“RIGHTS OF FEMALE DETAINEE IN INDIA: A LEGAL ANALYSIS”
AUTHAR – MEHLAQA MUKHTAR* & DR. SHOVA DEVI**, STUDENT* & ASSISTANT PROFESSOR** AT AMITY LAW SCHOOL, AMITY UNIVERSITY, UTTAR PRADESH
BEST CITATION – MEHLAQA MUKHTAR & DR. SHOVA DEVI, “RIGHTS OF FEMALE DETAINEE IN INDIA: A LEGAL ANALYSIS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 122-128, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
Every year, close to 3 lakhs women are arrested for crimes under the Indian Penal Code and Special and Local laws. As per the Prison Statics of India 2022 of NCRB. Out of 5,73,220 prisoners, 23,772 are female Prisoners. There were 1,537 women prisoners with 1,764 children as on 31st December. A majority of female inmates are in the age of 30-50 years (51.5%), followed by 18-30 years (28%).
The women are fragile creature of God. God designed women to have weaker bodies. Weaker refers to bodily weaker. Body includes brain, muscular capacities and hormonal system. As a consequence, women have been a stigma in the patriarchal and misogynistic society. India is deemed to be the most dangerous country in the world to be a woman. The various problem faced by the female prisoners across the country is threefold due to the patriarchal and male centric perspective in the criminal justice system. The constitution of India confers upon women status of equality and mandate the State to protect their rights. Despite of the prison’s rules and various criminal laws, female prisoners have been experiencing hardships of imprisonments like lack of sanitary napkins during mensuration. Even the majority of women are not aware of their legal as well as fundamental rights. Primary object of this research is to spread awareness of female prisoners’ legal rights and fundamental rights conferred by Indian constitution.