Women criminals can be shown leniency, says SC

Even though gender is not a mitigating factor when it comes to punishment for criminal acts, the Supreme Court said that in the Indian context, a woman convict having three minor children to support would be a ground for courts to impose a lenient sentence on her. The diection came up during trial of a woman who helped a man rob another of Rs 27,000 by administering drinks laced with sedatives in August 2000. Thereafter, the victim was beaten up badly. The woman was convicted for the offence, which is punishable with imprisonment of up to 10 years. A bench of Justices A K Sikri and Ashok Bhushan agreed that slight leniency for women criminals was justified in the Indian context but it should not be to an extent to completely erase the trial courts already lenient two-year sentence. Debating between deterrence and reformative mechanisms to quantify sentence, Justice Sikri said, & quot When the Indian Penal Code provides discretion to Indian judges in awarding sentence, the court will undoubtedly regard extenuating and mitigating circumstances.& quot Referring to the two mitigating circumstances canvassed by the convict & mdash she being a woman and having to support three minor children & mdash Justice Sikri said, & quot In this backdrop, the question is as to whether the respondent being a lady and having three minor children will be extenuating reasons? ...In so far as Indian judicial mind is concerned, I find that in certain decisions of this court, gender is taken as the relevant circumstance while fixing the quantum of sentence. I may add that it would depend upon the facts of each case, whether it should be treated as a relevant consideration and no hard and fast rule can be laid down.& quot Justice Sikri restored the trial court's lenient sentence of two imprisonment to the woman.

OUR TAKE

Some jurists stress that in this world of social equality, women should be treated on a par with men. Women are emulating men in all crimes and even surpassing them at times. So, the concept of criminal justice is not necessarily synonymous with social justice. Hence, the decision of the apex court is apt and justified.