Punishing poverty: The economic disparity of the poor in the criminal justice system

Title

Punishing poverty: The economic disparity of the poor in the criminal justice system

Creator

Kaushal, Swati; Shrivastava, Vikalp; Neha

Description

Equality before law is one of the most significant features of the Indian constitution. Anyone who seeks justice must be provided with legal support without any discrimination. An accused is also assured of penalization based on the tenets of equality irrespective of his ethnicity, religion, economic, social background, etc. Poor parity has led to discriminatory approaches in awarding punishments to offenders belonging to economically marginalised sections of society. The low paying capacity of the poor offenders gives an upper edge to the rich offenders who has better paying capacity of fines or damages and suffer less severe repercussions through the justice system. This paper will conduct a comprehensive study to identify the discrepancies in the penalization process and its implications in the dispensation of justice. It will also explore the factors such as social background, ethnicity, and economic status which play an integral part in influencing the legal and sociological perspectives of the stakeholders of the justice delivery system. It will analyze the judicial trend and legislative framework to ensure equitable justice. It will conclude with suggestions and recommendations for the formulation of robust policies to ensure a just penal administration. 2026 The Author(s).

Source

Humanities and Social Sciences: A Multidisciplinary Approach;pp.781-786

Date

01-01-2026

Publisher

CRC Press

Subject

criminal justice system; damages; discrimination; fines; poor parity

Coverage

Kaushal S., School of Law, CHRIST University (Christ (Deemed to be University), NCR, Delhi, India; Shrivastava V., School of Law, CHRIST University (Christ (Deemed to be University), NCR, Delhi, India; Neha, Amity Law School, Amity University, Noida, India

Rights

Restricted Access; Hardcopy may be available in the library

Relation

ISBN: 978-100377193-7; 978-104129925-7; 978-104130185-1;

Format

online

Language

English

Type

Book chapter

Identifier

https://doi.org/10.1201/9781003771937-118

https://www.scopus.com/pages/publications/105038872175?origin=resultslist