Women in conflict with the law (WICL) in India face unique challenges rooted in systemic issues, including patriarchy, poverty, caste, religion, and a male-dominated legal system. Traditional approaches to criminal justice often overlook these structural factors, focusing primarily on individual-level interventions. This chapter argues for a holistic empowerment approach that addresses individual and systemic issues. By understanding the interconnectedness of crime, deviance, marginality, and familial relations within the context of the criminal legal system, we can develop more effective strategies for supporting WICL. A key aspect of this approach is to acknowledge the different pathways of crime for women, as often they face victimisation first and are then pushed into crime. Further, we explore the potential of restorative justice, particularly the conferencing model, as an alternative to traditional punitive approaches. Restorative justice focuses on repairing the harm caused by crime and rebuilding relationships. The conferencing model involves bringing together the victim, offender, and community members to discuss the crime’s impact and develop a restoration plan. Restorative justice can provide a more healing and transformative approach to justice by emphasising dialogue, empathy, and accountability. While prisoner rehabilitation in state discourse is primarily linked to being ‘returned’ to the family. To then talk of working with this group requires a broader intersectional approach and understanding of the structures themselves. There is a need to make structural changes to engage with women to find peace and happiness in their lives, which requires an empowerment approach. A re-imagining of rehabilitation pushes us to reinstate the context of crime by women at the centre of its practice. It argues for understanding the prison as a community, and focusing interventions with all stakeholders.

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Working with Women in Conflict with Law in India: An Empowerment Approach

  • Neena Pandey,
  • Smriti Sikri

摘要

Women in conflict with the law (WICL) in India face unique challenges rooted in systemic issues, including patriarchy, poverty, caste, religion, and a male-dominated legal system. Traditional approaches to criminal justice often overlook these structural factors, focusing primarily on individual-level interventions. This chapter argues for a holistic empowerment approach that addresses individual and systemic issues. By understanding the interconnectedness of crime, deviance, marginality, and familial relations within the context of the criminal legal system, we can develop more effective strategies for supporting WICL. A key aspect of this approach is to acknowledge the different pathways of crime for women, as often they face victimisation first and are then pushed into crime. Further, we explore the potential of restorative justice, particularly the conferencing model, as an alternative to traditional punitive approaches. Restorative justice focuses on repairing the harm caused by crime and rebuilding relationships. The conferencing model involves bringing together the victim, offender, and community members to discuss the crime’s impact and develop a restoration plan. Restorative justice can provide a more healing and transformative approach to justice by emphasising dialogue, empathy, and accountability. While prisoner rehabilitation in state discourse is primarily linked to being ‘returned’ to the family. To then talk of working with this group requires a broader intersectional approach and understanding of the structures themselves. There is a need to make structural changes to engage with women to find peace and happiness in their lives, which requires an empowerment approach. A re-imagining of rehabilitation pushes us to reinstate the context of crime by women at the centre of its practice. It argues for understanding the prison as a community, and focusing interventions with all stakeholders.