Rethinking 'insanity' deference in the light of Kumari Chandra versus state of Rajasthan: Are female murderers 'abnormal'?
By: Deb, Aishwarya
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Material type: 
BookPublisher: Journal of The Indian Law Institute Description: 61(3), Jul-Sep, 2019: p.350-363.
In:
Journal of The Indian Law InstituteSummary: This paper is based on the notion that although the criminal justice system is masked by the well-known fiction of nasality yet there is no double that it does discriminate on ground of sex. The question of applicability of general legal defenses to women offenders has come into limelight yet again with the recent judgment of high cover of Rajasthan in Kumari Chandra V. State of Rajathan’ whereby the alleged women offender was acquired of murder on the ground of insanity triggered by premenstrual streets syndrome Somehow this decision, along with other decisions of similar nature in the past, reinforces the noting that women don’t commit homicide until they are mentally ill or unstable. This paper intends to critique the insanity defense used by lawyers to defend the acts of women offenders in light of the afre-mentioned decisions and address the long reverberating debate surrounding the mediclisationg of female offenders as ‘mentally ill’. While addressing this issue, the author intends to go beyond the standard feminist criticisms and draw upon her own argument to highlight the need for formulating female specifie defense high will accommodate the circumstances unqie to a women without syndromising her. - Reproduced
| Item type | Current location | Call number | Vol info | Status | Date due | Barcode |
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Articles
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Indian Institute of Public Administration | 61(3), Jul-Sep, 2019: p.350-363 | Available | AR124154 |
This paper is based on the notion that although the criminal justice system is masked by the well-known fiction of nasality yet there is no double that it does discriminate on ground of sex. The question of applicability of general legal defenses to women offenders has come into limelight yet again with the recent judgment of high cover of Rajasthan in Kumari Chandra V. State of Rajathan’ whereby the alleged women offender was acquired of murder on the ground of insanity triggered by premenstrual streets syndrome Somehow this decision, along with other decisions of similar nature in the past, reinforces the noting that women don’t commit homicide until they are mentally ill or unstable. This paper intends to critique the insanity defense used by lawyers to defend the acts of women offenders in light of the afre-mentioned decisions and address the long reverberating debate surrounding the mediclisationg of female offenders as ‘mentally ill’. While addressing this issue, the author intends to go beyond the standard feminist criticisms and draw upon her own argument to highlight the need for formulating female specifie defense high will accommodate the circumstances unqie to a women without syndromising her. - Reproduced
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