sharma v. State of Uttar Pradesh, State of Punjab v. Gurmit Singh, and the Nirbhaya case to show how prejudices influence court rulings in cases involving sexual offences, domestic abuse, and dowry harassment. The study examines how, in family-related disputes, male defendants are frequently assumed to be guilty, whereas female defendants may be given mercy because of perceived notions. The study also discusses the difficulties faced by female victims who are exposed to character evaluations during trials, which damage their reputation and postpone justice. On the other hand, systemic barriers that result from racism leave male victims of abuse with insufficient legal protections. Gender prejudice persists in legal processes notwithstanding judicial directives and measures intended to promote fairness. In order to promote a fairer legal system in India, this study highlights the necessity of gender-neutral training, objective procedural improvements, and public awareness campaigns. The Indian judiciary can only attain fair and impartial justice devoid of gendered presumptions by implementing methodical reforms.

Keywords: Gender Bias, Prejudice, Investigation, Prosecution, Judgement

View PDF