126 36 5MB
English Pages 112 [109] Year 2023
Aliyah Ali Bilgrami Shagufta Nasreen
Women Prisoners A Case Study of Central Prison for Women Karachi
Women Prisoners
Aliyah Ali Bilgrami • Shagufta Nasreen
Women Prisoners A Case Study of Central Prison for Women Karachi
Aliyah Ali Bilgrami Centre of Excellence for Women’s Studies University of Karachi Karachi, Pakistan
Shagufta Nasreen Centre of Excellence for Women’s Studies University of Karachi Karachi, Pakistan
ISBN 978-3-031-46330-3 ISBN 978-3-031-46331-0 (eBook) https://doi.org/10.1007/978-3-031-46331-0 © The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2023 This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors, and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, expressed or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. This Springer imprint is published by the registered company Springer Nature Switzerland AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland Paper in this product is recyclable.
Preface
Pakistan is a developing country, and it has its own specific atmosphere inspired by different traditions, norms, and laws. Gender roles and responsibilities are divided and assigned by these sociocultural factors. Involvement of women in crimes is increasing rapidly due to imbalances and inequalities in roles and responsibilities. Social Issues such as poverty, lack of education, and problems in households have forced women to follow the wrong path to find a solution of their problems. This situation pushes individuals to commit crimes. Female criminality is a shadowed topic of our society. Women’s criminal behavior indicates the pinch and holes in our social and economic structure. Women’s condition and treatment in jails also affect their personalities, given all the other problems they have to cope up with such as the rude behavior of law enforcement agencies. Implementation of laws keeping in mind reformation of prisoners is not an easy task to accomplish. Unfortunately in our jails, punishment is considered a better method to control the crime ratio rather than positive reformation. Karachi, Pakistan
Aliyah Ali Bilgrami Shagufta Nasreen
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Contents
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Introduction: Cultural Forces, Economic Pressures, and Discriminatory Laws���������������������������������������������������������������������� 1 References������������������������������������������������������������������������������������������������ 10
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Feminist Theories About Criminology ������������������������������������������������ 13 Introduction���������������������������������������������������������������������������������������������� 13 Critical Criminology’s Influence�������������������������������������������������������������� 16 Feminist Critique on Mainstream Theories �������������������������������������������� 16 Feminist Criminology and Radical Feminism ���������������������������������������� 18 Feminist Pathways Theory���������������������������������������������������������������������� 19 Liberal Feminist Criminology����������������������������������������������������������������� 20 Socialist Feminist Criminology �������������������������������������������������������������� 21 Multiple Marginalities and Feminist Criminology���������������������������������� 22 The Twenty-First-Century and Feminist Criminology���������������������������� 22 Feminist Criminology from a Global Perspective ���������������������������������� 23 Conclusion ���������������������������������������������������������������������������������������������� 23 References������������������������������������������������������������������������������������������������ 24
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COVID-19 and Women: Incarceration, Economic Pressure, Medical Facilities, and Health Issues �������������������������������������������������� 27 Introduction���������������������������������������������������������������������������������������������� 27 Women Economic Pressure During COVID-19�������������������������������������� 29 Women and Medical Facilities During COVID-19 Pandemic���������������� 32 Women Health Issues During COVID-19 Pandemic������������������������������ 33 The Impact of COVID-19 on Women Prisoners�������������������������������������� 35 Conclusion ���������������������������������������������������������������������������������������������� 37 References������������������������������������������������������������������������������������������������ 38
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Women in the Criminal Justice System, Research Methodology, and Case Studies������������������������������������������������������������������������������������ 41 References������������������������������������������������������������������������������������������������ 48
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Women, Crime, and Media, Global and Pakistani Context�������������� 51 Introduction���������������������������������������������������������������������������������������������� 51 Female Criminals Portrayed by Media���������������������������������������������������� 52 Global Perspective of Female Criminals in Media���������������������������������� 54 Women, Crime, and Pakistani Media������������������������������������������������������ 55 Women’s Status in Pakistani Society ������������������������������������������������������ 56 Women in Media�������������������������������������������������������������������������������������� 56 Pakistani Women’s Images in Print and Broadcast Media���������������������� 57 Social Media and Pakistani Women�������������������������������������������������������� 58 Women’s Representation in Advertisement �������������������������������������������� 59 Women in Crime and Media�������������������������������������������������������������������� 59 Conclusion ���������������������������������������������������������������������������������������������� 60 References������������������������������������������������������������������������������������������������ 61
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Violence Against Women in Prison Behavior of Jail Officials, Class Differences Within Women Prisoners Versus Prisoner������������ 65 Introduction���������������������������������������������������������������������������������������������� 65 In Pakistan������������������������������������������������������������������������������������������������ 67 Violence in Prison�������������������������������������������������������������������������������� 68 Factors of Violence Against Women�������������������������������������������������������� 68 Cultural/Societal Factors���������������������������������������������������������������������� 68 Behavior of Jail Officials �������������������������������������������������������������������� 70 Physical and Sexual Violence�������������������������������������������������������������� 70 Behaviors of Peers ������������������������������������������������������������������������������ 71 Class Differences Among Women Prisoners ������������������������������������������ 72 Conclusions���������������������������������������������������������������������������������������������� 73
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Women and Social Relationships in Prison Behaviors of Sibling’s Family Issues���������������������������������������������������������������������� 75 Introduction���������������������������������������������������������������������������������������������� 75 Women Prisoners in Pakistan������������������������������������������������������������������ 76 Conclusion ���������������������������������������������������������������������������������������������� 78 Recommendations������������������������������������������������������������������������������������ 78 References������������������������������������������������������������������������������������������������ 79
Appendix �������������������������������������������������������������������������������������������������������� 81 Index���������������������������������������������������������������������������������������������������������������� 103
Chapter 1
Introduction: Cultural Forces, Economic Pressures, and Discriminatory Laws
Historically crime is taken as unlawful act which is commonly committed by male because they have dominant nature in all spheres of life over every subject (Husak, 2010). Males appeared as authoritative entity over females while contrasting it with cultural dominancy and biological superiority; this has been observed under ongoing environment of the society; however other factors are also intervening such as female fighters for freedom have taken serious notices over women discrimination and struggling hard to neglect the societal biased norms which compelled over men and women to do things which are baseless and have no significance in their livelihoods (Bartolo, 2021). Similarly, the females confined to four walls is also an imperative process in which females explicitly follow the norms from birth to adulthood and so on; even majority of females do not interrogate such condition. In such scenario, multi-women’s movements have come across with power and deviant persona which are usually associated with the male of the society. The freedom movements have influenced western societies’ first where women power increased; they became actively participated in social and economic life but also with deviant behavior (Gruber, 2020). Females occupy half of Pakistan’s population where they have been completely protected from recognition and prosecutions against any criminal activity. Now this condition strongly urged researchers to study female criminalities than ever before; the scholars also believed that there are extreme inconsistent researches toward female committed crimes and need to explore what are the social conditions behind female criminal acts, and the findings of researches may narrow the sphere of activities female commit (Stange, 2011). “Crime is a social phenomenon,” and social sciences play a crucial role in explaining, interpreting, and studying the human behavior and to unveil the motives behind the deviant behavior in the society. This specific topic involved multidisciplinary fields for studying crime, i.e., gender studies, sociology, social psychology, criminology, and so on (Patherick, 2014). As female crime is an important issue and needs to be explored from gender perspective, it is important © The Author(s), under exclusive license to Springer Nature Switzerland AG 2023 A. A. Bilgrami, S. Nasreen, Women Prisoners, https://doi.org/10.1007/978-3-031-46331-0_1
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to create understanding about the pattern of female crimes and behavior while it linked to social concerns and problems due to the reason owning massive research significance. As we know that family is a very essential factor for upbringing and socialization of children, many of the studies revealed that majority of criminals including males and females have come from broken homes where parents got separated, in this regard many of structural changes and functionaries of family patterns observed with different readings (Andrews & Bonta, 2010). It is also assumed that if person has great integration among family members and in relationships, then he/she opts positive attitude, or if is there any disintegration, then he/she may confront with the negative attitude (US Government, 1981). So, the changing patterns among families and female criminalities have gain significant attention of many of social scholars, social scientists, philosophers, researchers, and experts who directly or indirectly get into search of reasons that why females commit crimes in the society. It is also true that female involvement in criminal acts is relatively new aspect among various cultures and followed by different patterns in developing and developed countries. It may constitute of multidimensional factors, i.e., social concerns, economic deprivation, religious misinterpretation, regional conflict, and familial concerns (Kilday, 2015). Female crimes gain less attention because of fewer number of women’s involvement found in crimes and women usually do not come into contact with law-and-order agencies while it with the males. Truthfully, this book would be the first in attempting this social milieu over female criminalities and women prisoners; this study attempts to fulfill academic gaps regarding the subject in body of knowledge. It is commonly known that males commit most of crimes than females, but the rate of females’ criminal acts has been on rise. There are underlying realities based on gender differences in criminal behavior; however the scholars highlighted, “Prevention, punitive and rehabilitation policies have failed to distinguish between male and female” (Wilczak, 2017). Economists have investigated about gender convergence toward labor market; it means they explored reasons about female inclusion in labor force rather than household keeping only, but the issues of female involvement in crime market remained under-investigated. It is important to analyze gender gap and also to identify the main determinants and factors that could work effectively in elimination of such crimes from the society and economy. The economist suggested, “It is crucial to learn whether men and women behaving differently in the labor market” and also disclosed the major drivers behind committing the crime (Gartner & McCarthy, 2014). According to economic hypothesized theory, if participation in crime is dependent over social roles, then it can also be a variable that women who are spending more hours outside the home may involve in crimes. Another variable also shared that if women get more economic opportunities in the labor market without any discriminations, then the rate of crime may be declined (Siegel, 2015). Such variables will work under empirical analysis, where the researchers will help in top of priority in order to remove this menace from the society as a whole.
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While discussing it globally, so here the reading has been taken from US data where women are increasingly active in crime market; but now the question raised is that which crime women commonly commit? So as per data taken from US arrested people from 1980 to 2011, so far two prominent crimes unveiled, i.e., property crimes and violent crimes. By that time women were involved in property crimes by 77% and more into violent crimes by 96% (Campaniello, 2023). To reveal the detailed breakdown of evidence over the types of crimes women do, the states selected for sampling were the USA, England, Wales, and Italy where particularly women are found in theft, car theft, burglary, and white collar crimes. Other types of crimes included property crimes when victims property is destroyed giving threats, by robbery, and extortions. The data are derived from the prison where the involvement of women in such crimes is around 70%; however men are observed at 50%. On the other side, it was also disclosed that crimes related to drug and violence are twice committed by men compared with women (Campaniello & Garvrilova, 2018). Specifically in England and Wales, drug substance offences are more common which are committed by both men and women; however, when gender gap was measured, it was found that about 30% of women were imprisoned in case of drug offence and men at 17% only. In theft and stolen goods imprisonment there were around 14% women and 5% men, while in women and men involvement in fraud and forgery, women stands at 8% and men at 3%; in addition, more men about 17% were found involved in sexual offences, while women at 2% only (Beatton et al., 2018). Meanwhile, women criminology is also gaining momentum in Pakistan where the social norms are religiously followed. The zone of female criminals is found in wider fields that encompasses socioeconomic, political, intellectual, monetary, and financial milieu in the country (Abbas & Manzoor, 2015). The major cultural forces which are dragging more females into crime can be attributed with the low level of education, being financially dependent over males, power superiority to men, and patriarchy. Women involvement in criminal activities has been increasing with an alarming rate; it is because they are obligated toward violent behavior for multiple reasons, i.e., capital owned by men, men is authority, and women always compensate in any situation whether public or private. Many of the criminologists and sociologists also said that women involvement in crimes is a consequence of women liberation and freedom movements; as women at workplace faced more financial sorrows in such condition, they used to do frauds in a way to have financial stability. Other than that, fake marriages and deceptions are also factors that push more women into criminal activities (Baloch, 2012). Rare studies have been conducted on women crimes and prisons: the study by Aslam Islam in 2019 entitled “Exploring women involvement in crimes in Pakistan” where the primary data are collected from Punjab which is one of the biggest provinces of Pakistan, where around 4000 females were involved in crimes, i.e., kidnapping, stealing, theft, murder, and more hideous crimes in the society. The research unveiled that according to regional police, such females were involved in 200
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murder cases of citizens and offended 560 citizens with range of incidents. As per available information, these ladies also attacked physically on civil servants, robbery, and dacoits over more houses. In reference to this report, “Women criminals were caught up to in 1070 incidents of robbery, 325 cases of deception, 02 cases of fraud, 35 cases of drugs, and 22 crimes against local and special laws.” Other than that about 325 cases were filed against women for having illegal relationships, 29 cases of revengeful kidnapping, 235 dowry disputes, and 15 cases related to love affairs; other cases include old enmities, aggression, quarrel, monetary matters, and marriage matters (Islam et al., 2019). Mostly women are involved in murder of their husband, sisters, and brothers and even children. An incident was observed in Multan, a city of Punjab, where newlywed woman allegedly poisoned his husband’s milk and also other 17 members of the family, where people died on the spot which was a horrible act and then relationship ends with an extreme act. The researchers said that such incidence happened in two conditions when the bride forcefully married off to that person or may already be part of robber’s gang. However, it is generally accepted that if women kill her spouse, then she is considered “battered women” of the society. It is also a reality that women can do violent act easily at homes in comparison with the male counterparts (Zafar et al., 2013). Under study (WeizmannHenelius et al., 2003), women are more inclined to kill close relatives rather than strangers. The perception of society about such women is tremendously different as they thought their socialization would be horrible and common people cannot identify such women easily in public. Researcher suggested that such crimes actually depend over cultural forces, where they are “focusing the perception of females being naturally feminine and nurturing” (Weizmann-Henelius et al., 2003). It is observed that family is the whole world for women and girls because they are family centered and lived within; it is supposed to be family cage for them. Therefore, it is believed that family is the most influential factor for the socialization of girls and even after marriage that process continues. It is also opined by social scholars if family is less persuasive toward female socialization, then peer group takes the place, where various personal behaviors are developed and regulated with the other people of the group. Now these two, i.e., family and peer group, become vital unit of the society which can encourage and discourage illegal action as female just around between these two hemispheres. In majority of cases, women do not prefer monetary values over familial relationships, because fathers and husbands are responsible for financial matters before and after marriage (Kruttschnitt & Carbone-Lopez, 2006). There are some real stories gathered from various sources which included female kidnappers who were isolated from family and relatives and got involved in friend circle more while considering them a family and spending time with them; they decided to always be together in such condition they used to commit crimes together. Similarly, there is another story of women who were forced to steal gold jewelry of her sister-in-law, though personally she did not want to do so but she eventually
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stole; it is because of peer effectiveness toward female criminal activities over family relationships. There was another woman prisoner who told that her female Pakhtoon friend forced her to planned kidnapping, as they both were friends and did not want to avoid friendship promises so due to friendship priority they commit the crime. So, it is observed that when family ties are weak, peer groups enlarged and priority goes to friends group. While interviewing with prisoners, they informed that they have disputed relationships among family members and relatives and also with members of the society (Adler et al., 1975). Under this situation females keep secrets to make their friendships stronger; even in one of the cases when police apprehended the female culprits, they started shouting at the crime scene and said, “One act, two bodies” (Warraich, 2015a, b). So such female offenders behave like strong partners rather than blaming one another in order to save their own lives. In addition, murder is a brutal and inhuman act in which unfortunately majority of cases found is murdering their husband; and researchers believed that family culture is responsible against this crime. Because in Pakistani culture, people have to follow set of beliefs and values without any reasoning, however it is very different from western societies, as Pakistani culture is patriarchal in nature where male dominates and women are their subordinates. Ultimately women behave secondary in the family and internalized that males are caregivers and protector of the family. In fact there are some strict places like in Punjabi and Saraiki culture where husband is considered next to god and culture taught them to worship them; if their wives argue or confront with their husbands, they used to beat them and they have to bear all this attitude silently (Shockley, 2012). Due to cultural advantages to men, women faced physical abuse in most of cases, and it is envisaged that this is the main determinant behind committing murders of their husbands. The scholars disclosed that majority of women in prisons are jailed in cases of murder of their husbands and intimate partners as they were involved in extra marital affairs. It is concluded that social deprivations and conflicted relationships within family or negligence in relationship push females to offend, and more significantly “female criminality are latently associated with family relations or family culture” (Warraich, 2015a, b). The scholars intended to remark self-control theory with having six crucial factors which are responsible committing any crimes in the society which are as under: 1 . The people who have weak self-control and impulsive in nature. 2. People confronting with weak self-control commonly received less care and attention by the close relationships and family. 3. Low self-control people usually engage in dangerous activities. 4. Commonly such people are involved in physical activities. 5. They like to perform task alone rather than in grouping. 6. People with weak self-control also have low tolerance levels (Britt & Gottfredson, 2011). It is comprised that self-control theory including socioeconomic conditions, demographics, and psychosocial and behavioral aspects leads women to enter into the world of crime.
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Discriminatory Laws: Women prisons have been increasing in large number around the globe compared with men. It is also true that all prisoners are deprived of liberty which poses threat to human rights; however women are at higher risk of vulnerabilities because of jail infrastructure, safety nets, interrupted healthcare services, work, education, and halted interaction with the remaining world, meaning the facilities are the same that of men (Atabay, 2014). Though laws and guidelines must be gender sensitive rather than neutral because it is inherently disadvantageous for women, in prisons women are at risk to abuse and violence, including gender- based violence by the law enforcement officers and also by the other prisoners (Nussberger, 2020). The United Nations Office on Drug and Crime (UNODC) highlighted some common factors that have been faced by women in prisons that included commonly among countries: 1. While women go for access to justice, the challenges remained the same like men. 2. There are few offences which are disproportionately applied to women only that included abortion, adultery, and sexual misconduct. 3. Women are less financially stable so they have to be dependent over male family member for money and support. 4. The disproportionate victimization of women from sexual abuse prior to imprisonment. 5. Women need high level of mental healthcare which is often a result from domestic and sexual violence. 6. Women need to rehab who have addictions of drug and alcohol. 7. Women remained staying away from trials because of lack of education and illiteracy and do not get justice. 8. The conditions women face in prisons may causes mental problems which exacerbates mental disabilities. 9. Gender-specific cleanliness, hygiene, and reproductive healthcare do not meet adequately. 10. No proper availabilities of vocational and rehabilitation programs, in such condition family stigmatized even to the women whether she is a victim or criminal (Atabay, 2008). The laws are created a framework by which people realize the constitutional rights. Laws are considered more detailed that constitute nuance and bandwidth which fulfills the need of large number of population and group of people belonging to various demographics. It is observed that constitution highlights the due rights, but legislations identify the criminal codes and procedures in a way to elaborate individual rights and responsibilities within society including the roles of enforcement agencies for state’s protection in the country (Johnson et al., 2007). This portion uncovers formal and informal criminal laws in regard to gender perspectives; for instance, Article (2) (g) of Convention on the Elimination of All forms of Discrimination Against Women (CEDAW) made an obligation over states, “Repeal all national penal provisions which constitutes discrimination against women.” The
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CEDAW shows concern over bringing reforms in criminal justice, therefore focusing the review of “discriminatory substantive and procedural laws” and also the laws which are treated gender neutral but produce consequences while implemented in the justice system. As many of laws and policies are dictated under cultural norms and by this perspective women mostly associated in certain crimes, however on the similar note if men commit such crimes, then he will be penalized differently or may not take into criminal procedures (Schneider, 2018). So here we are sharing few examples that include substantive and procedural criminal codes that treated men and women differently. Substantive Criminal Codes • It is observed that if men are involved in premarital sex, adultery, or prostitution, then he may not be criminalized or can easily escape, but if woman does the same, she is criminalized with harsh penalty. • If woman go for abortion even under medical grounds, then she faced criminalizing behavior from the society and also by substantive laws. • Women are considered ‘criminal’ when she breaks certain cultural restrictions such as running away from house, adopting certain clothing styles or dress up according to her choice, marriage of her own choice. Though it is not a crime under international legal standards, under substantive criminal code, however women are punishable (Chiesa, 2014). • States failed to act due diligence in order to prevent the crimes which are committed solely against women, for instance, female genital mutilation (FGM) and intimate partner violence (IPV). • Women jailed for petty offences and they cannot get bail because they do not have fine money to pay and get released in such cases (Duff & Green, 2011). Procedural Criminal Codes • The codes react differently for men and women, “failing to apply the defence of provocation differently to women.” • It is observed that laws provide little leniency or reduced sentences for males who killed their wives in response to “provocation caused by the behavior of wives or females” but observed that there is always aggravated sentence for female culprits when they kill their abusers. • Women prevent from self-defense while became survivor of violence, as she gone through psychological impacts and there is no law and sentences for battering women syndromes. • Laws do not secure women while allow punishment by stoning and other forms of physical punishment to women (Office of the High Commissioner for Human Rights in Cooperation with the International Bar association, n.d.). • Place men as higher evidentiary while giving testimony over criminal procedures; however, women not granted such equal entitlement in almost all minimum guarantees which men enjoy.
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• Commonly women deprived of liberty to take action against the perpetrator who poses threat to her safety; however the law only grants “protective detention.” • Even “allow administrative detention for sex workers for forced rehabilitation” (Garrow & Deer, 2004). Moreover, despite many international laws, covenants, global movements, and human rights declarations are still resisting by repressive laws, cultural norms, and vague policies in such situation violation of human rights observed enormously worldwide in general and Asia in particular (Abubakr, 2011). As women and minorities are supposed to be vulnerable and hit harder by such weak laws and policies, in Pakistan women faced tremendous challenges because of state law “Hudood Ordinance” which was promulgated by General Zia-ul-Haq that is punishment of Hadd that had been presented into criminal laws under that ordinance; and their idea behind drafting this ordinance is to bring punishment of Hadd in conformity with Islamic injunctions as mentioned in Holy Quran and Sunnah. In reality, this legislation has created havoc in women’s lives because that legislation has so many loopholes and lacunas which has been implemented in bad faith by prosecutors in criminal justice system. Within government of Pakistan, there is a statutory body National Commission on the Status of Women (NCSW) which has recognized that about 80% of women prisoners are results of ambiguities in Hudood Ordinance in regard to rape, adultery, abduction, and kidnapping (Abubakr, 2011). According to the Ordinance, “rape victim has to produce four male eye- witnesses to the crime”; however the men must be pure and pious; on the other hand, if they are true believers of Allah and truthful and did not involve in any sin in their entire life so, how could they see all such crime silently and how it is possible that there must be four persons at the site of crime; this is found vague and does not make a sense of producing four witnesses. In such situation when women go for justice and approach criminal justice system, then they have to submit evidence and witnesses; otherwise they have been convicted of adultery which shows that the sexual intercourse was done in consent with women if she failed in producing four witnesses. They all are false assertions even not interested to listen logical questions, do not want to debate over the issue, and “change their stance is a far cry” (Khan, 2019). Islam is clear in its stance that rapist and adulterous must be punished after obtaining testimony and proofs and gives severe punishments which could not be waved off by the state or law in any condition because it is haram, and such punishments include lashes, stone to death, amputation of hands, and crucifixion. It is debated in all over world that such punishments are cruel in Islam. However, Sharia law does not mention anywhere that rape victim has to bring four witnesses to prove innocent herself; it is all misguidance and not applicable anywhere; this Hudood Ordinance basically is a form of oppression against women in Pakistan. Even no god or law inflicted such pressure on rape victims of bringing four witnesses (Zia, 2019). In fact, when law enforcement asked
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rape victims to bring four witnesses in further inflicting pain on her, in this scenario, rape or hateful crimes have been increasing and that law unable to stop perpetrators as it made further pressure on victim to prove the incident with heavy liabilities rather than over offender. The report published in 2020 entitled “Plight of women in Pakistan Prisons” stated that prisons do not meet international standards and officials also ignore the laws which protect women in prisons. In total around 1121 women were in prison during 2020, in which 66% women were not involved in any offence; however they are in detention and waiting for the conclusion of trials. More than 300 women were detained outside district where none of the family can visit them. It was also seen that around 46 women are above 60 years of age and 10 girls were under 18 years of age. For all these women prisoners, only 24 female healthcare workers are available to provide care to the women and girl prisoners in Pakistan. The findings of the report shows that there are about 134 mothers who are accompanied with their children in prisons during 2020, where the lack of healthcare of mother and children is observed making them more susceptible to contract with infections. One of the women prisoners informed, “her child had a developmental disability and was not offered any support services or medical care despite the prisoner’s repeated requests during her 6 years of incarceration” (HRW, 2020). It is analyzed the level of that by which extent Pakistani laws are complying with the United Nations “Rule for the treatment of women prisoners and non-custodial measures for women offenders”; it found massive gaps including in provincial and national legislative systems. However, the Sindh is the only province that has enacted with prison rules in accordance with the international standards (United Nations Human Rights Office of the Commissioner, 2010). The Pakistan’s prisons need immediate reforms, particularly protection of women’s rights and children as they are at risk in prisons. The Human Rights Ministry informed to the Supreme Court that around 2400 women prisoners are suffering from contagious diseases, i.e., hepatitis, HIV, and tuberculosis (TB). Due to lack of medical treatment, this had exacerbated the situation, almost half of medical-related seats are vacant, and there is extreme shortage of medical equipment and ambulances (HRW, 2020). It is recommended by the Human Rights Ministry that when women prisoners are in pretrial detention, then they must be detained closer to their homes as family members can visit them and “reducing the number of women and girls in prison by developing alternatives sentencing options and non-custodial measures for women and girls.” It is also urged that individual cases must be reviewed properly in order to avoid any violation of human rights and humanitarian needs. There is a need to provide more trainings to the personnel of prisons and also to bring reform in policies which address women healthcare problems. The plans must be developed by the federal government for post release of women prisoners in a way to further integrate women and girls into community, society, and economy as well.
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References Abbas, R., & Manzoor, M. (2015). Socio-economic factors of women’s involvement in crimes in southern Punjab, Pakistan. Academic Research International, 6(2), 442. Abubakr, A. (2011). Rape: Fallacies of the four witness requirement. Tribune. Retrieved March 17, 2023, from https://tribune.com.pk/article/9484/rape-fallacies-of-the-four-witness-requirement Adler, F., Adler, H. M., & Levins, H. (1975). Sisters in crime: The rise of the new female criminal. McGraw-Hill. Andrews, D. A., & Bonta, J. (2010). The psychology of criminal conduct (p. 61). Routledge. Atabay, T. (2008). Handbook for prison managers and policymakers on women and imprisonment (p. 23). United Nations. Atabay, T. (2014). Handbook on women and imprisonment (p. 101). United Nations. Baloch, G. M. (2012). Female criminals of Pakistan: Personal and socio-demographic profiles. IAMURE International Journal of Multidisciplinary Research, 1(1). Bartolo, K. (2021). Gender differences in crime, media, crime and gender (p. 03). Grin Verlag. Beatton, T., Kidd, M. P., & Machin, S. (2018). Gender crime convergence over twenty years: Evidence from Australia. European Economic Review, 275–288. Britt, C., & Gottfredson, M. (2011). Control theories of crime and delinquency (p. 15). Transaction Publishers. Campaniello, N. (2023). Women in crime. Retrieve March 10, 2023, from https://wol.iza.org/ articles/women-in-crime/long Campaniello, N., & Gavrilova, E. (2018). Uncovering the gender participation gap in crime. European Economic Review, 109, 289–294. Chiesa, L. (2014). Substantive criminal law: Cases, comments and comparative materials (p. 112). Caroline Academic Press. Duff, R. A., & Green, S. (2011). Philosophy foundations of criminal law (p. 33). Oxford University Press. Garrow, C., & Deer, S. (2004). Tribal criminal law and procedure (p. 3). Altamira Press. Gartner, R., & McCarthy, B. (2014). The Oxford handbook of gender, sex and crime (p. 244). Oxford University Press. Gruber, A. (2020). The feminist war on crime: The unexpected role of women’s (p. 12). University of California Press. HRW. (2020). Pakistan: Poor conditions rife in women’s prisons. Human Rights Watch. Retrieved from March 17, 2023, https://www.hrw.org/news/2020/09/07/ pakistan-poor-conditions-rife-womens-prisons Husak, D. (2010). The philosophy of criminal law: Selected essays (p. 05). Oxford University Press. Islam, A., et al. (2019). Exploring women involvement in crimes in Pakistan. Pakistan Journal of Criminology, 11(1), 103–104. Johnson, H., et al. (2007). Violence against women: An international perspective (p. 13). Springer. Khan, A. (2019). The women’s movement in Pakistan: Activism, Islam and democracy (p. 99). Bloomsbury Academic. Kilday, A.-M. (2015). Women and violent crime in enlightenment Scotland (p. 22). The Royal Historical Society, The Boydell Press. Kruttschnitt, C., & Carbone-Lopez, K. (2006). Moving beyond the stereotypes: Women’s subjective accounts of their violent crime. Criminology: An Interdisciplinary Journal, 44, 321–325. Nussberger, A. (2020). The European court of human rights (p. 21). Oxford Press. Office of the High Commissioner for Human Rights in Cooperation with the International Bar association. Human rights in the administration of justice: A manual on human rights for judges, prosecutors and lawyers (p. 17). United Nations. Petherick, W. (2014). Applied crime analysis: A social science approach to understanding crime, criminals, and victims (p. 25). Elsevier Science. Schneider, I. (2018). Debating the law, creating gender (p. 12). Brill.
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Shockley, W. (2012). A “try simplest cases” approach to the heredity-poverty-crime problem. Proceedings of the National Academy of Sciences, 57(6), 1767–1769. Siegel, L. (2015). Criminology: Theories, patters and typologies (p. 15). University of Massachusetts. Stange, M. (2011). Encyclopedia of women in today’s world – Volume 1 (p. 620). Sage. United Nations Human Rights Office of the Commissioner. (2010). United Nations rules for the Treatment of women prisoners and non-custodial measures for women offenders the Bangkok Rules. Retrieved from March 17, 2023, from https://www.ohchr.org/en/ instruments-m echanisms/instruments/united-n ations-r ules-t reatment-women-p risoners- and-non-custodial US Government. (1981). The female offender – 1979- 80: Hearing before the subcommittee on courts, civil liberties and the administration of justice of the committee on the judiciary house of representatives: Ninety-sixth congress first session (p. 1329). US Government Office Printing Office. Warraich, I. (2015a). Socio-cultural determinants of female criminality in Pakistan: A study if Punjab, p. 887. Retrieve March 11, 2023, from https://www.researchgate.net/publication/314082547_Socio- Cultural_Determinants_of_Female_Criminality_in_Pakistan_A_ Study_of_Punjab Warraich, I. (2015b). Socio-cultural determinants of female criminality in Pakistan: A study if Punjab, p. 889. Retrieve March 11, 2023, from https://www.researchgate.net/publication/314082547_Socio- Cultural_Determinants_of_Female_Criminality_in_Pakistan_A_ Study_of_Punjab Weizmann-Henelius, G., Viemerö, V., & Eronen, M. (2003). The violent female perpetrator and her victim. Forensic Science International, 133(3), 197–200. Wilczak, A. (2017). Gender, crime & justice: Exploring the dynamics (p. 55). Lynne Rienner Publishers, Incorporated. Zafar, A., Asim, M., Malik, N., & Zafar, M. I. (2013). Socio-culture factors responsible for crimes committed by females of Adiala jail, Rawalpindi, Pakistan. Academic Journal of Interdisciplinary Studies, 2(1), 373. Zia, A. S. (2019). Faith and feminism in Pakistan: Religious agency or secular autonomy? (p. 17). Liverpool University Press.
Chapter 2
Feminist Theories About Criminology
Introduction Crime has been measured as unlawful act usually associated with males because of socially constructed ideas of male dominance in almost all spheres of different societies (White et al., 2012, p. 247). Crime is a social phenomenon, and social sciences try to explain, analyze, and predict human behavior as well as the underlying causes of it. Understanding the pattern of female criminal behavior thus has a greater research significance since it is connected to current societal problems. One of the key social structures responsible for the socialization of children is the family. It is discovered that the majority of criminals, both women and men, come from broken households that display changing patterns of house structure and function of family (Warr, 1993, pp. 247–264). It may be believed that a person who is more integrated into his family would likely have a positive attitude toward life, which may be connected to conforming behavior, and vice versa. One of the main concerns of social philosophers, social scientists, criminologists, and other professionals who are directly or indirectly involved in many aspects of society is these changing patterns of family and crime among women. In the many cultural patterns of the developing world, female crime is a relatively recent problem with multiple social, economic, religious, regional, environmental, and family implications. Due to the fact that fewer females than males interact with law enforcement organizations, topics relating to female offenders have received less attention. According to scholars, the research is the first effort in this particular social setting. This will also make an effort to close the knowledge gap in academic and scientific research. One of the key goals of feminist criminology is to highlight the gendered aspect of crime and punishment, which has been marginalized by male-dominated theories (Cook, 2016, pp. 334–353). In addition to gendered social practices like male- dominated workplace hierarchies also known as glass ceiling and the predominance © The Author(s), under exclusive license to Springer Nature Switzerland AG 2023 A. A. Bilgrami, S. Nasreen, Women Prisoners, https://doi.org/10.1007/978-3-031-46331-0_2
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of men as violent criminals, which is a phenomenon that most other theories fail to account for, the idea of what it means to be a “woman” and a “man” is established through the socialization of boys and girls. The science of criminology has to be separated from its patriarchal and masculinized culture and to advance the acknowledgement that gendered dimension of crime and social deviance (Pillai et al., 2011, pp. 1–10). Due to constructionism of masculinity, it is perceived that males commit significantly more crimes than females do, especially those deemed to be significant to criminology. This emphasis has been influenced in part by how criminology interacts with the legal and correctional systems. In order to better understand why people commit crimes, the field was created in part so that laws might be established to deter criminal activity. Women also tend to conduct crimes that are less interesting to individuals about public safety, in addition to committing fewer crimes overall. Thus, until the 1970s, women were mostly ignored (Daly & Chesney-Lind, 1988, pp. 497–538). Furthermore, the Weberian value-free approach to criminology study has failed to realize that the researchers’ personal experiences shape and formulate their own approaches to their research. This has led to the uncritical assumption that facts and theories regarding boys and men can be applied to girls and women. Researchers and theorists felt that the study of male crime was the generic study of crime and that women who committed crimes were more of an outlier than a subject to be investigated in and of itself. The feminist approach to criminology eventually arose from the critique of this practice (Criminal justice, 2023). Only in the last 30 years feminist criminology has emerged as a recognized criminological perspective. However, the term feminist criminology is rather misleading; maybe it would be more accurate to refer to feminist criminologist. Feminist criminology comprises a wide range of theoretical perspectives and approaches that focus academic investigation on the ways in which gender influences experienced. It focuses on a wide range of issues concerning women and crime, such as theoretical explanations for crime, reactions to female offending, training in women’s prisons, women as good workers, and the special requirements of female prisoners. To identify a few schools, feminist philosophy includes the liberal feminist concentration on equal chances for women, the Marxist feminist focus on class relations and capitalism as the basis of women’s oppression, socialist feminists’ mixing of male dominance with political and economic institutions in society as the root of inequality, and radical feminist focus on patriarchal domination of women. However, these feminist theories share an emphasis on the ways in which society’s gendered structure is connected to crime. The study of crime evolved as a significant sub-discipline of social history throughout the 1970s and 1980s under the influence of the “new social history” (Barry et al., 2008, pp. 16–21). In the early years of the subject, the majority of researchers paid little to no attention to the criminal patterns of women (Schmidt & Pluskota. 2013, pp. 60–77). The research about female criminals in fourteenth- century England by Barbara Hanawalt, examination of female offenders in eighteenth- century Surrey by John Beattie, and the work of French historians Nicole
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Castan and Arlette Farge all stand out as notable outliers. Women were not seen as a significant issue because it tended to be a minority of offenders in cases involving murder and manslaughter (Ted, 1981, pp. 295–353). Whenever women were taken into account, it was frequently in the context of their status as victims of both male criminals and a patriarchal criminal justice system or as perpetrators of crimes that are typically associated with women, such as witchcraft, prostitution, and infanticide. Women’s statistical absence was interpreted as a sign of their fragility and passivity as well as the scope of their public activities. Women were often not thought of as criminals acting on their own behalf; instead, they were thought to only be complicit in crimes committed by males (Otto, 1995, pp. 1–35). Most criminological research up to the second half of the twentieth century concentrated on male criminals and how the criminal justice system dealt with male crime. The fact that men committed the majority of crimes meant that female offenders received less attention. A rise in study on girls, women, crime, and the criminal justice system occurred during the latter two decades of the twentieth century as a result of the dramatic increase in the number of women being imprisoned. Many academics attribute the significant rise in the number of female inmates and the growth of feminist criminological studies to the “war on drugs” and federal sentencing changes of the 1980s. In the 1960s, academics started to make the case that women were not taken into account in criminological theory and research. This early attention came from Canada and Great Britain rather than the United States (cf. Bertrand, 1969, pp. 71–144; Heidensohn, 1968, pp. 160–176.). With the exception of the observation that men commit more crimes, these scholars claimed that the function of gender had effectively gone unnoticed. As a result, hypotheses had been created that may account for the gender disparity in crime, but they conspicuously failed to account for female criminality in the same way. A renewed interest in female criminals resulted from the second wave of feminism in the middle of the twentieth century. The focus on gender equality in the early 1970s led to the publication of two significant books: Simon’s book Women and Crime (1975) and Adler’s book Sisters in Crime (1975). Both researchers said that the mid-twentieth-century women’s movement altered views of and attitudes about female engagement in crime as well as female participation in crime, despite the fact that they concentrated on distinct parts of the problem and came to substantially different results. In fact, the main argument in these two publications was that as a result of women’s independence, crime will increase among women. Additionally, the criminal justice reaction to female offenders would grow tougher and less “chivalrous” as a result of equal treatment. Both books had a significant impact on raising awareness of female crime and the criminal justice system’s response to it, although feminist criminologists have criticized the focus on increasing criminal possibilities for women as a result of the fight for equality. Two overarching themes came to light among the complaints. First, because more and more poor families now had female heads of household, researchers questioned whether lower-class female criminals were motivated by a desire for equality with male offenders or whether rises in female crime may be a
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result of the “feminization of poverty.” Researchers also questioned the concept that low-income female criminals were attempting to compete with males in the criminal justice system by having more conventional and stereotyped concept of women’s work (Daly & Chesney-Lind, 1988, pp. 497–538.). Second, careful analysis of data failed to support the contention that the gap between male and female offending was narrowing (Steffensmeier & Allan, 1996, pp. 459–488). The emphasis of feminist criminological theory started to reorient toward the ways that social and economic systems influenced women’s lives and their involvement in crime.
Critical Criminology’s Influence The introduction of “new criminology’s” or the radical, conflict-based approaches to the study of crime, during the 1970s, was the second significant element in the growth of feminist criminology. These viewpoints, which had conceptual origins in conflict and Marxist theory, saw oppression, particularly oppression of the gender, race, and class, as the primary cause of crime. The 1960s and 1970s, a period of intense political and social consciousness, saw the emergence of both feminist and radical criminology. This was a time of rapid social transformation and political instability in the United States and most of the Western world. Social movements, such as the anti-war movement, the civil rights movement, and the women’s liberation movement, evolved as a result of the controversy of prevailing ideas and power structures. However, the radical criminology movement swiftly lost the support of feminist criminologists who felt that it was too idealistic and remained mostly focused on men. Radical feminists fighting to eradicate rape and interpersonal violence were similarly incensed by the “new criminology” perspective of the offender as a brave warrior engaged in conflict with a strong state (Fine et al., 1979, p. 200). However, feminist criminology started concentrating on the ways that a patriarchal culture encouraged the mistreatment of women. Radical feminism made contributions to the growing field of feminist criminological studies by focusing on the negative effects of patriarchy.
Feminist Critique on Mainstream Theories The critique of the evolution of mainstream theories based on research with boys and men has been a key focus of feminist criminology. Gender has typically only been utilized as a control variable when it has been taken into account, if at all, due to the “add women and stir” approach of mainstream criminology. The fact that men commit more crimes than women has been established, but little is known about female criminality as a result of this type of research. Feminist criminologists disagree with this method because of two unstated presumptions. The first is the
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implicit presumption that while men are far more likely than women to commit crimes, women are somehow less significant in the sector. Second, conventional criminology implies that both men and women are alike and that what works to explain male criminality will work equally well to explain female criminality. Feminist criminologists have critiqued theories like Merton’s (1938, pp. 672–682) strain theory in particular for its emphasis on economic objectives and their inability to take into account how interpersonal ties may influence criminal behavior. According to Merton, a big part of crime stems from people wanting to live the American ideal life but not having the means to do so. According to feminist criminologists, Merton’s theory was plainly not equally relevant to women. They emphasized that although women were undoubtedly more financially constrained than males, criminality was much less prevalent among them (Belknap & Holsinger, 2006, pp. 48–71). Similarly, due to their focus on peer attitudes and behaviors, social learning and differential association theories have been critiqued for failing to account for the gendered structure of socialization. Peers who engage in criminal behavior and attitudes are a strong predictor of male delinquency, but not so much for females. In reality, females who are intimately involved with older delinquent males, may be introduced to crime and delinquency by these intimate partners rather than by their peers. This list of popular theories that feminist criminologists have criticized is by no means comprehensive, but illustrates the male-dominated perspective that many so-called gender-neutral theories have. Other feminist criminologists, however, have maintained that conventional theories may still be used if they are reorganized and operationalized in a way that is more considerate of the factors that both men and women might use to predict crime. Agnew (1992, pp. 47–87) seeks to be gender sensitive in particular with his broad strain theory. He has made an effort to address the issues raised by feminists by including a wider variety of causes of strain in the theory. He has specifically emphasized marital conflicts and poor life events, both of which are significant predictors of female criminality. Additionally, he has noted that men and women often respond to stress in different ways emotionally and have different coping mechanisms and resources and engage in various kinds of criminal activity (Broidy & Agnew, 1997, pp. 275–306). The significance of abuse experiences in predicting female criminality might be clearly examined using a feminist operationalization of general strain theory. According to Agnew, negative emotional reactions to stress rather than actual stress led to crime. Similarly, a careful and gendered study would concentrate on how emotional reactions and coping mechanisms are gendered and how this would contribute to explain the various correlations between life experiences of males and females and their later involvement in crime. In fact, compared to the most, if not all, of the mainstream criminological theories, general strain theory led itself better to a gendered interpretation. Overall, feminist criminologists are not particularly supportive of the gendered use of conventional theory. Most of the theories fail to examine how girls’ and women’s experiences influence their lives. In contrast, feminist pathways theory emphasizes the connection between past experiences and present criminality,
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contending that if one wants to fully comprehend female crime and criminality, however patriarchal culture must be taken into account.
Feminist Criminology and Radical Feminism Radical feminist scholars and activists worked to change how society responded to crimes like rape and interpersonal violence in the early 1970s. Rape victims were frequently held responsible for their victimization prior to the modification of policies and legislation. The victimization of women by males was pushed to the forefront of feminist criminology by two major works published in the middle of the 1970s, and both works had a significant impact on the direction feminist criminological thinking. The book Against Our Will by Susan Brownmiller was a piercing examination of the part that male domination plays in the crime of rape. In a similar way, Carol Smart criticized traditional criminological theories for failing to include gender differences in crime and for assuming that all victims of victimization shared a common experience. Two significant factors make the contribution of radical feminism to the growth of feminist criminology. Initially, radical feminist scholars were able to affect social change through working with local activists. The public started to get concerned about violence against women. The country saw the emergence of abused women’s shelters, and rape laws were changed to shield the victims from excessive scrutiny. Until the mid-1970s, rape victims were basically put on trial by themselves. Both supporting evidence and proof that the victim had fought the rape were necessary for a conviction. The victim’s previous sexual behavior may also be used by the defense as evidence. The victim’s point of view was taken into account in the feminist approach to rape, and as a result, rape shield laws that forbade the entry of the victim’s prior sexual activity into evidence were eventually passed. Second, conventional criminology was affected by feminist literature on rape and interpersonal violence. As a result, victimization’s complexity has been reexamined. Statistics back up the feminist claim that persecution of women differs fundamentally and inherently from that of males, for instance, women are much more likely than males to be abused by someone close to them. Radical feminist, think that societal structures and conventions encourage the exploitation of women. Feminist criminological study has contributed to reshaping the understanding of violence in the home and between spouses, much like feminist literature on sexual violence. Work utilizing the Conflict Tactics Scale created by Straus and Gelles (1986, pp. 465–479) is the basis of a large portion of the early research on interpersonal violence. The prevalence of a wide range of aggressive behaviors is measured by this scale; however feminist scholars have noted that it does not contextualize them. The analysis of common violence by Stanko (1990, p. 167) revealed that women’s victimization was commonly underreported. As a result, research by feminist criminologists and activist had an influence on both legislation and police behavior. The National Crime Victimization Survey eventually underwent revisions to take into account the experiences of female victims;
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questions on rape, sexual assault, and domestic violence victimization were also added (Britton, 2000, pp. 57–76). The Federal Violence Against Women Act was adopted by 1994. Programs for prevention and intervention were created, vigorous legal action was taken, and funding for study became available. International Violence Against Women Day recently carried the focus on the rights of women to safety into the international arena. In conclusion, feminist criminological theory rose to prominence throughout the turbulent 1960s and 1970s. The field first concentrated on the lack of data on girls and women in criminological study. As the field expanded, attention turned to topics such as violence against women, the creation of feminist criminological theories, and feminist approaches to preexisting ideas.
Feminist Pathways Theory The feminist pathways model is arguably the most significant development in feminist criminological theory and research. This theory focuses on the ways that women’s role in society pushes them into criminal lives in an effort to show how female criminality is intricately tied to the life experiences of women and girls. Meda Chesney-Lind has described how girl’s opportunities are shaped by childhood trauma and a patriarchal juvenile court system, which eventually forces them into criminal lives, in a number of articles and books (Chesney-Lind & Pasko, 2004, p. 225). She argues that, unlike males, females are more likely to commit status offenses like escaping or participating in sexual activity before their first interactions with the juvenile court system. Girls who engage in these acts are seen as sinful and in need of “correction” due to the patriarchal double standard. In the past, girls and women who engaged in acts that were at best moderately disapproved of by men were institutionalized. In fact, females accused of sexual “misconduct” are frequently subjected to worse punishments than either boys or girls who are involved in criminal behavior. This patriarchal, paternalistic method of socially policing female behavior is what drives girls into the juvenile justice system. Additionally, it has been overlooked how commonly early sexual practices and running away from home are the outcome of violence in the home. Society ignores the plight of abused females instead of taking action. By labeling young girls as delinquents, society may be further restricting their opportunities in life by penalizing them for actions that may really be self-preserving (such as escaping violent or negligent families). This perspective also looks at the connection between abuse and drug usage, the primary crime that sends women to jail. Abusing substances is regarded as a coping technique. Alcohol and drugs are often used by girls and women to treat the trauma brought on by experiences of abuse. This is important since drug misuse issues are prevalent among jailed girls and women. The majority of these “offenders” had also experienced physical, sexual, or psychological abuse in the past. The feminist pathways theory aims to shed light on the links between young women’s abuse and exploitation and their later criminal behavior. It may be said that this strategy dominates modern feminist criminology (ibid).
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Liberal Feminist Criminology In general, liberal feminism may be regarded as an “equal rights” approach, with the emphasis on ensuring that women have the same legal rights as men. Liberal feminists believe that limited opportunities are the fundamental factor of gender inequality; hence their principal objective in social activity has been to eliminate gender discrimination in work, education, government, and other social institutions. Furthermore, because males and females are taught different and unequal in gender roles, liberal feminists have worked to reform conventional gender socialization procedures so that males and females grow to be more similar in terms of behaviors and attitudes. Several feminist criminological theories were influenced by liberal feminism, particularly early in the development of feminist criminology. Emancipation theories of female offending are rooted in liberal feminism. Emancipation theorists attempted to explain what they study as huge rises in female offending in the late 1960s and early 1970s. They attributed these changes to greater possibilities for women and girls as a result of the women’s liberation movement. In short, these theories argue that, just as legal options opened up for women and girls, illegitimate or criminal ones developed as well. And because girls were pushed to behave more like guys, it should come as no surprise that they did so in less than positive ways as well. Emancipation concepts were shown as significantly defective by data demonstrating that the gender disparity in crime rates was not decreasing as quickly as emancipation theorists believed and that females were not becoming more like males in terms of the types of crimes they committed. To be sure, women and girls were being arrested and imprisoned at a higher rate than in the past and this trend has persisted, but this was mostly due to their increased likelihood of committing property crimes (e.g., theft, fraud, and drug offenses). Some feminist critics of the emancipation concept have also suggested that females’ higher arrest and imprisonment rates are the result of criminal justice system policy and practice changes. More precisely, the “war on crime” has virtually become a war on women and racial minorities, particularly Black people, and rises in female arrest and imprisonment rates signify “equality with a vengeance” (Chesney-Lind, 2006, pp. 6–26). Feminist criminologists continue to debate and research whether females or certain groups of females are treated more or less leniently by the criminal justice system (Spohn & Brennan, 2013, pp. 213–225), but empirical evidence clearly does not support the notion that a “downside” of the women’s liberation movement is that it motivated violence. Power-control theory is another liberal feminist theory (Hagan, 1989, p. 249; McCarthy et al., 1999, pp. 761–788). Power-control theory investigates how socioeconomic status, as a mediating component in gender socialization, may result in disparities in female and male offending rates, particularly adolescent delinquency. Girls are socialized to be like their mothers (domestic, subdued, and thus unlikely to take risks) in families characterized by patriarchal control, however families with a
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traditional gender-specific division of labor in which the husband/father is in the paid labor force and the wife/mother remains at home to care for the household and socialize the children, whereas boys have significantly more freedom and opportunities for risk-taking activities, like crime. According to power-control theory, this structure is more typical among working-class households. Girls and boys are treated more similarly in homes that are more egalitarian or “balanced” in terms of the gendered division of labor, where both husbands/fathers and wives/mothers work. Mothers in these families are still seen as being primarily responsible for their children’s gender socialization, and the theory contends that they less tightly control their daughters’ opportunities and behavior while increasing their control over their sons, resulting in more similar behavior between girls and boys, including risk-taking and delinquency. According to power-control theory, this structure is more typical in middle-class households. At most, empirical support for power- control theory has been equivocal (Heimer & De Coster, 1999, pp. 277–318.; Morash & Chesney- Lind, 1991, pp. 347–377). The theory has also been criticized for its oversimplified understanding of socioeconomic class and the gendered division of labor in the home and workplace, as well as its disregard for racial/ethnic disparities in gender socialization and single-parent homes, the majority of which are headed by women. Another major flaw in power-control theory is its narrow definition of patriarchal control, which is restricted to parental monitoring (Chesney-Lind & Sheldon, 1992, p. 68). Patriarchal control, on the other hand, is significantly more complex and may take many forms, ranging from harsh, horrific violence at one extreme to what has been termed “chivalry” or “benevolent sexism” at the other.
Socialist Feminist Criminology A consideration of how feminist criminology has prompted the study of crime and masculinity would be negligent in any book on the subject. The ungendered analysis of crime is a component of the feminist criticism of criminology, as was previously mentioned. With the help of feminist criminological studies, attempts have been made to better comprehend the experiences of both men and women. Messerschmidt (1986, p. 212) concentrated on the ways patriarchal capitalism shapes both men’s and women’s lives and presented a theory that aims to explain different forms of crimes committed by both men and women and made the case that any accurate theory of crime must take into account both gender dynamics and economic structures. Messerschmidt (1986, p. 212) examined the sexual exploitation of women in the sex trade in third- world countries, continuing the feminist focus on crimes against women. He demonstrated how both patriarchy and capitalism place these women in desperate circumstances where they must submit to exploitation in order to survive. In his examination of male aggression against women, he also established connections between economic disparity and male-dominated household dynamics.
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Finally, in his analysis of higher-level white-collar and corporate crimes, which are largely perpetrated by men, he produced a brilliant melding of theories about male privilege with theories about capitalism. He immediately responds to the feminist critique that mainstream criminology ignores how gender relations structured crime; his work is crucial to the advancement of feminist criminology. His theory demonstrates how the feminist approach takes into account both men’s and women’s experiences in order to shed light on how crime and gender are intrinsically intertwined.
Multiple Marginalities and Feminist Criminology Early feminist criminological work, like many other social disciplines, has been criticized for assuming that all women have similar experiences. As a result, there is new research that takes into account how gender, race, class, and gender identity connect. The feminist criticism of conventional criminology and the critical race critique of feminist criminology have many similarities (Malley, 1987, pp. 70–87). Feminist criminologists are criticized of essentializing women’s experiences in numerous ways and presuming that all women are the same. Advocates of intersectionality and multiple marginalities contend that societal structures have an influence on race, class, and gender; therefore it has an effect on people. Additionally, these effects interact. Being female, African American, lesbian, or poor are not the only factors that matter, nor are their combined consequences. Instead, a relationship develops as a result of the intersection of status. Positioning along each of these dimensions shapes one’s possibilities and behaviors. As a result, Hispanic women’s experiences differ from those of Hispanic men, as well as from those of White women and African American women (Burgess-Proctor, 2006, pp. 27–47).
The Twenty-First-Century and Feminist Criminology It has been difficult for feminist criminological study to become widely accepted. Approaches opposing the mainstream perspective have been regarded with scorn or just apathy since the discipline of criminology has been controlled by scholars who are more committed to conventional theories and research. This has made it very difficult to publish feminist study and marginalized the work that has been published. In fact, before 1975, there was not even a segment on women and crime at the annual meetings of the American Criminology Society. It has been challenging to publish in criminology publications, and most feminist study was consigned to lesser, less esteemed criminology journals. The publishing of academic research on all aspects of women’s and girl’s engagement in the criminal justice system was the exclusive focus of the 1989 establishment of the journal Women & Criminal Justice. Then, in 1995, the peer- reviewed journal Violence Against Women was established to publish research on gender-based violence and
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its female victims. Numerous works about women, crime, and criminal justice have been released since the early 1990s. The inaugural issue of Feminist Criminology, the official journal of the American Society of Criminology Division on Women and Crime, was released by Sage Publications in 2006. In addition to publishing peer- reviewed research papers on feminist criminological, female offending, victimization of women, and the treatment of women and girls in the justice systems, this magazine has broadened its focus to include feminist study.
Feminist Criminology from a Global Perspective This emphasizes on violence against women, which is a distinguishing feature of feminist criminology and a well-recognized global concern. To highlight a few concerns, research has been conducted on women’s mistreatment in countries like India, Pakistan, and Bangladesh and other Asian nation’s issues like female circumcision/genital mutilation, female infanticide, mistreated female girls, violence, etc. Since worldwide attention has been drawn to the condition of women and girls in many parts of the world, feminist research on women’s victimization has been valued (Maidment, 2006, pp. 43–62). The exploitation of women and girls in the global sex business has received a lot of attention on a worldwide scale. Feminist criminologists also research the ways in which laws and criminal justice systems across the globe may punish women for defying conventional gender norms, particularly those related to sexuality. Recently, some feminist criminologists have asserted that there has been a worldwide reaction against feminist initiatives to better the lives of girls and women, not only in developing nations but also in the West.
Conclusion There has been a rise in crimes against women and by women. In almost every country, region, society, and community, it has existed in the past. The crime has a lot to do with how poorly women are regarded in society. There are different forms of violence. Physical, mental, emotional, domestic, and public violence that all are affected. Women are the group in society that is most oppressed and subjugated. Despite the fact that many steps have been taken in the areas of education and economic independence, they are still far from improving their situation, which directly or indirectly contributes to the rise in crime by women. The combination of gendered roles for women restricts them participation in and access to decision-making processes, which ultimately leads to an uneven allocation of power. The unequal distribution of power manifests itself in several ways in crimes against women. Researchers from a variety of fields have sought to examine the different crimes that target women, including rape, rape in conflict, rape in personal relationships, forced prostitution, rape against prostitutes, and rape in intimate relationships.
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In fact, criminology has historically favored males, and some academics contend that men’s criminality builds women as “generally good” and desirable to men while simultaneously giving rise to the concept of the “unusually terrible” women who would pose a threat to societies. Because of this, it is frequently overlooked in criminological and sociological understanding that “typically virtuous” women also commit crimes (ibid). It disregarded the notion that the societal distinctions between male and female crime types are the results of a patriarchal system as well as the so-called “unusually evil” women. Therefore, the primary focus of feminist criminology is on the involvement of gender in violence, particularly violence against women. The sociopolitical context, which refers to the social and economic setting in which all crimes occur, has also been examined by feminist ideas. For instance, feminist criminology has looked at how private and public acts of violence differ in terms of whether they are more common in one sphere than the other. Feminist criminology considers crimes against women as particularly wrong or “unconvincing” in certain ways because of the persistence of the patriarchal system, in which males predominate over women in positions of authority. These “ways” relate to the various elements that contribute to male privilege and include class, ethnicity, nationality, and sexuality. Some feminists have embraced the notion that women commit less crimes than males do or that they are more “usually virtuous” than men. Other feminists, however, believed that there are more similarities than differences between men and women and that gender is only a minor consideration in crime.
References Agnew, R. (1992). Foundation for a general theory of crime and delinquency. Criminology, 30, 47–87. Barry, S. G., Lawrence, P., & Williams, C. A. (2008). History & crime (pp. 16–21). Sage. Belknap, J., & Holsinger, K. (2006). The gendered nature of risk factors for delinquency. Feminist Criminology, 1, 48–71. Bertrand, M. A. (1969). Self-image and delinquency: A contribution to the study of female criminality and women’s image. Acta Criminological, 2, 71–144. Britton, D. M. (2000). Feminism in criminology: Engendering the outlaw. Annals of the American Academy of Political and Social Science, 571, 57–76. Broidy, L. M., &Agnew, R. (1997). Gender and crime: A general strain theory perspective. Journal of Research in Crime and Delinquency, 34, 275–306. Burgess-Proctor, A. (2006). Intersections of race, class, gender, and crime: Future directions for feminist criminology. Feminist Criminology, 1, 27–47. Chesney-Lind, M. (2006). Patriarchy, crime, and justice: Feminist criminology in an era of backlash. Feminist Criminology, 1, 6–26. Chesney-Lind, M., & Pasko, L. (2004). The female offender: Girls, women and crime (2nd ed.). Thousand Oaks, CA: Sage Cook, K. J. (2016). Has criminology awakened from its “androcentric slumber”? Feminist Criminology, 11(4), 334–353. Daly, K., & Chesney-Lind, M. (1988). Feminism and criminology. Justice Quarterly, 5, 497–538.
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Fine, B. et al. (1979). Capitalism and the rule of law. London: Hutchinson. Hagan, J. (1989). Structural criminology. New Brunswick, NJ: Rutgers University Press. Heidensohn, F. (1968). The deviance of women: A critique and an enquiry. British Journal of Sociology, 19, 160–176. Heimer, K., & De Coster, S. (1999). The gendering of violent delinquency. Criminology, 37, 277–318. Maidment, M. (2006). Transgressing boundaries: Feminist perspectives in criminology. In W. S. De Keseredy & B. Perry (Eds.), Advancing critical criminology: Theory and application (pp. 43–62). Lanham, MD: Lexington Books. McCarthy, B., Hagan, J., & Woodward, T. S. (1999). In the company of women: Structure and agency in a revised power-control theory of gender and delinquency. Criminology, 37, 761–788. Merton, R. K. (1938). Social structure and anomie. American Sociological Review, 3, 672–682. Messerschmidt, J. W. (1986). Capitalism, patriarchy and crime: Toward a socialist feminist criminology. Totowa, NJ: Rowman & Littlefield O’Malley, P. (1987). Marxist theory and Marxist criminology. Crime and Social Justice, 29, 70–87. Otto, U. (1995). Introduction: For a history of female crime in the early modern age or: Gender history, historical research on crime and female crime. In U. Otto (Ed.), Of Whores and Raven Mothers: Female Crime in the Early Modern Age (pp. 1–35). Böhlau. Pillai, K. R., Prasad, S., & Thomas, J. (2011). Why do women still experience downward gravitation in the corporate ladder? A close look at glass ceiling at Bahrain. Research & Practice in Human Resource Management, 19(1), 1–10. Schmidt, A., & Pluskota, M. (2013). Dangerous women, violent men? A review of the historical research on crime and gender in European cities 1600–1900, Stadsgeschiedenis 8(1), 60–77. Spohn, C., & Brennan, P. K. (2013). Sentencing and punishment. In C. M. Renzetti, S. L. Miller, & A. Gover (Eds.), Routledge international handbook of crime and gender studies (pp. 213–225). London: Routledge Stanko, E. (1990). Everyday violence. London: Pandora Press. Steffensmeier, D., & Allan, E. (1996). Gender and crime: Toward a gendered theory of female offending. Annual Review of Sociology, 22, 459–488. Straus, M. A., & Gelles, R. J. (1986). Societal change and change in family violence from 1975 to 1985 as revealed by two national surveys. Journal of Marriage and the Family, 48, 465–479. Ted, R. G. (1981). Historical trends in violent crime: A critical review of the evidence. Crime and Justice, 3, 295–353. Warr, M. (1993). Parents/Peers, and Delinquency. Social Forces, 72(1), 247–264. White, R., Haines, F., & Asquith, N. L. (2012). Crime and criminology. Oxford: Oxford University Press.
Chapter 3
COVID-19 and Women: Incarceration, Economic Pressure, Medical Facilities, and Health Issues
Introduction Coronavirus (COVID-19) was a global epidemic caused by the novel coronavirus that was consequential in widespread illness and fatalities of millions of people. Society has been affected by wide-ranging impacts of the COVID-19 pandemic, with various aspects of people’s lives. It had a significant disruption to economies and societies, stringent measures such as lockdowns, job losses, tense healthcare, and business closures bringing about social and economic challenges in every corner of the globe (Liu & Liu, 2020). On January 2020, COVID-19 was placed a Public Health Emergency of International Concern (PHEIC), with an official toll of 171. A total of 1,813,188 deaths were recorded by December 2020. Yet preliminary in 2020 estimated that a total number of global deaths attributable to the COVID-19 was at least 3.3 million more deaths than officially reported to WHO. A significant undercount of total deaths directly and indirectly attributed to COVID-19 was likely faced. However, function of civil registration and vital statistics systems to provide accurate, complete, and timely data on deaths and cause of deaths were lacked by many countries. Many countries used different processes to test and report COVID-19 deaths, making comparisons difficult. To overcome these challenges, excess mortality has been relied upon in many countries as more accurate measures of the true impact of the pandemic. Excess death is a measurement as a disparity between the total number of deaths observed in a time period (during crisis) and the statistical trend under normal conditions (during reference period). COVID-19 excess mortality encompassed not only the total number of deaths directly attributed to the pandemic but also the indirect impact, including the disruption to essential health services and travel disruptions (WHO, 2023). According to report by WHO, the complete number of deaths associated directly (due to the disease) or indirectly (due to the pandemic’s impact on the health system) with the COVID-19 pandemic was exceeded approximately 14.9 million © The Author(s), under exclusive license to Springer Nature Switzerland AG 2023 A. A. Bilgrami, S. Nasreen, Women Prisoners, https://doi.org/10.1007/978-3-031-46331-0_3
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(range 13.3 million to 16.6 million) till the last day of December 2021 (referred to as “excess mortality”) (WHO, 2022). Although the pandemic-induced recession is officially over and ongoing economic recovery, it is critical to recognize that millions of individuals continue to grapple with the long-lasting impacts of job losses and income reductions (Jasmine & Julie, 2022). The pandemic had indeed posed significant challenges throughout the world, including Pakistan, leading to severe health issues in the country. Pakistan was placed among the 12 hardest-hit countries by international crisis group (2020) due to the pandemic. Despite the surge in positive cases, the government decided that lockdowns were lifted prematurely to address economic concern, all stores and shopping malls immediately reopened. However, the premature reopening of this country worsened not only for health security but also to put additional strain on the already underfunded healthcare systems. Within a month of easing restrictions, over 100,000 new COVID- 19 cases were surged. Tragically, healthcare providers strained their capacity to provide adequate care to patients because they became infected themselves with the virus, according to media report (Ur-Rehman et al., 2020). This is particularly problematic because such environment of frustration and vulnerability provides an opportune moment to exploit the crisis for their own political objectives, public’s grievances, and seeking to further their agenda (Van Mieghem et al., 2008). It is important to understand the regressive impacts of the pandemic on women because COVID- 19 was hard for women and they were more likely to face a greater socioeconomic burden and create new challenges. Before 2019, women already faced considerable barriers to achieve gender equality particularly women often experience financial disparities, equal employment opportunities, education, career advancement, unpaid domestic work, and gender- based violence (Anu et al., 2020). The WHO Executive Board aptly brings attention to the importance of women’s national and global representation in decision-making on “all outbreak preparedness and response policy.” Therefore, it is important to closely monitor how COVID-19 impacts women and girls differently; understanding the susceptibilities of them is crucial to enable federal and provincial government to respond effectively and highlight their unique needs. During the pandemic, women were more likely to suffer several major and significant issues that required a proactive response by government. These issues included economic independence, female frontline workers, mobility, gender-based violence, and girls’ education (WHO, 2023). As marked by the 25th anniversary of the Beijing Platform for Action, the year 2020 was to intend its groundbreaking impact on advancing gender equality. By all means, with the spread of the COVID-19 pandemic, restrained accomplishments in the last decades for gender equality were at risk of being rolled back. Preexisting inequalities were deepened by the pandemic, and it was also exposed vulnerabilities in social, political, and economic systems which were in turn further amplifying the impact of pandemic. In every sphere, be it health, medical facilities, economy, or social protection, the impact of COVID-19 was exacerbated; women and girls were experiencing worsened impacts of COVID-19 by virtue of their sex. While facing the epidemic, gender-based violence had been increased exponentially due to
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continuing restrictions on movement and social isolation measures, and many women were compelled to lockdown at home with abusive partners with inaccessibility of services which caused deepened socioeconomic stress. Amid the pandemic, numerous women are compelled to “lockdown” at home with their abusers, coinciding with disruptions or inaccessibility of services designed to support survivors. In the time of lockdowns, compounded economic impacts affected every individual, but especially women and girls were more suffering because they had been generally earning less, saving less, holding insecure jobs, and living close to poverty, and also increased the unpaid women work in taking the needs of children and older persons care. While reports revealed that more men died than women during COVID-19, the health of women was generally adversely impacted, including sexual and reproductive health services. Unfortunately, coronavirus also brought a whole host of challenges to women prisoners, the plight if women had been neglected or disregarded. All these impacts were exacerbated in the context of fragility, conflict, and emergencies as social cohesion was already undermined and services were limited. This chapter was focused on women health, medical facilities, incarceration and economic pressure, and how women and girls faced challenges in the face of COVID-19 pandemic (UN, 2020).
Women Economic Pressure During COVID-19 The global health emergency has been experienced arising from the COVID-19 and long-lasting consequences in direct and indirect effects on economics and societies worldwide. The virus spread in every corner of the globe; as a result of that, it led to widespread lockdowns, social distancing and travel restrictions, disruptions in globe supply chain, job losses, business closures, and economic contraction (Avdiu & Nayyar, 2020). Evidence in the early stage suggested that the pandemic ongoing economic impact disproportionately affected women. The impact on women exceeded that of past crisis and affected many sectors with a larger share of female employees, particularly negative impact in low-income female. Additionally, women’s caregiving responsibilities increased and placed an additional burden on them because of overwhelming healthcare systems, school closures, and decreased labor force participation. In manufacturing, those sectors dependent on global value chain and trade in services had largely been affected due to trade restriction and border closures, as well as on season-sensitive sectors in which many women work, such as textiles and clothing. The resulting economic challenges brought to the forefront the vulnerability of service sectors dependent on international mobility (Alon et al., 2020). Opening international markets during COVID-19 pandemic had played a crucial role in providing affordable access to essential products and foods. During pandemic, it also highlighted the valuable contribution of temporary movement of healthcare workers; majority of them were women to provide their services to the most affected countries to deal with the crisis. Governments require in such situation to enhance economic recovery by specifically addressing the unique challenges
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women face. The full potential of women can be tapped as drivers of economic growth and promoted gender equality and women’s empowerment by the implementation of policies and initiatives. This includes targeted measures such as creating an enabling environment where equal access to education, skill training, employment opportunities, and work-life balance, financial support, entrepreneurship, and healthcare would be provided (World Bank & World Trade Organization, 2020). Gender equality not only ensures social justice and fairness, but it also leads productivity, innovation, and competitiveness in economies. Untapped talents and skills of women can be harnessed if governments foster inclusive economic growth, enhance productivity, and create more resilient and equitable societies by prioritizing the needs and potential of women. As pandemic started to disappear, as economies emerged, teleworking has proved as a tool to diminish the impact of the crisis, particularly in some sectors. However, in certain economies, access to digital connections and IT skills are considerably lower for women. Empowering women with IT skills enables them to contribute to the skills development starting businesses and engage in economic development. As a consequence, this brings about sustainable and inclusive economic development and is beneficial for a whole society (AdamsPrassl et al., 2020). Indeed, limited financial means, insufficient public funds, and unequal access put significant challenges and risk to survival of women’s businesses at greater risk. Amidst periods of pandemic, these pronounced disparities become even more exacerbated, further magnifying the existing gender inequality in entrepreneurship and economic opportunities. During economic downturns and hinder, women entrepreneurs faced barriers in accessing capital and financial support, as a result, which impeded their ability to sustain their business for innovation and expansion. The inequality of access to funds not only affects individual businesses but deters the overall economic progress, as significant contributions of women-owned businesses to job creation and economic development. Throughout the world, women often play a lesser role in the informal role such as they earn less, hold less, and secure jobs and save less because they have less access to social protection. Thus, their capacity to resilience to economic shocks is less than that of men (IGC, 2021). As estimated by ILO, almost 2.7 billion workers were affected due to full or partial lockdown, showing around 81% of the world’s workforce, while IMF anticipated a substantial decrease in the overall economic output or GDP in the year 2020. COVID-19 wobbled the world economy toward a global recession, which was strikingly different from past recessions. Every individual was suffering from a difficult time because the outbreak of the pandemic forced throughout the world to put into quarantine-style lockdown. In consequences, everyone faced significant disruptions to their daily routines because they lost their sources of earning and insecurity about the future. Expert reported that mental health was affected among peoples during the pandemic due to fear of contracting the virus, which was the main cause. The pandemic also switched jobs, schooling, and some other activities over video chat, which created a childcare crisis, balancing work-from-home and parental responsibilities. In majority of cases, there exists a prevailing pattern where women shoulder all of the household responsibilities on the subject of childcare, cooking, household
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chores, and various forms of unpaid work (ILO, 2020). The unequal distribution of work is usually driven by deeply ingrained gender roles and expectations which results in a disproportionate burden on women because they often find themselves juggling professional commitments alongside the demands of caregiving and domestic responsibilities, perpetuating a gender disparity in unpaid labor and hindering progress toward achieving gender equality. The study about the pandemic’s impact on women suggests that earlier than it, women were already bearing the burden of the unpaid care work. This disparity the burden of unpaid care means that many women are doing jobs as well as looking after their families. However, after the comprehensive evaluation, it has been clarified that childcare access was not the only problem affecting women’s careers during the pandemic, but it was also affecting due to a significant gender disparity in the impact of job losses during the global employment crisis. According to research, women’s jobs were 1.8 times more vulnerable to this crisis than man’s jobs. While women constitute 39% of the global workforce, they account for an unjust higher percentage of overall job losses, representing 54%. The one reason was for this greater effect on women that the circumstance during pandemic significantly increased the burden of unpaid care (Alon et al., 2020). As estimated by research, the statistic has shown disproportionately impact of the pandemic on women, especially those women who were working in the informal sectors, standing at 750 million women working in informal sectors. When the first month of the pandemic occurred, their income fell 60%, which indicated the severe economic repercussions. They had to face crisis due to lockdown, business closures, and reduced economic activities. Women working in informal sector lack access to social protection, formal contract, financial support, and labor rights, making them more vulnerable to economic shocks and poverty. As estimated by the report, 47% of women million women had been pushed into extreme poverty during the pandemic. Extreme poverty explains as living on less than $ 1.90 per day (Kim et al., 2020). In Pakistan, the pandemic had disproportionate and varied impacts on women in the informal sector compared to men because women face often less earnings, limited jobs security, and inadequate social protection. Further, women encounter difficulties to access capital, credit, and business networks due to gender norms. These challenges required comprehensive and inclusive policies to trickle the women’s issues, including prioritizing gender equality, social protection, and sustainable economic recovery. Indeed, providing targeted financial assistance, access to healthcare, and support for women businesses/entrepreneurs and informal workers can help to play a crucial role to ease the adverse negative effects of the pandemic and developing a more playful and fair post-pandemic society. Through offering focused resources and aid to those most affected, such measures can help to take the edge off economic hardship, ensure better health outcomes, and empower women to overcome challenges during and after the pandemic. While COVID-19 had devastated women’s economic security, many women and their families were facing economic crisis after a year of the pandemic, and it had to be expected long-term effects on the incomes, wealth, and health (Ray, 2020). However, the American Rescue Plan Act (ARPA) is a historic legislative piece that is already providing its services
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much-needed relief to poorer women and their families for women empowerment, but the American Rescue Plan 2021 provided $1.9 trillion in additional relief to respond to the novel coronavirus to effect women and their families, including housing and nutrition assistance, boost the economic security of women and their families, support healthcare, and much more (Bosley et al., 2020).
Women and Medical Facilities During COVID-19 Pandemic Novel corona virus directly or indirectly affected all sectors of life. Evidence disclosed that the COVID-19 pandemic had a significant disruption in health service system, especially countries lacking in resources (Menendez et al., 2020). The crisis was worse in such countries, in which health systems were already overburdened. Therefore, a significant level of medical and health services was disrupted in early times of pandemic when it steady spread across all settings. It raised challenges on health human resource management, facility utilization, and medical supply management. Healthcare organizations lean on skilled, trained, and well- managed human resources to offer quality treatment to patients (Papautsky & Hamlish, 2020). During COVID-19, many regions had to face challenges about shortage of healthcare workers, insufficient infrastructure and equipment to meet patient demands effectively, and supply chain disruptions, leading to shortage of essential medical supplies, which caused increasing workloads and potential burnout for existing staff (WHO, 2021a). The health system was disrupted due to direct effects of pandemic and also stretches others beyond their capacity indirectly. Both preventive and curative services have been disrupted for communicable and noncommunicable diseases due to COVID-19 (WHO, 2021b). During the pandemic waves, patients were suffering from anxiety and fear, and they were unable to attend follow-ups and acute care by delaying essential services of healthcare facilities. The pandemic, in conjunction with the direct disease burden, also set forth a significant risk of indirect morbidity and mortality from other treatable diseases because of this essential health services disruption. The pandemic crisis had an impact on individuals’ psychological/mental health due to healthcare and economic and social disruption, resulting in increasing demand for mental health services, including counseling and therapy. Despite the fact that COVID-19 affected both men and women equally, it had a different impact on women because gender parity exist before the pandemic and women faced unique challenges regarding health and medical services. Research showed that domestic violence increased that women suffered greater domestic violence, which directly impacted the increase in tense, stress, and psychological/mental well-being. More women died than men during the pandemic due to different factors, as limitations on access to healthcare and resources impacted on women health extended beyond direct COVID-19 (Passos & Prazeres, 2020). According to UN Women, many women experienced difficulties seeking medical care during the pandemic. They were not able to get medical care as per required medical services, which involve various aspects of healthcare. Healthcare system and facilities were
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disrupted and reshaped due to coronavirus. It placed a strain on all healthcare workers, who provide health services for women, including access to reproductive health services, prenatal care, postnatal care, infant care, and breastfeeding (taken proper hygiene measures) (UN Women, 2020). Throughout the world, healthcare workers experienced challenges regarding workloads, shortages of personal protective equipment (PPE), and ever-evolving clinical guidance on how to provide the best care to their patient. As a matter of fact, 90% health workers for women provided information about high level of stress among pregnant women during pandemic period due to isolation, financial uncertainties, and health anxiety (Mckay et al., 2020). The World Health Organization (WHO) professed the year 2020 as the year of healthcare workers, who address healthcare the whole lifespan of girls and women on issues related to sexual and reproductive health, pregnancy, lactation, and prevention and treatment of breast and gynecological cancer, to call particular attention to the vital role to provide their services, which became even more evident during the COVID-19 pandemic (WHO, 2020). During and in the aftermath, it is estimated that 116 million babies will be born. After delivery millions of women were suffering from post-postpartum depression, required lactation support, menstrual disorders, and other medical conditions as treated cervical and breast cancer (UNICEF, 2020). This editorial highlights some of the main challenges encountered by health providers on caring for women during COVID-19 and provides suggestions for addressing these challenges: 1. Offering prenatal services and continuity of care. 2. Providing access to sexual, reproductive, and family planning services. 3. Ensuring provider safety and access to personal protective equipment. 4. Allowing patient support during labor and delivery. Healthcare workers provided services to women and girls during the pandemic and encountered a myriad of challenges to safeguard their patients and also themselves, all while balancing their professional responsibilities to take care in a rapidly evolving work environment (Green et al., 2020).
Women Health Issues During COVID-19 Pandemic Although there was some progress in few aspects of gender equality before the pandemic, the affects are in multiple ways. For instance during COVID-19, care work for women increased, creating burden on women that profoundly negatively influences their physical, mental, social, and financial health. Women were more affected due to coronavirus than men because women’s reproductive health was influenced in critical conditions (Church et al., 2020). Women, who were infected by COVID-19 pandemic, reported some problems in their menstrual cycles, involving irregular cycles, longer periods, larger blood clots, and lighter or heavier flow. Possible factors contributed to alteration in periods during active infection which
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could be fluctuations in sex hormone levels. However, changes were experienced after recovering from the infection, particularly in case of long COVID and particularly women persistently faced menstrual cycle disruptions. Doctors raised various hypotheses that possible factors for these changes could be due to stress, hormonal changes from COVID, or undiagnosed conditions. Furthermore, irregular medical service due to work loaded has impeded timely diagnoses and treatment of many individuals. Further extensive research is required to get better understanding of the links between COVID-19, long COVID, and menstrual changes (Negrao, 2021). In these challenges times, upholding the work by Society for Women’s Health Research (SWHR) was committed to provide awareness about the women’s health. Globally, the COVID-19 pandemic led to health systems to make overwhelmed (NIH, 2021). The demand for healthcare was increased as they tried to keep up with the care demands, resulting in collateral neglect to women’s health. Sexual and reproductive health services were not provided by many countries because they failed to furnish the health services about women’s reproductive health. Pregnant patients with COVID-19 were more likely to face an elevated risk of severe illness compared with uninfected pregnant women. They required to be hospitalized for intensive care (Mukherjee et al., 2021). Also, severe COVID-19 during pregnancy could increase the risk of preterm birth, stillbirth, and other complications. Pregnant and lactation mothers, who were suffering from pandemic, were highly recommended by health authority regarding proper hygiene measures. During pregnancy, the body has various changes to create a better environment for the growing fetus. Pregnant mothers having with COVID-19 had greater health risks as compared to uninfected pregnant women, for instance, increase the lung infections and increase the likelihood of blood clots. As per reports, pregnancy-related deaths increased dramatically as much as 40% during the pandemic, which was entirely linked to COVID-19. The increase in death among black women was particularly pronounced (Negrao, 2021). In 2021, as per released report by the Centers for Disease Control and Prevention (CDC), almost 1205 women died from pregnancy-related causes in developed countries; this year was made one of the worst for maternal mortality. However, maternal mortality rate was nearly 70 deaths per 100,000 lives in developing countries. According to a study published in the journal Obstetrics & Gynecology, COVID-19 was the main driver behind the increased death rate. As noted by researchers, expectant mothers who have not been vaccinated were more likely to be infected with the severe COVID, and prenatal and postnatal care faced disruptions during initial phase of epidemic. The American College of Obstetricians and Gynecologists highly recommended to pregnant women be vaccinated against COVID-19. Considering the potential risks of severe illness and mortality during pregnancy, ensuring completion of the initial COVID-19 vaccination series is of utmost importance for this population. One study revealed that women hospitalized during pregnancy were found to be not vaccinated. Pregnant women were more likely to get very sick due to COVID-19 compared to nonpregnant women (Mary, 2023). Safety and monitoring system did not found any safety concerns about miscarriage or other pregnancy-related complications among pregnant women who received mRNA COVID-19 vaccine before or during pregnancy (before 20 weeks
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of pregnancy). Also research conducted by American, European, and Canadian studies showed mRNA COVID-19 vaccine was not associated with an increased risk of pregnancy complications which involves preterm birth, stillbirth, and bacterial infections. CDC continued to monitor pregnant women during all trimesters of their pregnancy to better understand any effect of the vaccine on mothers and babies. Evidence indicated that COVID-19 vaccine was safe, effective, and beneficial at reducing the risk of getting very sick from COVID-19 for all individuals, including for both mother and growing baby, and also helped to prevent stillbirths. Although, there were rumors and fake news about the efficacy of the vaccine, it did not cause COVID-19 and was not harmful for fertility in men or women (Shimabukuro et al., 2021). Nonetheless, research about the side effects after vaccination with mRNA COVID-19 is in process (Badell et al., 2022).
The Impact of COVID-19 on Women Prisoners As stated by Nelson Mandela, “No one truly knows a nation until one has been inside its jails and a nation should be judged not by how it treats it highest citizens but its lowest ones.” The appearance of the COVID-19 pandemic brought many human rights challenges but especially for those incarcerated in prison deprived of their liberty. Certainly, the susceptible community of incarceration experienced a magnified and intense human rights impact of the pandemic. This was particularly notably deserving of considering that states had positive obligations under international human rights law to provide a shield to the well-being and rights of those in their custody (Prais, 2020). The outbreaks of COVID-19 in prisons expressed significant public health challenges, as these prisons could eventually rejoin the broader community. It was crucial to take effective measures to place emphasis on well-being of prisoners that directly affects the overall health of the community. Ensuring appropriate measures and strategies could become imperative to protect public health at large. Unfortunately, health facilities extend beyond the boundaries of prison. This principle is clearly provided by binding international human rights law, as well as the Mandela Rules (Stefan Enggist, 2020). UN Standard Minimum Rules are commonly known as Nelson Mandela Rules which exist to protect the prisoners including access to healthcare services, accommodating special needs, day-to-day activities, and contact with their family and outside the world. Furthermore, the Mandela Rules include specific guidelines concerning prison management involving prison staff trained rules on discipline and sanctions and record-keeping. Indispensably, the Mandela Rules are made up of ground in principle of compassion and dignity (Prais, 2020). Indeed, it is widely acknowledged that people in prison often experience poorer health compared to the general population. Several factors contribute to this disparity, including limited access to healthcare, higher prevalence of preexisting health
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conditions, and the challenging living conditions within correctional facilities. Addressing the health inequities in prisons becomes even more critical, considering that these individuals will eventually reintegrate into society, potentially impacting public health outcomes beyond the prison walls. Ensuring adequate healthcare and support for incarcerated individuals can play a significant role in improving their overall health and well-being, as well as promoting a healthier and safer community upon their release. Yet it is widely accepted that people in prison are in poorer health than those in the wider community, especially infectious diseases including tuberculosis (TB), HIV, and hepatitis C. The vulnerability of prisons to COVID-19 was heightened by the overwhelming poor health of incarceration (Crowley et al., 2020). The situation was exacerbated by prison healthcare systems, which were characterized by poor and under-resourced facilities in many parts of the world. In poor countries where the health system was already overwhelmed before pandemic including Pakistan, but as the pandemic spread throughout the world, the healthcare system deteriorated further. The Supreme Court of Pakistan recommended for releasing under-trial prisoners charged with non-prohibitory offence or offences carrying less than 3-year sentence for bail. Eligible categories for bail included suffering from ailments or physical/mental disabilities, all women and juvenile under- trial prisoners, and other under-trial prisoners (including male) over 55 without the past convictions. However, this recommendation contributed to reduce prisoners’ population from incarceration; the order excluded other at-risk populations, potentially leaving them vulnerable to the risks associated with COVID-19 within prison settings (Legal Rights Forum, 2020). As shown by the Global Prison Trends Report 2020, in Bangladesh, only ten doctors were available for serving a total of 86 prisons across the country. In more developing countries, poor healthcare was also an issue related to prisoners’ health, which was criticized by the UN Committee Against Torture for its inadequate prison healthcare services. Poor conditions of jail and overcrowding only aggravated the problem due to poor-standard hygiene. COVID-19 placed these systems under even greater strain, as making it challenging to provide the required healthcare too effectively during pandemic. Unfortunately, prisoners were not able to measure social distancing due to overcrowding. They were unable to obtain basic facilities. In many prisons, access to basic essentials such as soap, water, and hand sanitizer was limited. The situation for women in prison was even more critical during pandemic because they needed additional support for their reproductive health issues, which encircle menstruation, pregnancy, and prenatal and postnatal care. In such situation, tackling these specific needs becomes essential for ensuring the well-being and dignity of incarcerated women. One of the most concerned issues was suspension for visiting from outside for effort to stem and contain the spread of the virus. Indeed, most developed and developing countries implemented such restrictions on prisoners’ relative in incarceration as a response to the COVID-19. Absolutely, international human rights standard recognizes the importance of maintaining contact between outside world and incarcerated persons because of upholding the dignity, mental well-being, and social connections of those in prison, even during challenging times such as a pandemic. A critical challenge was faced by authorities during this unprecedented global health crisis,
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involving striking a balance between public health concerns and respecting human rights (Amon, 2020). The Bangkok Rules, particularly, emphasize that facilitating and encouraging such contact with outside world should be done for women by all reasonable means. The opportunity to receive visits from their family members in jail, is a critical lifeline for women who rely on them for essential items including foods, clothing, and hygiene products, especially during COVID-19 pandemic. In certain instances, the absence of sufficient healthcare has resulted in tensions within women’s prisons (Prais, 2020). In Greece, women prisoners demanded to take measures to safeguard women’s health and alleviate overcrowding, following the deaths of the detainee due to COVID-19, for which they resorted to burning mattresses. Some authority suggested their best appearance to take the necessary preventive measures to protect women in prison. Countries’ authority purchased some gloves and facemasks and designed isolation rooms to quarantine women prisoners suffering with COVID-19 symptoms. Additionally, new arrivals to the women’s prisons either from courts or other places, were quarantined for 14 days and educated for safety hygiene practices and then will be examined by medical professionals to ensure their fitness for releasing into general population. But the pandemic affected not only women but also extended beyond the women prisoners to include prisoners’ staff, many of whom were women. Working with in a critical environment increased the risks and challenges for female employees who were providing essential services to women prisoners. However, the prison authorities had the responsibility to provide safe environment to medical staff, as the risks of prison staff of contracting COVID-19 were very real. As per the report, over 5000 medical staff contracted the virus during providing essential services only in the United States. In this manner, both staff and prisoners should have provided essential items, including adequate soaps, hand sanitizers, and personal protective equipment (PPE) (Ward et al., 2021).
Conclusion COVID-19 had a deep impact on individuals, especially women because they were facing economic pressure and dealing with health issues and incarcerated women. Women in prison had been at increased risk due to limited access to healthcare being mismanaged for the reason of overcrowded conditions. The pandemic worsened gender disparities, with women shouldering a disproportionate burden of facing job losses, leading to economic strain and unpaid labor. Moreover, the pandemic’s effect on healthcare systems had further disadvantaged women, hindering their access to essential medical services and reproductive health support. Women, both in prison and in marginalized communities, had been at a heightened risk, and specific measures were taken to address their unique needs. In response, government required to prioritize women’s health and well-being during the pandemic including hygiene essentials, ensuring access to healthcare, and support for their specific reproductive health requirements. Women should be
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empowered socially and economically that is essential for building a more resilient and inclusive post-pandemic society. Recognizing and respecting human rights, including the rights of incarcerated women, was crucial during these challenging times. Balancing public health concerns with the protection of women’s rights was vital in creating a fair and equitable response to the COVID-19 crisis. Lessons learned from this pandemic should drive us to create more resilient systems that prioritize the health and well-being of all women, regardless of their circumstances.
References Adams-Prassl, A., Boneva, T., Golin, M., & Rauh, C. (2020). Inequality in the impact of the coronavirus shock: Evidence from real time surveys (CESifo working paper no. 8265). Alon, T., Doepke, M., Olmstead-Rumsey, J., & Tertilt, M. (2020). The impact of COVID-19 on gender equality. CRC TR 224 Discussion Paper Series crctr224_2020_163. University of Bonn and University of Mannheim, Germany. Amon, J. J. (2020). COVID-19 and detention: Respecting human rights. Health Human Rights, 22, 367–370. Anu, M., Olivia, W, Mekala, K., Deepa, M., & Xavier, A. (2020). COVID-19 and gender equality: Countering the regressive effects. McKinsey. https://www.mckinsey.com/featured-insights/ future-of-work/covid-19-and-gender-equality-countering-the-regressive-effects Avdiu, B., & Nayyar, G. (2020). When face-to-face interactions become an occupational hazard: Jobs in the time of COVID-19 (World Bank policy research working paper no. 9240). Badell, M. L., Dude, C. M., Rasmussen, S. A., & Jamieson, D. J. (2022). Covid-19 vaccination in pregnancy. BMJ, 378, e069741. Bosley, C., Reyes, M., Green, J., & Bloomberg (2020). How millennials are being set back by back-to-back financial crises. Fortune. https://fortune.com/2020/04/11/ millennials-coronavirus-great-recession-economy-personal-finance/ Church, K., Gassner, J., & Elliott, M. (2020). Reproductive health under Covid-19– Challenges of responding in a global crisis. Sexual and Reproductive Health Matters, 28, 1–3. Crowley, D., Cullen, W., O’Donnell, P., & Van Hout, M. C. (2020). Prison and opportunities for the management of COVID-19. BJGP Open, 4, 19–21. Enggist, S. (2020). COVID-19: The case for rethinking health and human rights in prisons. American Journal of Public Health. Green, L., Fateen, D., Gupta, D., McHale, T., Nelson, T., & Mishori, R. (2020). Providing women’s health care during COVID-19: Personal and professional challenges faced by health workers. International Journal of Gynaecology and Obstetrics, 151(1), 3–6. IGC. (2021). Has COVID-19 exacerbated gender inequalities in Pakistan? https://www.theigc. org/blogs/gender-equality/has-covid-19-exacerbated-gender-inequalities-pakistan ILO. (2020). As job losses escalate, nearly half of global workforce at risk of losing livelihoods. https://www.ilo.org/global/about-the-ilo/newsroom/news/WCMS_743036/lang%2D%2Den/ index.htm Jasmine, T., & Julie, V. (2022). Resilient but not recovered: After two years of the COVID-19 crisis, women are still struggling. National Women’s Law Center. https://nwlc.org/wp-content/ uploads/2022/03/FINAL-NWLC-Resilient-But-Not-Recovered-3.29.22.pdf Kim, S., Koh, K., & Zhang, X. (2020). Short- term impact of COVID19 on consumption and labor market outcomes: Evidence from Singapore (IZA discussion paper 13354).
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Legal Rights Forum. (2020, March 25). Policy paper: Protection of Pakistani prisoners during COVID-19 pandemic. http://lrfpk.org/wp-content/uploads/2020/04/Policy-Paper Protection-of- Liu, J., & Liu, S. (2020). The management of coronavirus disease 2019 (COVID-19). Journal Medical Virology, 92, 1484–1490. Mary, L. (2023). COVID led to rise in pregnancy-related deaths: New research, WebMD. https://www.webmd.com/covid/news/20230316/covid-led-rise-pregnancy- related-deaths-new-research McKay, D., Heisler, M., Mishori, R., Catton, H., & Kloiber, O. (2020). Attacks against health-care personnel must stop, especially as the world fights COVID-19. Lancet, 395, 1743–1745. Menendez, C., Gonzalez, R., Donnay, F., & Leke, R. (2020). Avoiding indirect effects of COVID19 on maternal and child health. The Lancet Global Health, 8(7), 863–864. Mukherjee, T., Khan, A. G., & Dasgupta, A. (2021). Reproductive justice in the time of COVID-19: A systematic review of the indirect impacts of COVID-19 on sexual and reproductive health. Reproductive Health, 18, 252. Negrao, N. (2021). The impacts of COVID-19 on women’s physical health; Pregnancy, periods, long COVID and vaccine side effects: Lots of questions remain unanswered. ASBMA Today. https://www.asbmb.org/asbmb-today/science/051121/covid-19-women-physical-health NIH. (2021). NIH begins study of COVID-19 vaccination during pregnancy and postpartum. https://www.nih.gov/news-events/news-releases/nih-begins-study-covid-19-vaccinationduring-pregnancy-postpartum Papautsky, E. L., & Hamlish, T. (2020). Patient-reported treatment delays in breast cancer care during the COVID-19 pandemic. Breast Cancer Research and Treatment, 184(1), 249–254. Passos, L., & Prazeres, F. (2020). Impact on mental health due to COVID-19 pandemic: Cross- sectional study in Portugal and Brazil. International Journal of Environmental Research and Public Health, 17(18), 6794. Prais, V. (2020). The impact of COVID-19 on women prisoners. Human Rights Pulse. https://www.humanrightspulse.com/mastercontentblog/the-impact-of-covid-19-on-women- prisoners?format=amp Ray, M. (2020, June 2). Imran Khan lifts lockdown amid rising COVID-19 cases, urges Pakistan to ‘live with the virus’. Hindustan Times. Shimabukuro, T. T., Kim, S. Y., & Myers, T. R. (2021). Preliminary findings of mRNA Covid-19 vaccine safety in pregnant persons. The New England Journal of Medicine, 384, 2273–2282. UN. (2020). Policy brief: The impact of COVID-19 on women. file:///C:/Users/Aqeel/Desktop/ policy-brief-the-impact-of-covid-19-on-women-en.pdf. UN Women. (2020). COVID-19: Emerging gender data and why it matters. https://www.unwomen. org/en/hq-complex-page/covid-19-rebuilding-for-resilience?gclid=CjwKCAjw5_GmBhBIEi wA5QSMxDEYiNo4cc4Izh5W7NcsviI2v2Aoe3Nt6Q2cQNfR0orMx06rCZWroRoCWB0QAvD_BwE UNICEF. (2020). Pregnant mothers and babies born during COVID-19 pandemic threatened by strained health systems and disruptionsin services. UNICEF website. https://www.unicef. org/press-releases/pregnant-mothers-and-babies-born-during-covid-19-pandemic-threatened- strained-health Ur-Rehman, Z., Masood, S., & Abi-Habib, M. (2020). Pakistan’s lockdown ended a month ago. Now hospital signs read ‘full’. The New York Times. https://www.nytimes.com/2020/06/15/ world/asia/pakistan-coronavirus-hospitals.html Van Mieghem, P., Omic, J., & Kooij, R. (2008). Virus spread in networks. IEEE/ACM Transactions on Networking, 17(1), 1–14. https://doi.org/10.1109/TNET.2008.925623 Ward, J. A., Parish, K., DiLaura, G., Dolovich, S., & Saloner, B. (2021). COVID-19 cases among employees of U.S. Federal and State Prisons. American Journal of Preventive Medicine, 60, 840–844. WHO. (2020). WHO Director-General’s remarks on World Health Day (2020). WHO website: https://www.who.int/dg/speeches/detail/who-director-general-s-remarks-on-world-health-day
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WHO. (2022). 14.9 million excess deaths associated with the COVID-19 pandemic in 2020 and 2021. https://www.who.int/news/item/05-05-2022-14.9-million-excess- deaths-were- associated-with-the-covid-19-pandemic-in-2020-and-2021#:~:text=New%20estimates%20 from%20the%20World,13.3%20million%20to%2016.6%20million WHO. (2023). The true death toll of COVID-19: Estimating global excess mortality. https://www. who.int/data/stories/the-true-death-toll-of-covid-19-estimating-global-excess-mortality WHO, author. (2021a). Attacks on health care in the context of COVID-19. WHO. https://www. who.int/newsroom/feature-stories/detail/attacks-on-healthcare-in-the-context-of-covid-19 WHO, author. (2021b). COVID-19 significantly impacts health services for non- communicable diseases. WHO. https://www.who.int/newsroom/detail/01-06-2020-covid-19-significantly- impacts-health-services-for-noncommunicable-diseases World Bank and World Trade Organization. (2020). Women and Trade: The role of trade in promoting gender equality. https://www.wto.org/english/news_e/news20_e/rese_30jul20_e.htm
Chapter 4
Women in the Criminal Justice System, Research Methodology, and Case Studies
Feminism has played a crucial role in describing and creating understanding about women who are part of criminal justice system whether raising voices for justice or just part of judicial system while giving services to provide justice to women (Wormer & Bartollas, 2021). In this regard, many of feminists had raised the argument that who is “women” whether it falls under gender category or sex category? It is also a reality that these two terms have been used interchangeably. However, after evolution of feminism, the terms gender and sex were defined separately in order to identify causes behind the differences among women and men in the society. Sex defines as biological and physiological differences among male and female in the society, whereas gender is constructed by the culture and society where masculine and feminine traits have been assigned to them in order to identify their gender whether men and women (Fausto-Sterling, 2012). For instance, in early postulates of criminology, it was supposed that female offenders were more masculine rather than feminine, as both sex and gender were different terms but can be interrelated while studying women and crime. As more researches and studies have been undergone for widening the subject related to women and crimes, so this has picked up momentum after social and political movements of feminism around the globe. The women’s and civil rights movements had raised multiple issues of the society, and of course criminal justice system is also one of those discussions. The process of women’s liberalization has stared in form of waves, i.e., the first wave of feminism is about the suffragette movement, rights to vote; however the second was about sexual rights, legal rights, and reproductive rights (Russell, 2012a, b). This was the time when very first-time scholars had shed light differently on women and offenders, because previously women have never been researched in regard to crime and criminal behavior. In fact, there were also little female criminologists and few women offenders in comparison with male counterparts; it is not surprising to mention that females were out of the research study while studying criminal behavior. Many of feminists have focused or given attention to socioeconomic and political inequalities and differences among men and women, but few feminist © The Author(s), under exclusive license to Springer Nature Switzerland AG 2023 A. A. Bilgrami, S. Nasreen, Women Prisoners, https://doi.org/10.1007/978-3-031-46331-0_4
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criminologists have gained attention toward criminal justice system (Renzetti, 2013). However liberal feminism focused only on gender rather than multicultural identities which are one of the major barriers to women; this concept had received many criticisms because of narrowed vision of this ideology. The concept of individualism is criticized for its shortcomings to see women criminals separately, because women criminal behaviors and reasons behind offences are unveiled in certain societies or cultures. However, another idea asserted that women universally get affected by the patriarchy and have further dubious assumptions by the shared group of women in which the first common experience is that women are oppressed by men and this has been recorded that it is a unified experience of all women (Hagan, 2010). Feminist criminologists argue that criminal justice system to evolve laws and policies for female offenders and also encourage to identify the female victimization in the society, with having relevant queries How women experience victimization? Who are common offenders? And importantly how criminal justice system responded to the women victimization cases? because it is observed that there are so many historical inherent gendered crimes which are ignored by the criminal justice system. There are multiple examples that appear as female victimization, i.e., rape culture, sexual assault, violence by intimate partner, stalking, and so on. In fact, women being offender are also ignored because of variety of unique circumstances and invisible as offender from the male offending population (Russell, 2012a, b). The feminists and researchers have criticized traditional criminological approaches which failed to cater women lives and experiences in regard to victimization and crimes. Similarly, the ratio of women’s employment in criminal justice system is lowest because women were traditionally being out of male-dominated economic sectors. As the women’s movements are widening and capturing mass number to overcome discrimination rates even in every corner of the society, women began to enter in such occupations but faced hypermasculine culture that creates multi-challenges for women at every turn. Women growing in large number to those occupations in this modern era which were male-dominated by nature previously continue to struggle for achieving equality in every field, but still observed glass ceiling which is now the most confronted problem among educated women in the society (Grace, 2022). In addition, traditionally and historically women were being underrepresented in the legal and legislation fields; however it is also a reality that a number of women as law graduates are also increasing; there are around 38% of women lawyers in which there are 22% equity partners around the globe (Profile of the Legal Profession, 2022). The numbers have been gradually improving in the past decades, and law firms are active in enhancing diversity among partner demographics including women; this profession is struggling hard to prevent imbalances but still has far to go. In this regard, the further text leads to give deeper information about the causes of underrepresentation, how law firms can bring changes within system in order to bring equality, and also embracing diversity within modern law firm. Meanwhile, where the number of women climbed in legal field, there are also groups of women who are struggling hard to elevate women’s status in law profession, including if there is no progress, many of them become reluctant to move
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forward and do not stay in the same field. The following are the barriers women faced in law profession mostly: • Especially for women it has become difficult to find mentors and role models in a way to navigate the profession further, to land interviews or discuss about the careers and opportunities. In such situation women attorneys lack relatable people assistance where they develop their skills to continue the law profession (Sax, 2009). • Gender discrimination exists in every profession of the world, but it is far higher in legal field as compared to other professions of the world. The main areas where women attorneys faced gender biasness are during hiring process, while negotiating salaries, especially in promotions, bias during the selection of delegation, and other hidden area. It is difficult for women to advance their careers in such existing discrimination in legal fields; in this regard around 74% of women attorneys informed that most of women leave law practice in their start of career and while moving through various roles and stages due to massive problems they faced at initials (Deo, 2019). At this moment, in many of cases, male counterparts are given more opportunity as women are supposed to be not suitable for certain cases and caseloads. However, women roles are commonly visible behind the scene rather than in forefront at court summons; such women attorney is usually inculcated in contract reviews without being offered into complex litigation cases. • Women attorneys are about to fail in maintaining work-life balance, as the legal field demands attributed with traditional law firms and big laws that leads to the departure of women as a whole. According to Leopard Solutions Survey, about 70% of women attorneys said that childcare and household responsibilities were not driving force that they decided to switch jobs; about 90% departed from jobs because of their workplace cultures; around 82% stated that there was lack of flexibility during work schedules which became the reason to leave job; and 74% expressed their thoughts that at the time of career trajectory, women droved to depart because there was no mentorship to give them space for development of new skills, roles, and responsibilities (Leopard Solutions, 2022). • Women attorneys not taken seriously in this profession because people see that “legal profession is man’s world” which is a big reality; in fact judges, clients, and people working together discuss matters with women but final decisions are always taken by male authorities in legal fields. The Leopard Solutions recommended that we can improve women entry into legal fields through “letting women speak and amplify their voices” (JDSUPRA, 2023). • Gender pay gap is also a biggest concern in many of law firms in the world; this problem is prevalent among high-level officials and appellate attorney and in big law firms, in which women earn less than their male counterpart. In this regard, many of practitioners have urged employers to provide them equal opportunities in career growth without any gender discrimination. It is also suggested that women should be given flexible hours in a way to maintain balance of work and personal life (Foubert, 2010). There must be strong transparency while allocating
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funds and bonuses equally in comparison of male colleagues. Many of practitioners suggested that there must be transparency laws which could be implemented to the legal industry and to adapt changes. • Another serious problem is of sexual harassment among women in various professions, though there has been massive awareness but still the condition found troubled in big law firms and also even in solo practitioners. This profession makes it difficult for women to retain talented attorneys, because if the firm has high turnover rate of minorities and women, then it must be hard to look and to perform exit interviews in order to get insight information on why such significant rate of women are leaving jobs (Brockman, 2001). There is emphasis over improving women’s status in law firms, so it is advised by the practitioners that women attorneys must be encouraged to interact about their experiences and problems they faced on daily basis and also the hurdles which limited women from further advancement. It is enforced that gender discrimination will not be tolerated at any cost and to promote zero gender biasness while giving promotions in the legal firm. The lawyers’ profession is vast and complicated in its own sense which requisites transparency in the system including to organize workshops and trainings to think over unconscious biasness in the legal firms that brings positive changes to the workplace. The nations should encourage minorities to raise voice with allied partners in supporting gender equality including all equalities that have been enjoyed by any single individual being privileged in the society. Meanwhile, according to facts women attorneys have been increasing, as first woman attorney was Arabella Mansfield at the Iowa bar in 1869, till 1970 there were 8000, in 1980 it was 27,000, and till 1990 there were 63,000 women attorneys in the United States. During 2022, it has been investigated that now the figure went up to 490,000 in the United States; this grown-up situation has brought multiple ease and awareness for women’s support in law (Ford, 2021). Here we have few case studies of women attorneys who had work brilliantly to prove them successful entities in the law profession from various places of the world, which are as under: Margaret Brent was the first lawyer in Colonial America who practiced to adopt it as profession who became executor of the Estate of Lord Calvert and also the Governor of the Maryland; according to available records, she has gone through more than hundred court cases in Maryland and Virginia. After remarkable achievements of Margaret, there was no single female lawyer evident in the history that practiced cases in the court till mid of 1800 century (Wright, 2001). Myra Bradwell personality was unveiled in “Chicago Legal News” where she was found pioneer woman in practicing law in year 1868, where she wrote a column related to “Law relating to women” and also highlighted the heat-debated topics such as suffrage and was the first lady who appealed to the Supreme Court, United States, to file case against sex discrimination in history of American jurisprudence (Friedman, 2019). Lettie Burlingame was also known as “Stanch Suffragette” who established organization for female law students, namely, “The Equity Club,” at the University of
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Michigan, which was marked as the first professional women lawyer group that also initiated private practice for female lawyers, and she was proven herself highly skilled lawyer till her death in 1890 (Buenger, 2010). Genevieve Rose Cline was also a famous woman in American history in legislations; during 1928 she was appointed as the first woman federal judge of US Customs Court and served 25 years. Her law studies were completed in 192 from Baldwin- Wallace College and then she started practice in private law firm. At the start of her career, Cline was an advocate of consumer protection, women’s rights, and suffrage movements of that era (Kittilson, et al., 2021). Hillary Rodham Clinton is generally known as female politician and a former presidential candidate; however she holds strong career in legal fields. She studied from Yale Law School and is a corporate lawyer who has defended number of cases of many companies and corporations while serving more than 15 years for “Rose Law Firms.” She also served as senator and secretary of State and has many achievements in political history and in shaping legal spheres of the United States (Blumenthal, 2017). Sandra Day O’Connor was the first ever female justice of the US Supreme Court, being known trailblazer and role model for other newly entered female lawyers in the legal field. She has completed her degree in Economics and Law from Stanford University in 1950, and all has been accomplished when women had have lesser opportunities in educational institutions or even during practicing law. Within 26 years of contribution, she attempted to resolve issues concerning abortion, gender issues, sexual harassment, inequalities, and so on (Thomas, 2019). Similarly in Asian states, to enter into male-dominant arena, females are judged by their feminine look and appearance, not by their qualification, passion, and abilities. According to one another research, it is observed that younger and inexperienced lawyers have to face many challenges, but women and LGBTQ community faced another level of hindrances within this profession. Within legal field, human rights lawyering is fortunate where male lawyers or mentors work and train fresh lawyers regardless of sex and gender in their firms (Lyttleton, 2000). Sirikan Charoensiri is a Thai lawyer who stated that female lawyers have to encounter gender-based issues, discrimination on the basis of sex, and stigmatization. She shared that she was presented as pro-democracy or political dissident activist in a protest where civil servants make fun of her and called her as “Little beauty miss lawyer” in public seminar and also received rape threats on social media. In such scenario judges and seniors do not allow her to lead in the courtroom (Lawyers for Lawyers, 2022). Lubna Shuja is an Asian Muslim woman who belongs to a working-class family and did not come from privileged background as she made legal history and surpassed 200-year history after being appointed as the seventh Female President of the Law, UK. Lubna is a sole practitioner at her firm “Legal Swan Solicitors” which was established in 2007. She has improved many of legal options such as make options available for public those who cannot bear lawyers consultancy fee and other expenses and also put pressure on higher authorities over gender wage
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gaps that have existed for the last 25 years in such situation lawyers are leaving their professions especially minorities including women without any legal aid. In the history of court, there was a story that judge refused woman lawyer to attend court session; the reason was she was not wearing skirt; in such scenario Lubna urged court to change the rules and allow women lawyers to put on pants in courtrooms rather than only skirts and stated, “I managed to persuaded them they had to change this rule of no trousers for women because it discriminated against me as a women and discriminated against me as a Muslim and discriminated against all women in the firm” (American Muslim Today, 2023). Meanwhile, Pakistan is the only country in South Asia who has never appointed woman as Chief Justice of Supreme Court of Pakistan. More than 70 years of independence, the legal system is occupied by male monopolist which has been questioned country’s constitutional rights of equal opportunities in every profession equally. There are a number of structural issues that exist as primarily the chambers constitute of one or two senior lawyers, where fresh graduates do not get enough opportunity in terms of apprenticeship in a way to learn more skillful abilities in legal profession; this caused failure to legal education and little platform available to practice law in Pakistan. Law students commonly opt Punjab Law College courses or approach external degrees of the University of London by following practical drafting, advocacy, and negotiating skills in a way to learn legal practice. In current scenario, junior lawyers or beginners in the field used to beck and call by their seniors on sum of very meager stipend though the opportunists feel glad or lucky to have such chances in their start of career. Such environment creates trouble for beginners because professional advancement is purely in hands of generosity of seniors (especially dependent of male lawyers) (HRCP, 2007) and mostly nobody invests more on women practitioners as they are responsible for homemakers and childrearing in private sphere of the family. Additionally, women joining the profession of law, are often asked questions when they get hired in the firm on when will they get married, subjected and said that female associates are useless to be part of firms in long term as they relegated toward domestic life and never pursue law profession. In addition, when women get chance of employment in legal firms, while practicing law they are frequently restricted to research and drafting rather than confront cases in front. It is identified that gender segregation is still a recurring theme for the last several decades regardless of firms’ size and manifestos; female lawyers usually gathered unofficially as female associates in confined rooms which are hidden in offices and also limit their conscience toward higher-ups (The Express Tribune, 2023a, b). According to available information, men usually hesitate to inculcate female lawyers into top earning cases as they thought client may perceive idea that case may not be dealt seriously. In this scenario, male colleagues used to delegate oral arguments with the client in meetings, whereas women used to research and do heavy lifting tasks while preparing for the case. In Pakistan, law firms unofficially impose mandatory hours for
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women which are fewer in comparison with male associates due to the reason that female lawyers’ career is automatically at disadvantageous state (Malik, 2018). Case Studies of Pakistani Female Lawyers: It is attributed that the law profession is a male-dominated sector in Pakistan. However, the presence of females in law schools is also very low as compared to males in the wake of female lawyers’ ratio among men being rare, and similarly female judges are even rarer. As the society is based on patriarchal system so, it is believed that legal profession is rough and tumbles due to the reason females are discouraged to join this legal field. Here we have few examples of female lawyers who have showed massive determination and persistence, who broke the mold and achieved milestone in legal profession. Hina Jilani is a renowned lawyer, who established the first female legal practice in 1980 along with her sister Asma Jahangir, and Hina is also one of the co- founders of the Human Rights Commission of Pakistan (HRCP) and Women Action Forum (WAF), timely forms pressure groups to raise issues against discriminatory laws, and is also the founder of the first Legal Aid Center (1986). For the last three decades, she is working as human rights activist especially in regard to women and children rights, minorities, and prisoners. Hina has marked many landmarked cases especially of human rights standards in the country. She has been involved with many international organizations in persistence of human rights around the globe, i.e., United Nations Center for Human Rights, the Carter Center, and United Nations Conference on Women (Nandorfy & Fischlin, 2007). Shazia Kausar has struggled hard, broken all gender stereotypes, and become a judge in Okara district, Punjab. Being a judge, she is an example for other female lawyers to broaden their mindsets and thinking canvas in a way to encourage themselves as to be part of law field. As her office is buzzes with multiple tasks, meetings with clients, ringing phones, and number of male and female colleagues who discussed press deadlines, in short, her office operates just like male lawyers’ offices with success. According to her observation, due to widespread discrimination against women, “It is common prejudice people do not refer cases to a woman, some even going so far as to say, how can a woman resolve a case”; even women do not show interest in women while hiring lawyer for their cases as they always choose male counterpart to conduct a case. Shazia continued her Masters in Rome for Alternate Dispute Resolution (ADR). After getting higher education in Rome which further enriched her thinking and brought new more dimensions and exposed various cultures that brings deeper knowledge to her which she never received before (Hussain, 2019). Dr Ammara Farooq Malik is the first Pakistani female lawyer who chairs the Asia Pacific Board of the Global Alliance of Impact Lawyers (GAIL); the alliance is actually community of leaders of legal field with having manifesto to create positive impacts on people and planet with existing transitions around the globe. The community is based on regional boards that includes the UK, North America, South America, Asia Pacific, and Europe. She is the founding attorney of AF Malik Law (a Pakistani law firm) that has been working to bring revolutionary
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changes in economy through exploring entrepreneurship development over the last two decades. According to available records, this law firm is the first female- led organization from national to global. Being part of GAIL, she urged lawyers to make more regional linkages among Asia Pacific countries, with an interest to bring more entrepreneurial investments. She further stated, “Pakistan has potential to support the government in climate change adaptation by guiding the business sector to streamline their operations for the benefit of people and the planet” (The Express Tribune, 2023a, b). Zahra Viani is also a proud female lawyer who has been elected as member of Lincoln Inn Bar Panel; she will serve for 4 years in the same university, according to the selection criteria of the university. The representatives of the committee express their opinions over issues such as education, admissions, scholarships, property, finance, and investments. Viani is a barrister and works harder to collect votes and got elected in Lincoln and said that very few females are barrister who entered into mainstream of legal fields and running campaign on social network and media, making collective efforts and contacting individuals in order to disseminate information about legal procedures. To do all such things are challenging but not impossible to do so. She owned her own firm where she specifically discussed labor laws, family disputes, and criminal issues and at the same time she delivered free services to low-income women (Daily Times, 2022). It is concluded to pursue law degree regardless of gender and bring positive change in the world. There must be willpower and should have courage in new female lawyers to create adversity in legislations and equitable policies and continue fighting against injustice in various spheres of life. The young lawyers must be confident, determined, and courageous; females must not be judged by their sex or gender and even not by their dress. It is also opined that this career is not easy but very challenging with various difficulties and obstacles. The contribution of female lawyers in legal field will be considered worth of emulation around the globe. This book has made recommendation for keeping women lawyers in legal field, i.e., evaluation of policies that have been entertained for women lawyers in the firms. What policies or practice affects their presence in the courtrooms? To ensure that women lawyers secure higher positions in legal firms, encourage lateral hiring of women lawyers, mass hiring of women in critical section, to offer resources while women assist with family obligations and become flexible when it concerned to changing practices.
References American Muslim Today. (2023). Making history: First South Asian Muslim female attorney becomes president UK’s Law society. Retrieved July 15, from https://medium.com/@americanmuslimtoday/making-history-first-south-asian-muslim-female-attorney-becomes-president- uks-law-society-465b4b7e7025 Blumenthal, K. (2017). Hillary Rodham Clinton: A woman living history (p. 12). Square Fish.
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Brockman, J. (2001). Gender in the legal profession: Fitting or breaking the mould (p. 114). UBC Press. Buenger, N. (2010). Extraordinary remedies: The court of chancery and equitable justice in Chicago (p. 130). Pro Quest. Daily Times. (2022). Zahra Viani first Pakistani woman lawyer to be elected member of Lincoln inn bar panel. Retrieved July 10, 2023, from https://dailytimes.com.pk/1028401/ zahra-viani-first-pakistani-woman-lawyer-to-be-elected-member-of-lincoln-inn-bar-panel/ Deo, M. (2019). Unequal profession: Race and gender in legal academic (p. 55). Stanford University Press. Fausto-Sterling, A. (2012). Sex/gender: Biology in a social world (p. 12). Routledge. Ford, L. (2021). Encyclopedia of women and American politics (p. 364). Infobase. Foubert, P. (2010). The gender pay gap in Europe from a legal perspective (p. 16). Publication Office of the European Union. Friedman, J. (2019). America’s first woman lawyer: The biography of Myra Bradwell (p. 5). Prometheus Books. Grace, A. (2022). Women, reentry and employment: Criminalized and employable (p. 91). Routledge. Hagan, F. (2010). Introduction to criminology: Theories, methods and criminals (p. 33). Sage. HRCP. (2007). Destroying legality: Pakistan’s crackdown on lawyers and judges (p. 12). Human Rights Watch. Hussain, S. (2019). Meet one of Pakistan’s pioneering women judges. Asia Foundation. Retrieved June 14, 2023, from https://asiafoundation.org/2019/03/27/ meet-one-of-pakistans-rare-women-judges/ JDSUPRA. (2023). Gender equality remains a challenge for big law and actionable strategic to combat it. Retrieve July 12, 2023, from https://www.jdsupra.com/legalnews/ gender-equality-remains%2D%2Dchallenge-for-4123443/ Kittilson, M. C., Hoekstra, V. J., Kang, A. J., & Escobar-Lemmon, M. C. (2021). Reimagining the judiciary: Women’s representation on high courts worldwide (p. 75). Oxford University Press. Lawyers for Lawyers. (2022). Sirikan Charoensiri: Our gender, appearance and costume are not what define our abilities. Retrieve July 13, 2023, from https://lawyersforlawyers.org/en/ sirikan-charoensiri-our-gender-appearance-and-costume-are-not-what-define-our-abilities/ Leopard Solutions. (2022). Leopard solutions release report on why women are leaving the legal industry. Retrieved July 12, 2023, from https://www.leopardsolutions.com/index.php/in-the-n ews/leopard-solutions-releases-report-on-why-women-are-leaving-the-legal-industry/ Lyttleton, C. (2000). Endangered relations: Negotiating sex and AIDS in Thailand (p. 132). Taylor & Francis. Malik, Z. (2018). For Pakistan’s women lawyers, It’s an endless battle against societal judgement. Retrieved June 13, 2023, from https://scroll.in/article/872259/for-pakistans-women-lawyers- its-an-endless-battle-a gainst-societal-judgement Nandorfy, M., & Fischlin, D. (2007). The concise guide to global human rights (p. 19). Black Rose Books. Profile of the Legal Profession. (2022). Women in the legal profession. Retrieved July 12, 2023, from https://www.abalegalprofile.com/women.php Renzetti, C. (2013). Feminist criminologist (p. 15). Routledge. Russell, B. (2012a). Perception of female offenders: How stereotypes and social norms affect criminal justice responses (p. 10). Springer. Russell, B. (2012b). Perception of female offenders: How stereotypes and social norms affect criminal justice responses (p. 22). Springer. Sax, R. (2009). Research the bar: Stories of women at all stages of their law career (p. 21). Simon & Schuster. The Express Tribune. (2023a). Making history: Female lawyers finally breaking the glass ceiling. Retrieved July 17, 2023, from https://tribune.com.pk/article/97700/ making-history-female-lawyers-finally-breaking-the-glass-ceiling-1
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The Express Tribune. (2023b). Pakistani female lawyer becomes first to chair APAC board of Gail. Retrieved June 10, 2023, from https://tribune.com.pk/story/2404826/ pakistani-female-lawyer-becomes-first-to-chair-apac-board-of-gail Thomas, E. (2019). First: Sandra day O’Connor (p. 5). Random House Publishing Group. Wormer, K., & Bartollas, C. (2021). Women and the criminal justice system: Gender, race and class (p. 202). Francis & Taylor. Wright, R. (2001). Old seeds in the new land: History and reminiscences of the Bar Arkansas (p. 28). M&M Press.
Chapter 5
Women, Crime, and Media, Global and Pakistani Context
Introduction Media representation of women charged or convicted of crime reflect prevalent gender attitudes and standards. Therefore, the importance of framework and language in determining women’s media depictions has been emphasized (Bullock, 2007, pp. 34–63; Jewkes, 2002, p. 1423). Significantly, both can contribute to “myth formation” (West, 2004–2005, pp. 1, 5) and are impacted by stereotypes and myths (Mead, 1997, p. 6). Feminist theorists, for example, have observed that “expressions of violence against women may in fact reflect media inconsistencies with feminism and a tendency to reflect coalition discomfort between patriarchal values and the language of empowerment” (Easteal et al., 2015a, b, p. 103; Mendes, 2012, pp. 554–570). It has been proposed that female criminals who disobey the law are “doubly deviant” (Naylor, 1990, p. 4; Collins, 2014, p. 10, Weatherby et al., 2008, p. 64) because they violate broad societal standards while also transgressing proper feminine behavior (Berrington & Honkatukia, 2002, p. 50). In other words, gendered norms of behavior are drawn from societal conceptions about femininity that do not involve the conduct of crime (Brennan & Vandenberg, 2009, p. 144). According to Easteal, a woman who commits a crime is viewed as having committed an act that is fundamentally opposed to the conventional portrayal of her sex as peaceful, loving, and angelical. She is far closer to the “whore” or “bad” woman end of the spectrum, because her behavior deviates from the “natural feminine traits” (2001, pp. 22–254). As a result, women who murder are very deviant. Violence contradicts her image of “good” women as loving and emotional moms and quiet and cooperative wives. As a consequence, a woman who murders “seriously undermines deeply held ideas about women and their abilities to nurture others” (Storrs, 2004, pp. 9, 12). Whiteley (2012, p. 36) doctoral research on Australian women imprisoned for murder in © The Author(s), under exclusive license to Springer Nature Switzerland AG 2023 A. A. Bilgrami, S. Nasreen, Women Prisoners, https://doi.org/10.1007/978-3-031-46331-0_5
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Australia observed that despite significant contributions to the understanding of the phenomenon of a woman who kills, the tendency to demonize what the Western world cannot adequately account for persists. The act of murder by a woman contradicts the core character of womanhood as realized through normative discourse of femininity. Undoubtedly, media discourse portrays female perpetrators as emotionally unstable or insane evil manipulators (Wilczynski, 1991, p. 71), domestic abuse victims (Jewkes, 2004, p. 256; Morrissey, 2003a, b, p. 213), sexual deviants (Farr, 2000, p. 49), and bad mothers and wives. These images maintain “feminine standards by defining female crime in terms of gender deviance” (Lin, 2012, pp. 2–3; Skilbrei, 2012a, b, p. 141; Kerry, 2011, p. 263). Crime has been associated with “sadness” in the context of victims of abuse, as well as “badness” or “madness” induced by female hormones or disturbed reproductive systems. In each instance, some external element is provided in the tale that explains the criminal actions of women who are not classed as “bad.” They may be portrayed as “victims of circumstance,” with criminal behavior tied to a biological disorder or physical condition. Unlike the “bad” women, the narrative for these mad or sad women is more likely to contain the offender’s feminine look, a tale that frames their behavior within an adherence to conventional female features and the fulfillment of home tasks and/or as sexually and religiously pure. Thus, it appears that women who commit murder are depicted in some manner as an abnormality of real womanhood: “man-hating, lesbian vampire, insane castrator, unnatural mother” (Creed, 1996, p. 120) or “drug addict, prostitute, welfare recipient” or “victim herself” (ibid). According to Maras, “these patterns put women into categories that they frequently do not fit into,” resulting in “a apparently generic profile of a woman killer that depends on gendered stereotypes about women and the motivations behind their murders” (2014, p. 31).
Female Criminals Portrayed by Media In terms of statistics, “the female offender” is an uncommon figure. Women are significantly less likely than men to engage in criminal or violent behavior (Estrada et al., 2016, pp. 1271–1290). Public crimes or violent offenses are simply regarded as a male concern and sphere (Brennan & Vandenberg, 2009, pp. 141–175; Chancer, 2014, pp. 594–610). Because lawbreaking women are relatively unusual and represent something unexpected, situations involving female offenders are frequently judged significant and highly visible in the media; hence, “the female criminal” generally seems dramatic and exciting as a character (Barnett, 2006, pp. 411–432; Collins, 2016, pp. 296–310; Davies, 2011, pp. 36–62; Easteal et al., 2015a, b, pp. 31–41; Skilbrei, 2012a, b, pp. 136–152). As a type of crisis, “the female offender” often undermines the concept of femininity and the common view of what it means to be a woman, or a mother or a wife. And, like all things considered surprising and unfathomable, she must be made understandable. According to Estrada
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et al. (2019, pp. 138–156), it is more typical for news stories on incidents involving a female perpetrator to give justifications for the offending. Media representations of women charged or convicted of crime reflect prevalent gender attitudes and standards. They are also productive in that they may influence judgments, public opinion, and policy and, more broadly, reproduce norms of suitable femininity and female behavior (Barnett, 2006, pp. 411–432). As Barak (2012, p. 379) puts it: media helps “the maintenance of societal conformity, order and control.” The role of media is significant because it portrays what is ‘normal’ in a society for instance news coverage is used as a tool for discipline and serves to normalize as images of crime and offenders establish the limits between the normal and abnormal, between the civilized and primitive, between the proper and inappropriate. Similarly, The gender conceptions and depictions of violent women are reinforced “in the media to control femininity. Thus the role of media becomes defining what is deemed normal and what is not in a broader sense. How criminals have been regarded and dealt with has inevitably changed over history; our concepts of deviance and illegitimate behavior, of evil and danger, and of femininity vary with evolving norms and society systems in general. Similarly, how offending women are rendered understandable and what offending women come to signify change over time and vary between situations. Existing study on how offending women are depicted in the media, however, often lacks empirical analyses that shed light on the complicated and contextual character of the discursive depiction of women suspected or convicted of crime. Recent studies on the depiction of criminal women in the media has consistently found that the media frames “the female offender” as either evil, incensed, or sad. Previous reports typically appear to emphasize whether the categories of evil and mad/sad are frequently shown as distinct and different categories. In general, women perpetrators are portrayed as either overall bad women acting intentionally or as victims of circumstance who are medically and/or mentally unfit—either they are demonized and masculinized as unwomanly and caricatures monsters, portrayed as femme fatales who lure their victims using their sexuality, or as non-agents who are obedient and passive women. The use of such “standard narratives,” “stock characters,” or “gender representations” assumes that “certain key stereotypical constructions of violent women’s femininity have constrained the range of available representations to those that are disparaging and/or disempowering.” Although the image of violating women varies according on context and time period, there is, as mentioned, consistency (Barak (2012, p. 379). However, earlier studies about the image of “the female criminal” has frequently focused on specific incidents and culprits (Morrissey, 2003a, b, p. 224). These are often extraordinary or so-called mega instances which serve as examples of how women convicted of crime are routinely represented. Previous studies have also tended to focus on a certain crime category, namely, murder; consequently, the examination of offending women’s representation is frequently confined to women serial killers or mass murders. Furthermore, or as a result, earlier research has frequently emphasized the articulation of deviance Furthermore, or subsequently, past research frequently emphasizes the
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articulation of deviance and the formation of otherness, as well as the function of media in stereotyping processes (Chesney-Lind & Eliason, 2006, pp. 29–47). Previous reports frequently refer to how “the female offender” is represented as an Other, based on the well-known claim that women lawbreakers are characterized as “twice deviant” and hence doubly cursed, because they are deemed to breach both criminal law and the norms of femininity.
Global Perspective of Female Criminals in Media Scholars have typically discovered that the media divides female offenders into two simple categories: “bad” women and “mad/sad” women. This statement is based on a study of representations and views of female criminals. To elaborate, “bad” women are defined as women who purposefully break accepted gender roles by their own intentional behaviors. Such women are demonized (Ballinger, 1996, pp. 1–28; Naylor, 2001, pp. 180–194), (2) “masculinized” (described as masculine in appearance and/or personality) (Bond-Maupin, 1998, pp. 30–44; Grabe et al., 2006, pp. 137–163; Huckerby, 2003, pp. 149–172; Willemsen & van Schie, 1989, pp. 623–638), chastised for their violation of domestic responsibility, and/or admonished for sexual and other deviance (Van Brunschot et al., 1999, pp. 47–72). These broad themes shape unfavorable perceptions for certain female offenders. Such negative portrayals cast these women out of the ranks of “real femininity,” which in turn excludes them from the advantages, however questionable, of that position (Chesney-Lind & Eliason, 2006, p. 132). Because these women are depicted as “bad” and so purposefully accountable for their behavior, one is inclined to conclude that punishment is justified (Gandy, 1997, pp. 37–44). However, there are situations in which women are represented as just not totally accountable for their acts; the images, narratives, and discourses that surround these women give justification for classifying them as “crazy” or “sad.” The media portrays these women as “victims of circumstance” because some external element explains their illegal actions. To be more specific, in order to gain sympathy for these women, the media will most likely connect criminal conduct to a biological sickness or physical condition (Armstrong, 1999, pp. 67–77; Edwards, 1986, pp. 79–87), emphasize the offender’s feminine appearance, describe adherence to traditional female traits and fulfillment of domestic responsibilities, and/or portray the offender as sexually and religiously pure. These explanations are frequently used in combination. Because these arguments are designed to generate compassion, one could assume that these women should not be punished for their illegal activities. Much has been written regarding the pervasiveness of negative stereotypes in American society (Barak, 1994, pp. 133–147; Dates & Pease, 1997, pp. 77–82; Hurwitz & Peffley, 1997, pp. 375–401; Peffley et al., 1996, pp. 309–327). Kurokawa (1971) observes that “white cultural identity persists in American society, providing a favorable image to whites and a bad image to other racial groupings” (pp. 213–235).
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A number of existing studies show that minorities, particularly African- Americans, are more likely to be depicted and thus perceived as violent or aggressive by others. While this finding is interesting, it says little about how minority women are portrayed in comparison to white women. Most studies of minority offenders do not explore how sex and race combine to effect favorable or unfavorable media publicity. There have only been four published studies on how media depictions of minority women differ from those of white women. The basic finding that appears to underpin all of these research is that white women are more likely than minority women to have their behavior justified in some way. Bond-Maupin’s (1998) study of female criminals on the television show America’s Most Wanted indicated that a woman’s race/ethnicity affects representations of her femininity. She specifically remarked that “Dominant conceptions of femininity are often employed. Sexuality is a prominent image connected with prevailing conceptions of femininity. This televised sexiness is deceitful and gives women power that men cannot resist. Ethnicity elevates manipulative sexuality. It also creates a societal divide between White fugitives and women of color. Although viewers are informed that White fugitives are hazardous, Russian or Asian fugitives are the most violent because to their exotic sexuality” (p. 43).
Women, Crime, and Pakistani Media The media is seen as a social transformation agent. It has the ability to captivate us all. Women were barred from practically every sector of life prior to the rapid rise of feminism. This list did not exclude the media. Women are joining different professional fields and their experiences are given importance as compared to the past, the representation of women in media has piqued our interest. Whereas the West was able to break down barriers and allow women to participate in major sectors a century ago, Pakistan is still grappling with gender inequalities. An educated minority of the Pakistani populace has managed to stay neutral when it comes to gender problems and female underrepresentation. Unfortunately, we live in a patriarchal, male-dominated culture. In terms of women’s media engagement, female models are frequently featured in commercials sensually made up in to entice clients. Sometimes the female has little to do with the product itself. This is not limited to commercials, but also to media in general, where women are utilized as objects to lure and attract clients and sponsors. Furthermore, they are used for a variety of purposes related to the distortion of women’s images, to the point that the content frequently hints at sexual overtones, making it a sort of soft porn. Her young appearance and bloomy beauty are among the most active and crucial instruments utilized by the media. Her appearance is employed for commerce, where beauty is sold as a market object with a price tag. Women who accept to expose themselves on a local, national, and even worldwide level are deemed unethical and have compromised ideals, particularly in Pakistan.
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Women’s Status in Pakistani Society For generations, Pakistani society has been primarily founded on a patriarchal system. Men are seen to have a higher social status than women. Women are more docile, so they hide behind the guise of domestication. There is an unspoken understanding that males are in control of outside affairs, while women are in charge of domestic activities. Although, it is presumed that recent movement of feminism in eighties changed the situation for women took the initiative to leave their homes, pursue education, and start a job. A general perception about the slow progress of women in Pakistan is considered due to the religious and cultural restrictions, although in the history there has been a number of times when participation of women in the development of the country was stressed. During his lecture at Islamia College for Women in 1940, Quaid-E-Azam Muhammad Ali Jinnah said: “I have always held that no nation can ever be worthy of its existence that cannot take its women along with the men. No battle can ever succeed unless women participate alongside men.” Pakistan’s cultural and traditional origins are deep. Pakistani culture and tradition date back centuries, even before the country obtained independence. When Pakistan, India, and Bangladesh were all part of pre-partition India, the cultural influences of these three now- separate nations impacted and blended (Abbas, 1983, pp. 5–23). The influence culture thus influence on the lives of women. For instance, in Hinduism, religious rituals such as Sati, in which the woman burns herself alive with her husband’s dead body, were common. In Pakistan, a strong concept of ‘honor’ and respect leads to concerns such as honor killing, which is still prevalent in tribal and distant rural regions. Consequently, media is frequently involved in presenting gendered image of women, which promotes the existing unfavorable image of women as victims. Although feminist movement and societal achievements by women signifies some change, nevertheless, the struggle continues for women’s rights.
Women in Media In Pakistan, the media is dominated by particular cultural and political groups, and hence the priority to empower women or address gender insensitivity is varying. The constitution of Pakistan grants women two fundamental rights: equality and nondiscrimination based on gender. Regardless, women continue to face inequalities and face gender discrimination, particularly in the workplace. Aside from physical and biological differences, women are equally capable of retaining information and competence as males. However, she is often denied the prominence she deserves and even discouraged. Because of the social taboo that surrounds them, they are seen as inferior and less skilled as compared to men.
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As a result, there is an obvious breach of the Pakistani constitution. In this day and age, the media is the most powerful and influential tool for shaping and forming attitudes. The representation of women in the media promotes the sense that males are more deserving, confident, and diligent than women. Fashion, culture, and housekeeping are frequently used as examples allotted to women, while males are assigned more important matters such as law, crime, robbery, the economy, and the country’s progress. This means that women are perceived as the weaker sex (Amber, 2002). Similarly, most sections of newspapers are covered by news written by male journalists, particularly those dealing with sports and politics, as well as the front page, which contains the most important news. Women journalists are entangled in sections of fashion and entertainment news. In Pakistan, men develop and explain media goals, norms, and methods, including representation of women, but women are regarded incompetent due to being an inferior sex and gender prejudices. However, in the past decade, some progress has been made. In the last twenty years, a number of young, vocal women journalists have entered and created their space on mainstream TV channels especially in current affairs programs which were considered male oriented political discussions and not a woman’s domain. But the job is not easy as said and they face issues of gender pay gap, gender discrimination and trolling on social media for voicing their ideas (Hussain et al. 2022).
Pakistani Women’s Images in Print and Broadcast Media If we go back far enough in Pakistani media history, we will discover that no woman has ever been an editor of an Urdu newspaper other than Maleeha Lodhi. The Herald was the only daily with a female editor. According to Tazeen Javed (2005), “every printed feature has a condescending tone, indicating a sentiment of inferiority in women.” She believes that the media portrays women as weak, childlike, dependent, gullible, illogical, and cunning. Regardless of their education or goals, their function in society is that of a housewife with little intellect. Women are shown in Urdu short tales mainly as completing daily domestic activities such as dusting, making garments, cooking, and nursing infants. Her spouse is considered as a celestial being to whom she must be obedient. In the majority of the stories, women are shown to be fashion- conscious and beauty-conscious. They are not concerned with serious issues, and their primary focus is generally marriage. Furthermore, Urdu short tales in publications such as Khawateen Digest (Women’s Digest) present a picture of a subservient girl whose only goal in life is to marry and protect her future. A number of daily and bi-monthlies, such as Akhbar-e-Jahan, promote stereotypical images of women without preaching that they should be changed and enjoyed. Aaliya Khan, coeditor of one of the best-selling digests for women, declares “Women is only capable of promoting love relationships and a source of
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evil, in the perspective of man”. We can only wait and watch for the miracle that will transform this common thinking. The television broadcasting industry has grown to include hundreds of channels. Many of these channels are controlled by businesses in the private sector. This has resulted in a sense of competitiveness among channel owners in terms of the material they generate. Many women work alongside males, both behind and in front of the camera. Some of these ladies are superior than other women in their fields. Many females like to engage on the trendy and glamorous adventure of this realm of entertainment. Drama serials and morning shows are two of the most popular TV programs. They are popular with Pakistani viewers, particularly housewives, who constitute the bulk of Pakistan’s female population. The drama series is primarily focused with the premarital and postmarital situations and conditions of Pakistani domestic and working women. Women in these plays are virtually invariably subjected to violence and adversity. Typically, these issues are related to home situations or external pressure. The characters of Pakistani women might elicit cathartic responses in the audience. Morning shows, on the other hand, emphasize fashion, cookery, and conversations with gorgeous personalities who entice these women. Although, the challenges and risks are high, but the voices are loud and clear. Additionally, women journalists are sharing un-heard stories of women, which are usually not aired on primetime or do not focus on glamorous media celebrities. The job, however, is not easy for women, and I quote Khan (2019) ‘it is a double-edged sword’ and with changing economic pressures and changing roles the burden increases for women.
Social Media and Pakistani Women Social media has opened new avenues for women not only for raising awareness about their rights but also for reaching out and joining new fields. For instance, Facebook is one of the most popular social networking platforms on the Internet. It is one of the most prevalent ways for individuals to communicate and socialize with one another. An estimate places Pakistan at number 28 on the list of nations that use Facebook. Other social media platforms are less popular but are still utilized; Twitter and Tumblr are two examples. They are gaining attention, but only from a certain sort of audience. As a result, they are still uncommon. When it comes to use of social media, Pakistan is not an exception. It has both benefited and caused other issues. Such as social media platforms serve as a venue for eve teases, exacerbating women’s already prevalent uneasiness. They not only approach these women in a demeaning manner, but they also breach their privacy by blackmailing and intimidating them. In the worst-case situation, someone creates a false profile utilizing the personal data and information of female users, in particular and in the majority, in order to abuse them.
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Women’s Representation in Advertisement According to Dickey J. (2006), commercials, advertising, and posters primarily depict women as a sexual object and are intended for sexual pleasure. The majority of the commercials are aimed to show the curves and cuts of the female body. Hall et al. (1994, pp. 329–337) note a considerable number of advertisings in which women are portrayed wearing swimming suits and exposing clothes, while males are shown dressed properly. People can take advantage of women’s physiques in this way. A research study “Portrayal of women in the media in Pakistan” (2003) conducted by Simorgh (a nongovernmental organization (NGO) working for gender equality in Pakistan) argues “Women are just used for unfair illustration and selling goods and nothing more.” Women are thought to be exclusively concerned with their appearance, hair, and attractiveness. They are sexual objects whose sole purpose is to pleasure men. Most of today’s media ignores self-proclaimed principles, conventions, and respect by breaking societal standards (Zia, 2007, pp. 25–28). In the backdrop of discussion above, the next part discuss about portrayal of female offenders which tends to be of a femme fatale.
Women in Crime and Media Previous studies found that women are treated asymmetrically in the media. Yasmin et al. (2015, pp. 209-219) examined crime reporting over a 10-year period and discovered that stereotype portrayal dominates. Their research revealed that in criminal reporting, headlines included a gender-specific descriptor. According to their findings, women were labeled as criminals or victims with positive labels for males and negative labels for women. In terms of reporting, female offenders are handled harsher than male offenders. According to the findings, victimized women were not depicted as victims since Greer (2003, p. 229) defined an ideal victim as one who must be deserving of pity; however in Yasmin et al. findings, the negative labels may have taken away the readers’ sympathy. Naming conventions in crime statistics were similarly difficult and differed for men and women (Yasmin et al., 2019). Kress and Leeuven (2006, p. 321) classified media nominations as formal, semiformal, and informal based on the usage of surnames with or without honorifics, given/surnames, and first names. The use of the first or given name as an informal nomination demands attention because, aside from informality or a personal relationship, it may also indicate a “lack of respect,” according to discourse analysis (Rosulek, 2015, pp. 623–624). According to Jewkes (2011, p. 317), women who reject the stereotype of a good mother or wife are doubly cursed. Women are more scrutinized for their sexuality than males because they are depicted as “bad moms” more than men as “bad fathers.” Women are described as
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victims or offenders in terms of their stereotyped roles as mothers and their relationships with males. According to research, even when children are not engaged in the crime, the female victim or perpetrator is referred to as a “mom of two,” meaning that she violated natural law and societal standards. According to research, the reality of crime is likewise marginalized, with joint culpability for the violence. Researchers examined the grammatical phrase structure in reported crimes and discovered that it favored male criminals (Frazer & Miller, 2009, pp. 62–71). Henley et al. (1995, pp. 60–84) investigated the impact of specific voice style in crime reporting on readers. According to the content analysis, males perceived less injury to the victim and less culpability for the criminal. Bohner (2001, pp. 515–529) examined undergraduate students’ representations of rape cases and discovered that authors used a lot of passive voice while portraying rape situations. Work also demonstrated that passive voice assigns the victim the position of subject and blames the victim. In contrast, Frazer and Miller’s (2009, pp. 62–71) study had respondents write tales about a specific violent occurrence. Their research revealed a preference for the passive structure for female crime and the active voice when the perpetrator was female. Lussos and Fernandez (2018, pp. 108–127) studied whether the choice of voice for the behaviors of the assailant or victim demonstrated a lack of agency using a mixed-methods approach and word-level content analysis. The researchers discovered a systematic variance in use since perpetrator verbs were mostly written in passive voice. The accuser’s or victims’ accounts were given in the active voice. The systematic decision was comparable to Frazer and Miller’s (2009) prior study in that male offenders used passive structure more frequently. Northcutt Bohmert et al. (2019, pp. 873–889) discovered that the use of passive voice mitigated the suspect’s responsibility, and they discovered it was commonly employed more in sexual assault and rape cases than in physical assault cases. The experiments also show how the use of voice might influence responsivity attribution when men are abusers and women are victims. Compared with the studies discussed above, in case of Pakistan, the keywords search for ‘women and crime representation in media’ shows results about analysis of news related to violence against women (Ahmed, 2022). This gap in research might be due to the assumption that female criminals are less in number as compared to men and hence less engaged in criminal activities. Secondly, the ‘normal’ female behavior is represented to maintain the social norms and control, therefore, the topic gain less attention of researchers in Pakistan. Thus future research for critical examination of women and crime representation in media could fill the gap knowledge gaps.
Conclusion Media has objectified women in all sectors of media. The way they are treated and portrayed becomes one of the reason of sexual harassment. As women are considered weaker than men, it is not expected of them to give a reaction in their defense.
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Not only are they suffocated in their workplace but also in the show business. Their deteriorated representation does not permit them to flourish beyond stereotypes and change the negative image of woman despite all her personal efforts. Because of this misrepresentation of women, it is assumed that any woman active in the media is morally corrupt. This allows them to target and victimize them. These people exist not only outside of the media but also within it. Women’s stereotyped images can be readily distorted by the media. Women experiences and representation in the media is biased because the economic model of media business is concerned in generating money through sensual marketing. When it comes to gender inequity, the media has a prejudice. It is primarily the responsibility of the government of Pakistan to protect the safety of women in order to advance and develop women in the media. Their work is required to establish a favorable image of women on a national and worldwide scale. Women should be given platforms and opportunity to prove themselves in order to change the stereotyped picture that the media portrays.
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Wilczynski, A. (1991). Images of women who kill their infants: The mad and the bad. Women & Criminal Justice, 2(2), 71. Willemsen, T. M., & van Schie, E. C. M. (1989). Sex stereotypes and responses to juvenile delinquency. Sex Roles, 20(11/12), 623–638. Yasmin, M., Sohail, A., & Mangrio, R. (2015). Myths broken or sustained: Representation of women victims in Pakistani media. Open Journal of Social Sciences, 3, 209–219. https://doi. org/10.4236/jss.2015.37033 Yasmin, M., Masso, I. C., Bukhari, N. H., Aboubakar, M., & van de Weijer, J. (Eds.). (2019). Thespians in print: Gender portrayal in Pakistani English print media. Cogent Arts & Humanities, 6, 1. https://doi.org/10.1080/23311983.2019.1661647 Zia, A. (2007). Media and gender: Pakistani perspective. In 16th AMIC annual conference June 25–28, 2007, Singapore.
Chapter 6
Violence Against Women in Prison Behavior of Jail Officials, Class Differences Within Women Prisoners Versus Prisoner
Introduction Violence has always been a part of human life; especially the weaker sections of the society have been subjected to it. Women are at the forefront of the weaker sections of the society. A woman, whether at home or at work, in a hospital, or in a shelter, is not immune from violence; even women who are in prison cannot escape from becoming victims of violence. Women are not safe anywhere in the society because our society is completely bound in patriarchal system and traditions; generally traditions are opposite of women. Because women mostly work at the will of blood relative men or under their patronage, they often have to cooperate in crimes. Apart from this, due to their lack of familiarity with the world outside the home, they often become involved in a crime unknowingly. Globally, most crimes are committed by men; it does not mean that women do not commit crimes, but it is certain that the number of women is very less compared to men. This is why compared to male prisoners around the world, female prisoners constitute only a small minority. This is accompanied by the fact that men are more likely to be incarcerated for violent crimes such as murder, rape, terrorism, robbery, etc., while women are more likely to be incarcerated for nonviolent crimes such as drugs or theft. There is more. Often women are also more likely to be imprisoned for assisting men in crimes such as forgery, kidnapping, etc. As all human beings in the society, regardless of gender, nationality, religion, race, or sect, have equal social rights, similarly, all prisoners are entitled to equal treatment and a safe environment. Just as women have to face discrimination in the society or are subjected to different types of violence, in the same way they have to bear all this in the prison. This “gender gap” in abusive treatment is consistent around the world. In many countries, across all regions, the prison population of women has grown substantially over the past few years. Unfortunately, most of the
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female criminals usually belong to the economically and socially disadvantaged sections of the society. They have low educational status; this is the reason why they are not aware of their rights. Ignorance of legal complications also leads to increase in their difficulties. Social institutions reflect the social conditions; therefore the same culture is found in the prison of any region which is that of that society. In a society where the position of women is lower than men, they are not considered equal to men; if social customs and traditions represent male superiority, male superiority and dominance will be seen in every institution of this society. Due to the dominance of patriarchal social norms, it is considered worse for women to go to jail than for men. Most of the families do not bring forward the fact that any woman in their house is in jail, nor do they visit her. The lack of family contact or visitation also often leads to further exploitation of female offenders, both by peers and prison staff. In most countries of the world, women are sexually assaulted and humiliated by law enforcement officials in prisons, and this abuse can range from simple touching to rape. Rape can take the form of sexual services that female prisoners are forced to provide in exchange for access to goods and privileges or the enjoyment of their basic human rights. Sexual abuse of women by male prisoners may occur with the connivance of prison guards. Women who have been accused or convicted of crimes against morality, as well as lesbian or transgender women, are at particular risk. Recognizing the risk of sexual exploitation of women, the UN Standard Minimum Rules for the Treatment of Prisoners prohibit the involvement of male staff in overseeing women’s prisons. However, this principle is not applied in many countries, sometimes due to a lack of female prison staff, in other cases due to concerns about equal employment opportunities, and in some cases due to mixed-gender staff to normalize prison life. Unfortunately, this policy can lead to a high degree of real risk to female inmates, especially when male staff work in positions where they are directly responsible for supervising female inmates. Torture and abuse of prisoners in detention is more common immediately after arrest than during the period of imprisonment. In some countries, where prisoners spend time in police custody before their trial, this risk period is extended. During this time, women are particularly vulnerable to sexual abuse, including rape, which is used as a tool to coerce and control them and force them to confess. Thus, in countries where such practices are common, women may suffer from both the effects of any previous violence and the resulting trauma of their treatment in police custody until they enter prison. Prison authorities often fail to protect the human rights of inmates under their supervision, failing to respond to complaints from female offenders about sexual abuse in former custody, failing to provide medical examinations, and failing to provide vital legal and psychological services. When complaints of sexual abuse or other forms of violence are ignored, custodial violence is more likely to be
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overlooked by state authorities, which protect women who are victims of such violence in prison. The low number of female prisoners as compared to men worldwide and the resources to build women’s prisons and the lack of access to prisons play an important role in ensuring that it becomes difficult if not impossible to incarcerate women close to their homes, and such a situation results in women being housed in annexes of male prisons, which are close to their places. Being housed in male prison annexes can pose security risks for women. Also, being housed in male prisons increases the possibility that the special needs of female prisoners will not be taken into account, as the prison system is determined mostly by the needs of male prisoners. In Pakistan, there is a separate cell for women in men’s jails, but this cell is a part of the men’s jail. This means that in practice, many women are imprisoned far from their homes, reducing the possibility of family contact.
In Pakistan Among all other forms of violence, violence against women is a type that has specific characteristics that distinguish it from all other forms of violence. Regardless of whether it is a state system or a country’s democracy, a large number of women around the world and in all sectors of society face various forms of gender-based violence, both at private and public levels. The report “The plight of women in Pakistan’s prisons,” August 26, 2020, found that laws in Pakistan’s prisons do not meet international standards and that authorities often ignore laws designed to protect women prisoners. According to the report, the prisoners include women over 60 years of age and girls under 18 years of age. Result shows that more than 300 women were detained outside the districts where they lived, making it almost impossible for family to visit them in prison. The report shows that as of mid-2020, 66% of the 1121 women in jail had not been convicted of a crime, were in jail simply because there was no bail bondsman, and were waiting for the end of their case here, while the case of most of these women had not even started yet. Authoritative international research reports and policy documents highlight the fact that all forms of violence against women are rooted in the patriarchal system prevailing worldwide, in which men dominate women. Patriarchy ensures greater rights for men based on their gender through cultural and social practices as well as through laws and policies. On the other hand, it deprives women of their basic human rights and subjugates them. This is the reason the conditions of violence against women remain the same and there is no change in their lives.
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Violence in Prison Violence in prison refers to all actions that result in injury or hurt to a prisoner within the prison walls, whether by the prison authorities or by fellow prisoners. Violence among prisoners is quite common in prisons; both men and women are victims of it. There is no single cause of this violence; however, prison violence has many factors that can influence its prevalence. Prison violence can have many causes such as poor prison management, overcrowding in prisons, various gang activities, violation of “prison code” by prisoners, political pressure, etc. The problem of overcrowding in prisons also creates many problems because it exacerbates other problems of incarceration. It undermines every attempt to humanize the quality of life behind bars. Overcrowding in prisons also sometimes leads to violence, especially among peers. Also, poor staffing or poor prison conditions for inmates, and inadequate management creates more violence in prisons, between prison authorities and inmates and between inmates themselves. Apart from these reasons, there are many other major factors of violence in prisons which form the basis of violence in prisons.
Factors of Violence Against Women Cultural/Societal Factors As patriarchal and sexist ideas in society justify violence to ensure male dominance and superiority, social norms also help promote these ideas and at the same time force women to accept them. Other cultural factors comprise such as: • • • • • • •
Gender stereotypes. Normative expectations of femininity and masculinity. Socialization of gender. The perception of the family sphere as private. A male privilege. General acceptance of violence. Race and gender.
The prevailing patriarchal norms and gender discrimination in the society affect the entire society, especially where violence against women is still not widely condemned and violence against women is not prevented. There are specific laws and the implementations of the laws that do exist are largely gender insensitive. Along with not recognizing the seriousness of gender-based crimes and the need for their punishment, insufficient crime prevention is a major problem in developing countries, and Pakistan is also struggling with this issue. The consequences of impunity for violence against women can be clearly seen in women incarceration, in a society where there is no effective protection and no effective prevention for women victims of violence.
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Common problems for incarcerated women usually come from both the lives they lived before they were incarcerated and their actual incarceration. Women generally arrive in prison with different problems than male inmates because of their gender. Once incarcerated, a woman may face different problems than a male inmate because most prisons are designed to deal only with male criminals. Most of the male staff is posted in the prisons; however, the female staff performs their duties in the female barracks, but these female staffs are also influenced by the male officials and they are also forced to obey the orders of the male officials. Understanding the prevalence, dynamics, and effects of staff sexual misconduct for jailed women depends on factors like as race and gender. As these factors have negative effects on women’s lives, it is necessary to change the social concepts to eliminate them. Gender stereotypes and myths about women have fueled such abuses, while institutional tolerance and system neglect have led to acceptance of staff mistreatment and degrading treatment of women. Religious and historical traditions written by men have sanctioned the concept of corporal punishment of women under the concept of women’s rights and ownership. This concept of ownership, under religious and historical traditions, legitimizes men’s control over women’s sexuality, which, according to many legal codes, is considered necessary to ensure patriarchal inheritance. In many societies, sexuality is also linked to the concept of so-called family honor, and these traditional norms allow the killing of women who are suspected of engaging in illicit sex to undermine the family’s honor. Even women cannot marry and divorce without the consent of the family. If they do, they are considered a “threat” to social norms and their killing is justified. In general, on the basis of the concept that is spread in the society for women, they are mistreated even in prisons; words like bad language, rudeness, obstinacy, and lack of intelligence are used for them. In exactly the same way, if a woman belongs to a social group or caste which is considered inferior in the society, then she is treated insultingly in jail as well. Especially if a prostitute woman goes to jail for some crime, other inmates and even the staff call her by her profession and justify misbehaving with her. If a transgender person even goes to the police station to file a complaint, they are first asked to sing or dance, subjected to obscene and sexual gestures, and ridiculed based on their gender. In a society where blacks are discriminated against, black women incarcerated are subjected to physical and sexual abuse on the basis of race. In her book No Mercy, Sarah Haley describes the violence against black women in prison based on race and writes that black women had to bear the double burden of men’s labor and women’s domestic work in prison. This included cooking and cleaning for the white women and all the men who spent time in the same institution. Black women used to work in place of white women. Apart from facing other problems for women in prison, they also have to face disturbing situations for women’s particular natural needs such as pregnancy, menstruation, etc. Many prison authorities around the world fail to deal with women’s menstrual cycles. Women’s prisons do not uniformly provide menstrual products properly or sometimes withholding them as punishment; even for pregnant inmates
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and breastfeeding mothers, they also fail to provide food aid, which adversely affects the health of imprisoned new mothers and their children.
Behavior of Jail Officials Prisoners may be housed in facilities under the jurisdiction of state or federal correctional authorities, including treatment facilities, hospitals, or other state facilities regardless of the prisoner’s gender, race, or caste. The mistreatment of the prisoners by the staff in the prisons is not considered good from the moral and legal point of view, and the human rights activists continue to raise their voices against it. Thus, staff misconduct is not only ignored in correctional institutions due to a variety of factors, but is largely accepted, including its justification as a punishment and correctional aspect. Although prohibitive laws and policies are in place, verbal and physical abuse of staff in prisons persists and has not decreased over time; even it can be said that it has become worse. According to a survey conducted in a Brazilian prison, women were very worried about verbal abuse by male guards. Male guards denigrate these female prisoners as “dwarves, whores, monkeys, bandits, disgraces, the face of the devil,” and these officials had entered female prisoners to verbally and physically harass and intimidate them. In another incident, a girl prisoner set herself on fire as a protest after being tortured by the prison staff, it took some time to save her, and she had burnt severely. According to a report by Daily DAWN (11 March 2019), 61% of the 431 women in prison were sexually assaulted, 81% were subjected to cultural humiliation, and 61% were subjected to violence by others (mostly family members). Seventy-one were forced to remove all of their clothing—a violation of strong cultural and religious norms—in addition to 82 women experiencing sexual violence that did not amount to penetration, while 52 women were subjected to unwanted touching and other physical abuses. The most painful thing is that a child, a 15-year-old girl, was subjected to sexual violence.
Physical and Sexual Violence Prison violence can generally be seen as physical or sexual violence, but physical violence is the most common. Physical violence is the same for men and women. Violence in prison often goes unreported, as inmates who report the violence are said to be violating the “prison code” in the prison system. Prisoners who speak up to report the violence in the prison are subjected to further torture. That is, by reporting violence against them, they commit more violence against themselves. Around the world, any sexual contact between staff and inmates is prohibited by criminal laws and correctional facility policies, all considered nonconsensual due to
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power differentials and imbalances. By the staff sexual misconduct includes a variety of sexual acts, including oral, anal, or vaginal penetration and inappropriate touching, as well as violations of privacy, indecent exposure, sexual harassment, inappropriate and offensive beating or touching of inmates, and other sexual activities. Sexual abuse by staff is coercive and often accompanied by physical violence as punishment also includes tactics of sexual misconduct by staff. “During imprisonment, female criminals face the most violence, especially sexual violence” is one of the consistent results of various researches conducted on female prisoners. According to the American Psychological Association, compared to male prisoners, the number of incidents of physical and sexual abuse higher rates with women has been revealed. Furthermore, adult women are more likely than men to be subjected to physical and sexual violence during incarceration, and more violent acts are perpetrated by fellow inmates than by correctional officers, meaning that female inmates are not protected by prison security staff and peers. Women continue to be subjected to physical, mental, and sexual abuse in prisons, incidents which the ordinary prison staff cannot prevent and in fact sometimes become complicit in. Women incarcerated have a generally higher rate of experiencing sexual abuse by staff. But most women do not report it. Only a small proportion of incarcerated women formally report their experiences of sexual abuse, and even fewer reports are fully investigated and verified. The problem of sexual violence against women imprisoned in prisons is not only in developing countries but also in developed countries. Women account for 33% of those sexually assaulted by staff in US prisons, while women make up only 7% of prison inmates. More worryingly, it is estimated that only 8% of women’s experiences of sexual harassment or abuse by staff are officially reported. Women imprisoned in prisons are not only subjected to sexual abuse by the correctional officers serving in these institutions, but often they are also subjected to sexual abuse or assault by other inmates, especially favored inmates are given opportunities to sexually abuse women prisoners. If the female prisoner complains about it, she is not heard and this process is rarely noticed by the higher authorities. Many researches prove that women prisoners face different types of sexual oppression and they have been subjected to sexual harassment or sexual abuse in many ways. Most of these incidents go unreported due to traditional social customs that stigmatize women or fear of stigmatization.
Behaviors of Peers Aggression is a behavior that is undesirable and aggression is undoubtedly a significant problem among prison inmates, and it is a behavior that occurs in all types of inmates whether they are men or women or adults or minors. Aggressive behaviors include physical, verbal, direct, and indirect cues that many inmates use as targets
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against each other, like targeting someone for their physical flaws, using bad words or phrases, making fun of them, etc. Various studies have shown that prison inmates engage in a wide range of aggressive behaviors such as violence against others, suicide, suicide attempts, deliberate self-harm, etc. Such behavior often results in conflicts between prisoners, resulting in injury to themselves or others and often death. Aggressive behavior exhibited by prison inmates is a growing and common problem of concern to prison authorities and the general public living in and around prison walls. Aggressive behaviors displayed by prison inmates are not only dangerous to themselves but are detrimental to the general safety and morale of the individual and the prison environment. Physical aggression (bullying) is more common among male prisoners. The official records of the prisoners and personal observations also show that many of the prison inmates are guilty of physical aggression. Aggressive behavior is found not only in men but also in women. Compared to men, women may be less likely to be violent or aggressive, but it cannot be completely denied. A study conducted in 2015 in Nigeria, women tend to commit less aggressive and violent behavior and less serious violence than men. As stated by the research results, women commit less violence than men, but they do. Some women who have been sentenced to prison several times terrorize new women or young girls. These violent women take their personal work from physically and mentally weak prisoners like foot pressing, body pressing, etc. These quarrels and powerful women often snatch food from them and eat it themselves, not only that but also take possession of the goods brought from the house of these weak women.
Class Differences Among Women Prisoners Prisoners, whether male or female, belong to the most backward sections of the society. Despite this, poverty or socioeconomic conditions have affected their paralyzed prisoner life. The class system in the society is also with them here. Women are the most vulnerable group of society especially in developing countries where gender discrimination is common between men and women. Inequalities exist at levels in the society and those who are already the most vulnerable become more vulnerable, and incarceration exacerbates their disadvantage. It restricts the mobility of the most marginalized group of the society, i.e., women. Finally, inequities are intergenerational, affecting not only prisons and prison inmates but also their families and children. Children of imprisoned mothers are also considered as criminals, and they are taunted for the mother’s imprisonment. The negative effects of imprisonment do not leave behind them for the rest of their lives; even employment opportunities are limited for them. Their conviction is a strong reason not to employ, meaning that the punishment continues even after they finish their sentence. For these imprisoned women, more difficulties arise in family life. Their social relations end, most of the people keep the other women of their house away from the convicted women, and they terminated to meet them.
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Once in prison, discrimination against women continues—they are often denied access to vocational and recreational programs. Prisons often lack adequate equipment for menstruating women. Many problems also arise for pregnant women in prison, especially if the child is born in prison; it is not possible to immediately hand over the newborn to relatives or authorities. In this situation, the child is forced to live in prison with the mother depending on the national context and the level of security of the prison and inmate. Some countries have nurseries in prisons where women are allowed to care for their children. But often in developing countries, this facility is not available and children stay in jail with their mothers. Because of the children, these mothers have to face discrimination by the authorities and colleagues in the prison. Women’s incarceration reflects patterns of racial inequality, with members of some groups incarcerated at much higher rates than others. General patterns of racial and ethnic disparity affect both men and women, although trends may vary depending on context. Members of certain racial, ethnic, or nationality groups are often disproportionately incarcerated in each country. The relationship between female prisoners is mainly conditioned by the gender roles of women in the society, that is, the social class to which a woman belongs in the society, the position and rank she gets in the social environment, and the same social status as her position in the prison. It is observed that the treatment and attitude of the prison staff toward women prisoners is according to the social status of these women prisoners. Women’s prison experiences are also judged by their economic status. If a woman is economically strong, not only the behavior of the prison authorities will improve but also that of her peers. On the contrary, if a female prisoner is suffering from economic disadvantage, not only the behavior of the prison authorities is based on misbehavior, but also the behavior of the colleagues is aggressive; often the powerful prisoners inflict physical and mental violence on the weaker ones. Similarly, the tasks taught to women in prison are also based on gender and social preferences. Work and training opportunities for female prisoners are often highly gendered. Prisoners are often grouped into “work areas on the basis of what are considered ‘appropriate jobs’ for specific gender and racial groupings,” such as sewing, embroidery, cooking, and domestic and public work for women and farming for men or those that are considered masculine work. Cultural, ethnic, and gender stereotypes seem to influence the way work is assigned in society; in the same way, it affects the assignment of work in prison.
Conclusions Violence against inmates in prisons, whether they are men or women, is a chronic problem, but it becomes more serious in the context of being a woman. Prisoners face innumerable forms of violence such as they can be harassed by the prison staff and also by their peers. Overcrowding causes many problems for the prison
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administration, including large incidents of disciplinary and violent incidents, depriving prison staff of routine duties such as food distribution and security transfers. In fact, overcrowding affects the infrastructure of the prison and creates an atmosphere of violence instead of correctional services. Female prisoners are particularly vulnerable to sexual exploitation in custody. We cannot blame any single factor for violence; social customs, gender stereotypes, class discrimination, and inferior status of women are the main reasons which all together create a weak social structure. On the basis of this weak and unfair social structure, the foundation of other institutions is laid, therefore, in the society in which women are treated; the same behavior is kept in its social institutions.
Chapter 7
Women and Social Relationships in Prison Behaviors of Sibling’s Family Issues
Introduction “All prisoners shall be treated with the respect due to their inherent dignity and values as human beings. No prisoners shall be subject to, and all prisoners shall be protect from, torture and other cruel, inhuman or degrading treatment or punishment, for which no circumstances whatsoever may be invoke as a justification. The safety and security of prisoners, staff, services providers and visitors shall be ensured at all time.” United Nations Standard Minimum Rules for the Treatment of Prisoners (The Nelson Mandela Rule)
The position of the family can’t be underestimated for many humans; the family provides a sense of belonging and provides sensible and emotional support. Most of the time, they’re there to provide steerage and land a listening ear when wished. This research shows that the preservation of family connections offers great benefits for prisoners, families, and wider society. Family ties are very crucial for stress relief and lessening anxiety, hence it is important that the prison administrations must ensure that they can keep in touch with their family members. • A jail punishment means the lack of liberty, no longer the desolation of circle of relative ties. • Visits are essential markers for prisoners, frequently providing a miles-needed “boost.” • Visits from circle of relatives and pals mitigate against prisoners becoming institutionalized. • Regularly visiting facilities of relatives (kids specially) to apprehend what jails is like for his or her cherished one. Regularly it’s not as awful as they were imagining and myths are often dispelled. • Prison visits make it likely that a family stays intact; because of this when the prisoner is released, he/she has higher capability to integrate into society.
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• Visits allow prisoners, albeit briefly, to preserve their function as husband/wife/ father/mother/son/daughter. It’s miles an essential reminder that they are more than “a prisoner.” • Preserving circle of relative ties via visits is a value-powerful way to lessen recidivism. • Jail visits keep families collectively and doubtlessly prevents own family breakdown. • Visits and the continuation of family ties can help save you from intergenerational offending. So, jail visits are very vital for various aspects. Too frequently although, prisons are not geared socially well to families and to retaining family ties. Women prisoners are the various most at-threat inmates. Patriarchal societal behaviors, lack of unbiased financial resources, and abandonment through families make a contribution to extra hardship for girl prisoners. Girls in the culprit justice system automatically revel in prejudice, discrimination, and abuse and face difficulties accessing healthcare. Loucks (2004) observed, although imprisonment of family members, though partners or dad and mom, the incarceration of any near family member such as siblings, aunt, uncles, or grandparents can have a measurable effect on people’s lives. Taylor specify that kids in jail with their mothers can be the children who accompany their mother while they are in prison or individuals who are born in prison because the mother became imprisoned even as she turned into pregnant. Women who’re pregnant or breastfeeding in jail have particular health problems and/or nutritional needs. Mom and baby want to get good enough healthcare, each preventive and healing. Mothers in, and following release from, jail are frequently stigmatized with the aid of prison personnel, different authorities employees, and community (Rossiter et al., 2015, Stone, 2013, Walker, 2018).
Women Prisoners in Pakistan Says Samina Shah Arbitrary detention is one of the most pressing issues faced by women in Pakistani prisons.
She is an educationist, philanthropist, and social worker working for the uplift of women in Pakistan. Around the world, more than 74,000 women and girls are imprisoned. Female retains to make up a minority of the world widely and national jail populations, accounting of three percent or less of every person in prison in 70 countries and territories globally. Pakistan’s prison population in late 2021 consisted of 1.6% women. In the criminal justice system, jails are always considered correctional facilities. There continue to be difficulties in protecting the rights of women in Pakistan due to rising violence against women. Over crowding, lack of physical activities
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of female prisoners increase the likelihood of melancholy, stress, mental illness, sleep problem, and generalized anxiety. Girl prisoners additionally generally tend to have much less contact with circle of relative contributors. Approximately 30 percent of the women prisoners from the UNODC study have been divorced or separated. Unfortunately, Pakistani society views convicted women as treasonous, and even the families consider their contact with them to be treasonous. From various perspectives, prisoners are affected by behavior of the prison administration, non- implementation of prison laws, the environment provided in prisons, unfavorable social behavior, as well as abusive and tolerant behavior by their families (Baloch, 2013). A prisoner is faced with all kinds of hardship, including punishment, adjustment to being in a four-walled space with aliens (jail fellows), especially being away from home, and getting rid of social bonds (Haney, 2002). Pakistan’s Human Rights Ministry has issued a document locating that girls in prison face bad situation. The government ought to without delay carry out the ministry’s tips to make certain of care and give up mistreatment in women’s prisons. Kids who accompany their mothers in jail face additional risks. An important lack of funding within the jail healthcare machine has intended that moms whose kids are with them in jail often lack important healthcare, leaving each the ladies and the kids vulnerable to contracting. Communities can play a lively position in improving the consequences of released inmates and their families. Network-based corporations are nicely positioned to provide help with housing, substance abuse treatment, fitness care, employment, child care, counseling, and vocational education. They can make contact with prisoners prior to release to assist in the reentry manner. Those businesses also play a vital function in making ready the community for a prisoner’s return. An international literature evaluation (Boone et al., 2016) led to the identification of six primary domain names of jail environment: relationship in jail, protection in order, contact with the outsider, jail facilities, meaningful sports, and autonomy. Phillips and Gates (2011): This report examines the importance of women maintaining family relationships, including with siblings, while in prison and its potential impact on their well- being. Incarcerated mothers and fathers face a variety of challenges, such as separation from their children, maintaining a relationship in prison, having their parenting role recognized by the criminal justice system, and providing care for their children in prison (Walker, 2018). Visher and La Vigne (2004): This study shows that family relationships, including siblings, are important for reducing recidivism and promoting positive social integration. Hairston (2002) argues that genuinely keeping contact with own family contributors is difficult. At the same time as many correction departments recognize the price of communique between prisoners and their households, correctional practices—reflecting the safety mission of prisons—frequently impede the maintenance of own family ties.
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Several studies have additionally indicate that providing offerings to the families of these days released prisoners results in high-quality consequences for the former inmates, together with lower prices of physical, mental, and emotional troubles, drug use, and recidivism. A developing wide variety of research reveal the nuances associated with imprisonment and own family life (Giordano, 2010; Turanovic et al., 2012). According to research published in Western Criminology Review in 2006, “a remarkably consistent association has been located between circle of relatives at some point of incarceration and lower recidivism charges.” Research consistently shows that connections with family and friends predict successful recovery (O’Brien, 2001). Arditti and Few concluded that women who maintain good family relations after incarceration and who successfully return to their families are less likely to be rearrested.
Conclusion Female prisoners are living in very deplorable condition behind the jails. They face lack of self-appreciation, isolation from family and society, anxiety and hesitation, and state of being inactive for lengthy times all through incarceration. Despite the fact that legal guidelines clearly mention the humanitarian conditions for prisoners, however in terms of the realistic implementation it is located a totally big hole at the implementation aspects. Because of the factors of corruption and malpractices with the aid of the jail officials, the female prisoners go through a lot as they’re comparatively very weak and not able to face them. Addressing the social relationship and family issues of incarcerated women, particularly with their siblings, is crucial for their well-being, rehabilitation, and successful reintegration into society. By fostering open communication, providing support, and implementing various program and activities, we can create a positive environment that promotes emotional healing, personal growth, and the maintenance of healthy connection with family members. Recognizing the importance of these relationships not only benefits the incarcerated women but also contributes to the overall well-being of their siblings and the broader community. Prioritizing the needs of incarcerated women and their families remains an essential aspect of achieving positive outcomes for all involved.
Recommendations Women in prison face unique challenges, and maintaining positive social relationships, especially with their siblings and addressing family issues, can greatly impact their well- being and rehabilitation. Here are some recommendations.
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Supportive Communication Encourage open and honest communication between incarcerated women and their siblings. Suggest writing letters, making phone calls, or even participating in video calls when possible. This can help maintain a strong emotional connection despite physical separation. Family Therapy Propose family therapy session that involves incarcerated women, their siblings, and other relevant family members. Family therapy can help address underlying issues, improve communication skills, and strengthen relationship. Sibling Visits Advocate for regular visitation opportunities for siblings to meet with their incarcerated sisters. These visits provide a chance to maintain personal connection and offer emotional support. Parenting Classes If applicable, offer parenting classes for incarcerated women who are mothers. These classes can help them maintain healthy relationship with their children and address any family- related issues. Support Groups Create support groups specifically for incarcerated women and their siblings. These groups can provide a safe space for sharing experiences, emotions, and advice. Reentry Preparation Work on reentry plans that include reuniting incarcerated women with their families. This could involve settings goals, discussing responsibilities, and ensuring a smooth transition back into family life. External Support Services Connect incarcerated women’s siblings with external support services, such as counseling or community organization that focuses on families impacted by incarceration. Legal Aid If family issues involve legal matters, ensure that both the incarcerated women and their siblings have access to legal aid and information to address any necessary legal processes.
References Baloch, G. M. (2013). From arrest to trial court: The story of women prisoners of Pakistan. Procedia- Social and Behavior Sciences, 91, 158–170. https://www.researchgate.net/publication/275542557_From_Arrest_to_Trial_Court_The_Story_of_Women_Prisoners_of_Pakistan Boone, M., Althoff, M., & Koenraadt, F. (2016). Prison climate in Judicial institution. Boom Juridisch.
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Giordano, P. C. (2010). Legacies of crime: A follow-up of the children of highly delinquent girls and boys. Cambridge University Press. Hairston, C. F. (2002, January, 30–31). Prisoners and families: Parenting issues during incarceration. In From prison to home, conference. Haney, C. (2002). The psychological impact of incarceration: Implication for post- prison adjustment. Prepared for the Prison to home Conference January, pp. 30–31. https://aspe.hhs.gov/ reports/psychological-impact-incarceration-implications-post-prisonadjustment-0 Loucks, N. (2004). Prison without bars: Need, support, and good practice for work with prisoners’ families. Families Outside. https://drjameswoodall.wordpress.com/2015/03/01/ ten-reasons-why-keeping-prisoners-in-touch-with-their-families-is-so-important/ O’Brien, P. (2001). Just like baking a cake: Women describe the necessary ingredients for successful reentry after incarceration (pp. 287–295). Families in Society. Phillips, S. D., & Gates, T. G. (2011). Visiting and keeping in touch with family members and friends while in prison. The Urban Institute. Rossiter, C., Power, T., Fowler, C., Jackson, D., Hyslop, D., & Dawson, A. (2015). Mothering at a distance: What incarcerated mothers value about a parenting programme. Contemporary Nurse, 50(2–3), 238–255. Stone, U. (2013). I’m still your mum: Mothering inside and outside prison. RMIT University. Turanovic, J. J., Rodriguez, N., & Pratt, T. C. (2012). The collateral consequences of incarceration revisited: A qualitative analysis of the effects on caregivers of incarcerated parents. Criminology, 50, 913–959. http://wcr.sonoma.edu/v07n2/20-naser/naser.pdf Visher, C. A., & La Vigne, N. G. (2004). Exit to what? Understanding the aftermath of incarceration among female offender. The Urban Institute. Walker, J. R. (2018). Women and gestation in prison: Becoming a good enough mother. UNSW.
Appendix
Female crime is becoming very common all over the world for social change and modernization have become the main influences in all spheres of life. Due to change in social structure and family organization, criminal tendency among females has increased considerably. More women are entering into the arena of competition and employment, and liberation movements have made them prone to criminality. A research study was carried out with the aim of studying the nature of crime committed by prisoner women, along with their lifestyle in jail. Keeping in view the objectives behind this research, attention has been focused on examining the female prison system of Central Jail Karachi. As a central prison, the jail has a sizable population for both short and long termers, and thus the central prison was considered as the most suitable location to carry out the research. The district jails provide alternative arrangements for keeping the undertrials before they are shifted to central prison, which is why they were not chosen as center of research. The central prison consists of different types of women criminals with different terms of imprisonment. The Central Prison was selected to conduct the study so that the ample population of female prisoners from 120 to 150 in numbers who were either under trial or had already been detained. This research uses sampling as representation of the population. It was conducted as a process of selecting specific individuals representing the larger group to which they belong; thus, in this research study, the sample has been regarded as a group by which information was obtained to represent the universe of this study. The sample of this research includes 50 respondents, all of which were women criminals, either under trial or detained in the Central Prison Karachi. The researcher has conducted this study as a survey by visiting the female prisoner in Central Prison Karachi and using the method of face-to-face interviews to communicate with them directly. The survey was conducted for heavy data collection, and few case studies were also conducted so that deep research could be carried out.
© The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2023 A. A. Bilgrami, S. Nasreen, Women Prisoners, https://doi.org/10.1007/978-3-031-46331-0
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The Interviewing Schedule Face to face interviews is an effective research method that feminist researchers use to gain insight into the world of their respondents. It is a method used by feminists who are in arranging of social and natural science disciplines. The interview schedule was designed to be conducted in the form of a survey. The general survey research interview included 90 questions, consisting of both open and close-ended questions. Some questions contain sub-questions according to the nature of the topic they were referring to. This interview schedule examined the experience of women criminal and the reasons due to which they committed the crime. For collecting data from the female criminals, the schedule prepared included the following dimensions relating to crime: 1. Personal background of the respondent 2. Details regarding the family background which consist of the type and size of the family, education, income, and occupation of husband or parents and their initiation into crime and relationship after and before commission of crime 3. Details of marital life, including pattern in marital life, social interaction and relationship between husband and wife, and behaviors toward relatives 4. Details of pattern of criminal behavior, nature of crime and reasons behind commission of crime, history of punishment, and status as a prisoner 5. Prisoner’s experience of imprisonment, adjustment in prison, and the psychological and health effects of imprisonment on them, along with attitudes toward jail’s staff and co-inmates 6. Details of source of income of prisoners and their work ethic 7- Details of facilities provided to pregnant women in prison 7. 8- Inspection of whether SOPs were being followed in prison after spread of COVID-19 and their effects on the prisoners
The Procedure of Data Collection The method of data collection employed in this research is mixed method, which used both qualitative and quantitative methods in the interviewing schedule. This research sampled data through non-probability method, which employed purposive and convincing method of interviewing. The survey techniques used in this research were exploratory and descriptive survey techniques employed in interview. The information is collected by descriptive and exploratory survey method through interview schedule. The lady jailors remark about each prisoner jail records and specific observations were recorded. In this research, descriptive survey method also employed the mixed method of qualitative and quantitative method of data collection. Researchers both feminist
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and nonfeminist are using methods in a variety of ways that are both innovative and creative. The establishment of the questionnaire report was the most important part of research. The researcher entered the prison premises early on a Wednesday morning on November 17, 2021, and the research work continued on for 3 days. In the beginning, the researcher faces some problems with the guard on entrance duty which led to them discussing the area of study with the IG of police Karachi to sort permission to enter the prison. After the permission was granted, the researcher conducted detailed discussion with Superintendent, Deputy Superintendent, and lady jailors, which helped in acquiring information from the prison staff. Initially, the prisoners remained reserved and were cautious in replying, but the lady jailor helped in removing doubts of the prisoners. The researcher had to explain to the prisoners that she is a university student and was present there with the purpose of conducting a research study on women prisoners. Their cooperation was urged and they were reassured about the confidentiality of the data. To motivate the prisoners to give relevant answers and create interest in them, the researcher adopted a humble attitude and showed curiosity and interest in the respondents. The researcher was pleasantly surprised to observe that the condition of the female prison was much better than their expectations according to previous reports regarding women prison. It did not escape the researcher’s notice that the prisoners have access to many facilities including gym, library, beauty parlor, etc. Many female prisoners were urged to engage in artistic work, and the researcher was shown some of the mind-blowing paintings that were to be sent to the Governor house, although it was very disappointing for the researcher to find out that the prisoners were not paid the deserving amount. Researcher submitted a permission letter and a photocopy of student ID card to the Central Prison Karachi.
The Processing of Data and Their Analysis The results of this research were calculated by processing of data through interviewing, by method of exploratory and descriptive survey technique. Interviews were taken from women of Central Prison Karachi. By tabulation through survey table method and frequency distribution of tables, analysis of data has been done by tabulation. The researcher prepared simple frequency and bivariate tables with percentage analysis.
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Interviewer’s Observation The researcher entered the prison premises early on a Wednesday morning on November 17, 2021, and the research work continued on for 3 days. In the beginning, the researcher faces some problems with the guard on entrance duty which led to them discussing the area of study with the IG of police Karachi to sort permission to enter the prison. After the permission was granted, the researcher conducted detailed discussions with Superintendent, Deputy Superintendent, and lady jailors, which helped in acquiring information from the prison staff. Initially, the prisoners remained reserved and were cautious in replying but the lady jailor helped in removing doubts of the prisoners. The researcher had to explain to the prisoners that she is a university student and was present there with the purpose of conducting a research study on women prisoners. Their cooperation was urged and they were reassured about the confidentiality of the data. To motivate the prisoners to give relevant answers and create interest in them, the researcher adopted a humble attitude and showed curiosity and interest in the respondents. The researcher was pleasantly surprised to observe that the condition of the female prison was much better than their expectations according to previous reports regarding women prison. It did not escape the researcher’s notice that the prisoners have access to many facilities including gym, library, beauty parlor, etc. Many female prisoners were urged to engage in artistic work, and the researcher was shown some of the mind-blowing paintings that were to be sent to the Governor house, although it was very disappointing for the researcher to find out that the prisoners were not paid the deserving amount. The respondents were very cooperative, and the researcher was pleased to find out that most of them were satisfied with their life in prison and had good reviews about facilities in jail and behavior of staff. Researcher submitted a permission letter and a photocopy of student ID card to the Central Prison Karachi.
Findings The concept of crime to different people is complex, exclusive, and multidimensional. The gradually emerging problem of increasing women offenders and the manner in which it is tackled and perceived has emerged as a basic issue of criminal policy, justice, and law in the contemporary world. The data from the survey has led us to believe that out of all the female prisoners of Central Jail Karachi interviewed, 54% were guilty, while 46% were only accused. It has been found from the data of this research that majority of the respondents, about 66%, were imprisoned for the offence of murder. While 24% of the female prisoners were charged with the offence of theft, 4% were imprisoned for kidnapping, 2% for dacoit, and 14% for smuggling drugs.
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Criminality and age have been traditionally linked. In underdeveloped countries like Pakistan, involvement of females from the ages of 24 to 29 in crime has been found by this study to be more than any other age group. The age structure of the sample is presented by Table 1. It shows that the percentage of female prisoners from the ages of 18 to 23 in central prison Karachi is 12%, while the largest majority is of the ages 24 to 29 which is 36%. Moreover, the ages 30 to 35 constitute 28% of the prison population, while the ages 36 to 41 occupy 8%, and the ages 42 to 47 take up 6% of the total female criminal population of central prison Karachi. Ten percent of female criminals are from the ages 48 to 53. Table 4 shows the marital status of the respondents. The data provided by this table shows that 16 percent of the female criminals interviewed were unmarried, while 42% of them who were married constituted the majority of the prison population. Moreover, 12% of the respondents were widowed, while 20% of them were found to be divorced, and simultaneously it was also found out that 4% were engaged, whereas 6% were temporarily separated. During interviews it was identified that 2% of the female prisoners interviewed came into prison 2 days ago, and 14% of them have been imprisoned since 1 up to 2 months. Moreover, 8% of the female prisoners have been in this prison since 3 to 4 months, while 6% of them have been present here since 5 to 6 months. Subsequently, it has also been found out that 8% of the female prisoners have been imprisoned since 7 to 9 months, along with 24% of the female prisoners who have been present in this jail since 1 to 2 years. Distribution of respondents according to the number of children they have has been done in Table number 5. The data given in that table shows that 20% of the female prisoners who are mothers have one child, while 30% of them which constitute the majority of the prison population have two children, along with 23.33% of them who have three children. Subsequently, it has been found that 10% of them have four children, and 10% more have five children, while 6.66% have six children. Through this research it has been found that according to the data in Table 3, all 100% of the respondents are Muslims. Furthermore, Table #5 shows that 24% of the female prisoners interviewed are literate. It was also found out that 6% of the respondents are barely literate. Twenty- two percent of the female prisoners had received religious education only, while 8% of them had gotten only primary education where another eight of them had received middle education only. Subsequently, the data shows that 24% of them were matric pass, while only 8% of them had received intermediate education. The data given in Table 7 and Table 8 shows that all of the female prisoners are allowed to meet their relatives physically and talk to them through phone. Through the data present in Table 8, we have come to understand that 74% of the respondents’ relatives are willing to meet them, while 26% of the prisoners’ relatives are not. Through further information garnered through Table 21, we have found that 34% of the respondents’ relatives’ behavior is good, and 6%’s is very good. But unfortunately, it has been found out that 8%’s behavior is bad, while another 8%’s behavior is very bad. Thirty-four percent of the respondents think that
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their relatives’ behavior is just OK, while 10% of them claim that their relatives do not come at all. Data given in Table number 9 shows that 52% of the respondents are affected by their meeting with relatives, while 48% are not. Data driven in Table number 10 shows that while 46% of the respondents face mental stress, 54% of them who constitute the majority of the female population do not. The data shows that only 34% of the female prisoners are victim to any disease. Moreover, it has been found out that among all the prisoners who have diseases, 41.17% have diabetes, 35.29% have asthma, 17.64% face a BP problem, whereas 5.88% have a brain tumor. When it was inquired by the prisoners whether they fell victim to the diseases before or after imprisonment, 66 replied that they had no disease, 28% responded by saying that they were affected before imprisonment, whereas 6% claimed that they had been affected after imprisonment. This proves that the healthcare system of the jail is very efficient since only a small number of the population caught any disease during their imprisonment. Furthermore, all female prisoners receive basic medical facilities, and according to the majority of respondents, their health checkup is conducted every month by a doctor inside the jail. The majority of the prisoners think that the behavior of the health checker is good, while 90% of them think that the doctor’s treatment is effective. All the the female prisoners are granted medical treatment free of cost. Women prisoners shared that all female prisoners receive full meals on time. Most of the respondents considered the jail environment was good and staff attitude was fine. Forty percent of these respondents were mothers and gave birth to a child in jail and they were satisfied with the medical care provided. They were provided with good diet and medical care during and after pregnancy. The mother has the permission to keep the child with her after birth as long as she wishes to. During that time all the nutritional needs of the children are fulfilled and they can be handed over to the relatives if the mother allows to. Children are provided educational facilities as they have a school and madrassa in jail; the child’s education is also free of cost. This research shows that only 8.33% of the respondents supported their child through their own self earning, and only 33.33% of the mothers in jail consider themselves the sole guardians of their children, while only 22% of them claim that anyone in jail has helped them regarding child’s problem. Sixty-six percent of the respondents had a source of earning in jail, majority of them 42.42% are involved in stitching and tailoring, 27.27% paint, 6.06% are beauticians, whereas 3.03% are gym instructors and another 3.03% are librarians. Meanwhile 51.51% of the working female prisoners were already trained, 48.48% of them got their training in jail. Most of the respondents claim that there is no specific time duration for their work, only 63.63% are satisfied with their source of earning, while 3.03% received no payments at all. Overall earnings of the female imprisoned workers in jail are too low. Only 39.39% of the workers in jail can fulfill their expenses through their earnings, while 42.42% of them barely survive, and
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15.15% can hardly fulfill their expenses, so only 10% of them send a little bit of their earnings home. The data of this study shows that 56% of the respondents we’re in jail and corona hit Pakistan, 48% of them got aware of it at early stages, 18% of them knew about it in 2020, 10% then government created awareness about it, 14% came to know when it hit the jail and 2% when cases increased in Karachi. Initially only 26% of the respondents fully believed in corona, while 56% believed that it was a serious issue and they had to take care of themselves while only 10% did not believe in it at all. Nevertheless, only 64% of the respondents claim that the SOPs were followed, while 36% of them were unaware. Fifty-eight percent of the respondents do not think that had any difficulties meeting relatives due to SOPs, while 42% faced issues due to SOPs. 9.52% of respondents did not get permission to meet their relatives, another 9.52% got very little meeting time, whereas 71.42% claimed that they were allowed to meet their relatives at 9.52% but only allowed to talk on the telephone. Forty-two percent of the respondents were not aware when the first case of corona hit jail, while 18% of them do not remember. Another 18 persons claimed that corona came in jail at early stages. It was also found out that while 46% of the respondents were not affected by coronavirus, 36% of them got infected but recovered and, 10% had a mild attack of the virus. Vaccination facilities were provided to all the prisoners and they felt protected after that. Table no. 1 Distribution of respondents according to their age Ages 18–23 24–29 30–35 36–41 42–47 48–53 Total
Frequency 6 18 14 4 3 5 50
Percentage (%) 12 36 28 8 6 10 100
Table no. 2 Distribution of respondents according to their city City Frequency Karachi 35 Larkana 5 Hyderabad 7 Peshawar 3 Total 50%
Percentage (%) 70 10 14 6 100
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Table no. 3 Distribution of respondents according to their religion Religion Frequency Islam 50 Total 50
Percentage (%) 100 100
Table no. 4 Distribution of respondents according to their marital status Marital status Unmarried Married Widow Divorced Engaged Temporarily separated Total
Frequency 8 21 6 10 2 3 50
Percentage (%) 16 42 12 20 4 6 100
Table no. 5 Distribution of respondents according to academic qualification Academic qualification Illiterate Barely literate Religious education only Primary Middle Matric Intermediate Total
Frequency 12 3 11 4 4 12 4 50
Percentage (%) 24 6 22 8 8 24 8 100
Table no. 5 Distribution of respondents according to the number of children they have Number of children Frequency 1 6 2 9 3 7 4 3 5 3 6 2 Total 30
Percentage (%) 20 30 23.33 10 10 6.66 100
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Table no. 6 Distribution of respondents according to nature of crime Nature of crime Murder Theft Kidnapping Dacoity Drugs smuggling Total
Frequency 33 12 2 1 2 50
Percentage (%) 66 2 4 2 14 100
Table no. 7 Distribution of respondents according to permission granted to meet family Permission granted Frequency Yes 50 Total 50
Percentage (%) 100 100
Table no. 8 Distribution of respondents according to the willingness of relatives to meet them Willingness of relatives Come to meet Do not come to meet Total
Frequency 37 13 50
Percentage (%) 74 26 100
Table no. 9 Distribution of respondents according to mental stress they face Mental stress Yes No Total
Frequency 23 27 50
Percentage (%) 46 54 100
Table no. 10 Distribution of respondents according to the type of mental stress they face Type of mental stress Frequency Overthinking 18 Depression 3 High BP 2 Total 23
Percentage 78.26 13.04 8.69 100
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Table no. 11 Distribution of respondents according to whether they faced anger issues because of mental stress Anger issues Yes No Total
Frequency 18 32 50
Percentage (%) 36 64 100
The data given in this table shows that 64% of respondents do not face anger issues because of mental stress, while 36% do. Table no. 12 Distribution of respondents according to the intensity of their anger issues Intensity Frequency Very high 8 Not very high 1 I hate everyone 1 I want to kill everyone 5 I do not understand anything 3 Total 18
Percentage (%) 44.44 5.55 5.55 27.77 16.66 100
Questionnaire Female Prisoners 1. Respondent’s name 2. Age 3. The full address of the respondent 4. Phone number 5. Town • Name of the population • Name of the area 6. Religion • • • •
Islam Christianity Hindu Others
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7. Mother tongue • • • • • •
Urdu Sindhi Punjabi Pashto Balochi Others
8. Educational qualifications • • • • • • •
Illiterate Barely literate Religious Middle ... Matric Intermediate Other
9. Marital status........................ • • • • • • •
Unmarried Married Widow Divorced Temporary separation from husband Second marriage Others
10. Number of children/siblings • No one • Number ……………. 10.1. • Boy/brother…………… • Girl/sister…………….. 11. Family type • Nuclear • Joint 11.1. Number of people if nuclear A. • • • • •
Adults…………. Male…………… Female ........................ Children …………. Siblings …………..
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B. Number of earners …………………….. C. Number of earning men. …………………….. D. Number of earning women. …………………….. G. Number of earning children/siblings. …………………….. 11.2. Number of family members if joint A. • • • • •
Adults…………. Male…………… Female ........................ Children …………. Siblings …………..
B. Number of earners …………………….. C. Number of earning men ……………………. D. Number of earning women …………….. G. Number of earning children/siblings ………………. 1 2. How long have you been here?.................. 13. Level of the crime? • The culprit • Accused 14. What was the nature of the crime?.......................... 15. Are you allowed to see your relatives? • Yes ................. • No ................... 16. After how much time are you allowed to meet your relatives? • • • •
One week Two weeks Two months later Other………….
17. Who is allowed to meet? • • • • •
Husband Brother Sister Father Other......................
18. How long is the meeting time? • 10 minutes • 15 minutes • 20 minutes
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• Half an hour • Other.............. 19. Do you have the facility to talk to family members on the phone? • • • •
Yes. No Sometimes Other .......................
19.1. If yes, how much time is allowed? • • • • •
5 minutes 10 minutes 15 minutes Half an hour Other ........................
20. Do any of your relatives agree to visit you on the day of the meeting? • Come to visit • Don’t come to visit • Other ........................ 21. How do your relatives treat you? • • • • • •
Good Very good Bad Very bad Just fine Other .........................
22. Does meeting with relatives have any effect on you? • Yes • No 22.1. If yes, what is the effect? • • • • •
Get emotional. I start to cry. I get angry at myself. Regrets. Other.......................
23. Did being imprisoned affect you? • Yes.................. • No.................. • Somewhat...................
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23.1. If yes, how? • Negative • Positive 24. Has there been any change in the attitude of your relatives before and after your imprisonment? • Yes................. • No................... 24.1. If yes? • Negative • Positive 25. Are you suffering from any kind of depression? • Yes................... • No.................... 25.1. If yes, what kind? • • • •
Overthinking Go into depression BP increases Other.......................
26. Were you already facing mental stress? .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 27. What was the type of mental stress? • • • •
Have nightmares. Any kind of panic and anxiety. I scream. Other.......................
28. Does mental stress cause more anger? • Yes................... • No.................... 28.1. If yes, what is the intensity of anger? .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 29. Are you suffering from any disease? • Yes................ • No.................. 29.1. If yes, then what kind of disease do you suffer from? • • • •
Asthma problems Heart disease Diabetes Other.......................
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30. Were you a victim of this disease before or after your incarceration? .. .. .. .. .. .. .. .. .. .. .. .. 31. Did you have a complete health check before coming to jail? • Yes................. • No................... • Somewhat.................... 32. Are you provided basic medical services? • Yes.................. • No................... • Little bit.................... 33. How often is your health checked? .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 34. Who conducts your health checkup? • • • • •
Nurse Doctor Dentist Healthcare providers Other.......................
35. What is the attitude of the examiner toward you? • • • • •
Good Very good Bad Very bad Just fine
36. Is the treatment of these doctors effective? • • • •
Yes. No. It just gets better temporarily. Other.......................
37. Is the treatment free? • • • •
Yes No Take a little payment Other.......................
38. Is medicine available? • • • •
Yes.......... No Sometimes it is available. Other.......................
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39. Does the doctor treat you in jail or are you taken out of jail? • It happens in prison. • Getting out of jail. • Other....................... 40. How long do you have to wait for a medical examination? .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 41. According to you, what kind of medical facility is provided in the jail? • • • • • •
Good Pretty well Bad Too bad Just fine Other.......................
42. Do you get food on time? • Yes......... • No......... 42.1. If not, why not? .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 43. What kind of facilities are available to you? • Meals are delivered on time. • Don’t do too much • Other....................... 44. Do you think that your previous health was better than your current health? • Yes • No 44.1. If not, why not? .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 45. What is the environment like in prison and what is the attitude of the staff here? • • • •
Good Very good Bad Too bad
46. Is there any abuse against women here? • Yes. • No. 46.1. If yes, what kind? • Physical • High work pressure • Others
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47. Do women suffer from any mental stress after being abused? • Yes • No 48. Have you ever been tortured here? • Yes • No 48.1. If yes, what was the reason? .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... .. 49. What is the nature of violence? • Too much of a nature • Not providing food • Others ………. 50. What is the reason for the police to torture you? Explain. .. .. .. .. .. .. .. .. .. .. .. .. .. 51. What is your marital status? • • • • • •
Unmarried Married Widow Divorced Engaged Temporary separation
52. Do you have children? • Yes • No ... 52.1. If yes, how many? .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 53. Were any of them born in prison? • Yes • No 54. Did you face any difficulty in their birth? .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 55. What facilities are available for women here during pregnancy? • To go to the hospital. • Medical facilities are available. • Others. 56. How is the health of women taken care of during pregnancy? • Through good nutrition • Through good food • Others
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57. Do women get rest after pregnancy? • Yes • No 57.1. If yes, how? .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 57.2. If not, why not? .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 58. Are you allowed to have a child after birth? • Yes. • No. 59. How long can a mother stay with her child after it is born? • One and a half month • Three months • Others……….. 60. How are the nutritional needs of the child met? • From the mother’s part. • The child gets a separate meal. • Others…………. 61. After the birth of a child, is he kept in jail? • Yes • No 61.2. If not, what is the reason? .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 62. Can the child be given to the father or any other relative by the will of the mother? 63. What is the arrangement of the child’s education here? • • • • •
No system. You teach yourself. There is a school here. There is a madrassa here. Others……………..
64. Is your child’s education free here? • Yes • No
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64.1. If not, how do you pay the fees? • • • •
By working From relatives From husband Others………….
65. Does your child stay with you all day? • Yes • No • Other ................... 66. How many hours does he stay with you? .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 67. What is the sleeping system of the child? • Sleeps with you • Sleeps separately • Others 68. Who provides financial support for the child’s upbringing? • • • •
I earn my own living. The husband sends. Parents help. Others.
69. Do you consider yourself the sole breadwinner of your child? • Yes • No 70. Has anyone in prison helped you with children’s issues? • Yes • No 71. Is there any source of income for you in jail? • Yes • No 71.1. If yes, what? .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 72. Were you trained for this job? • • • •
Yes. No. I was already trained. Others.
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73. What is the duration of the work you do? • • • •
Three hours. Five hours. There is no set time. Others.
74. Are you satisfied with your source of income? • • • •
Yes Very much No Other……….
75. What is your income? .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. 76. After how long is the salary received? • • • • •
Daily Weekly Monthly Annually Other……….
77. Are your expenses covered in this income? • • • •
No, I do it with great difficulty. Yes, thank God. I barely survive. Others.
78. How did working in prison affect you? • Negatively • Positively • Just ok 78.1. If positive then how? • I found this prison work very interesting. • This job will help me get a job on release. • Others. 79. Do you send home some of your income? • Yes, a little bit. • No, I don’t earn enough to send home. • Others. 80. Did you earn money even before imprisonment? • I earned. • I did not earn.
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81. Were you in prison when the coronavirus attacked Pakistan? • Yes • No 82. When did you become aware of this virus? .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 83. Did you believe in it in the beginning? • • • •
Yes A little No Others
84. Were SOPs due to this virus implemented in the jail? • • • •
Yes No Somewhat Other.......................
85. Did SOPs make it difficult to meet relatives? • Yes • No 85.1. If yes, then how? • • • • •
Not allowed to meet. There was very little time allowed. It was allowed to meet from a distance of 6 feet. Just talking on the telephone was allowed. Other .......................
86. Have you been facilitated to implement SOPs? • • • • • •
Yes. No. Nothing particular. Have to manage myself. Just get a mask. Other ......................
87. When did the first corona case come in jail? .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 88. Were you affected by it? • • • •
Yes No Little bit Other …………..
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89. Is there any vaccine for prisoners? • Yes. • No, we do not have such a good fortune. • Other ……………. 90. If you are given vaccine, will you get it? • Yes. • No, I’m afraid. • Other. 91. What problems did you face due to SOPs? .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
Index
B Beliefs, 5 C Communities, 9, 23, 35–37, 45, 47, 76–79 COVID-19, 27–38, 82 Cultures, 2, 5, 14, 16, 18, 41–43, 47, 55–57, 66
G Gender, 1, 2, 6, 13–18, 20–24, 28, 30, 31, 37, 41–48, 52–57, 59, 61, 65, 67–70, 72–74 Gender gap, 2, 3, 65 I Incarceration, 9, 27–38, 68, 69, 71–73, 76, 78, 79 J Judicial system, 41
D Developing world, 13 Discriminatory laws, 1–9, 47 Drugs, 3, 4, 6, 15, 19, 20, 52, 65, 78, 84, 89 E Empowerment, 30, 32, 51 F Female offenders, 5, 13–15, 41, 42, 52–54, 59, 66 Feminine, 4, 41, 45, 51, 52, 54 Feminists, 13–24, 41, 42, 51, 56, 82
L Lockdowns, 27–31 M Masculine, 41, 54, 73 Media, 28, 45, 48, 51–61 Mental health, 30, 32 P Pandemic, 27–38 Patriarchal, 5, 14–16, 18–21, 24, 47, 51, 55, 56, 65–69, 76
© The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2023 A. A. Bilgrami, S. Nasreen, Women Prisoners, https://doi.org/10.1007/978-3-031-46331-0
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104 Physical abuse, 5, 70 Print media, 57–58 Punishments, 7, 8, 13, 19, 54, 68–72, 75, 77, 82 R Recessions, 28, 30 S Siblings, 76–80 Social customs, 66, 71, 74 Social norms, 3, 66, 68, 69
Index Social phenomenon, 1, 13 Stereotypes, 47, 51, 52, 54, 59, 61, 68, 69, 73, 74 V Values, 4, 5, 29, 51, 75 Violence, 3, 6, 7, 16, 18–24, 28, 32, 42, 51, 58, 60, 65–74, 76 W World Health Organization (WHO), 27, 28, 32, 33