Defending Women Who Kill: Analysing ‘Provocation’ in the Context of Intimate-Partner Homicide

Defending Women Who Kill: Analysing ‘Provocation’ in the Context of Intimate-Partner Homicide

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Volume 14 Issue 3 ()

The Indian scholarship on female criminality, primarily based on research conducted in correctional homes, reveals that most of the crimes committed by women are due to stressful situations or past victimisation. However, given the rarity of women’s involvement in brutal crimes, extensive studies on the judicial response towards female killers have not yet found a place in feminist legal literature. This article will be a novel addition to the existing scholarship, as it examines the approach of the Indian Courts towards female killers, within the context of Intimate-Partner Homicide. The study aims to shed light on how the parallel use of provocation defence by men; who kill out of jealousy and anger, and women; who kill out of fear of violence, is problematic to the extent that they continue to perpetuate male aggression and the violent subordination of women. Additionally, the study also includes arguments for the inclusion of women’s experiences into the existing law, which will challenge the legal fiction of neutrality and universality.

Cite as: Aishwarya Deb, Defending Women Who Kill: Analysing ‘Provocation’ in the Context of Intimate-Partner Homicide, 14 NUJS L. Rev. 470 (2021)