Critical Criminology
🔍 What is Critical Criminology?
Critical Criminology is a school of thought that challenges mainstream understandings of crime and criminal justice. It focuses on how power structures, social inequality, race, class, and capitalism shape the definitions of crime, enforcement of laws, and functioning of the justice system.
It argues that:
Crime is socially constructed, often defined by those in power to protect their interests.
The criminal justice system disproportionately targets marginalized groups (such as the poor, minorities, or political dissenters).
Laws are often tools of social control rather than instruments of justice.
🧱 Core Themes of Critical Criminology:
| Theme | Explanation |
|---|---|
| Social Inequality | Law enforcement disproportionately targets the poor, minorities, and marginalized. |
| Power and Control | Laws are made and enforced by the powerful to maintain status quo. |
| Structural Violence | Systemic issues (like poverty or racism) are often ignored as “non-criminal,” even though they cause massive harm. |
| State Crime and Corruption | The state itself can be a perpetrator of crime (e.g., police brutality, custodial torture). |
📚 Case Law Examples Relevant to Critical Criminology
Below are five cases—from India and abroad—analyzed from a critical criminological perspective, highlighting how they expose structural injustice and misuse of power.
1. Khatri v. State of Bihar (1981–1989)
Court: Supreme Court of India
Facts: This case involved the Bhagalpur blindings, where police officers blinded undertrial prisoners by pouring acid into their eyes.
Judgment:
The Supreme Court ordered compensation and held the state accountable for custodial torture.
Reaffirmed that state-sponsored violence violates Article 21 (Right to Life and Personal Liberty).
Critical Criminology View:
Reveals how state power can be criminal.
Shows how the poor (undertrials) were dehumanized by the very system meant to protect them.
Highlights structural violence and abuse of institutional authority.
2. D.K. Basu v. State of West Bengal (1997)
Court: Supreme Court of India
Facts: Concerned custodial violence and deaths at the hands of police in India.
Judgment:
The Court issued detailed guidelines for arrest, detention, and custodial rights to prevent abuse.
Held that torture by law enforcement is unconstitutional, even during investigation.
Critical Criminology View:
Illustrates the systemic criminalization of poverty and police brutality against marginalized communities.
Challenges the myth of justice neutrality in law enforcement.
Recognizes that violence by the state is often invisible but pervasive.
3. State of Uttar Pradesh v. Rajesh Gautam (2003) – Dalit Atrocity Case
Court: Supreme Court of India
Facts: Dalits were attacked and killed by members of dominant caste in caste-based violence.
Judgment:
The Court upheld convictions and recognized the caste motive behind the crimes.
Applied the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Critical Criminology View:
Brings attention to structural caste oppression as a form of state-tolerated violence.
Exposes how law enforcement often ignores or delays action when victims are Dalits or from marginalized communities.
Shows that systemic inequality is at the heart of many crimes.
4. George Floyd Case (United States, 2020)
Court: U.S. District Court (State of Minnesota)
Facts: George Floyd, an unarmed Black man, was killed by police officer Derek Chauvin who kneeled on his neck for over 9 minutes.
Judgment:
Chauvin was convicted of murder and manslaughter.
Sparked global protests and debates on racial bias in policing.
Critical Criminology View:
Exposed systemic racism in the American criminal justice system.
Showed how state institutions disproportionately harm minorities.
Reinforced ideas about racial profiling, police militarization, and lack of accountability.
5. Binayak Sen v. State of Chhattisgarh (2011)
Court: Chhattisgarh High Court and Supreme Court
Facts: Dr. Binayak Sen, a human rights activist and pediatrician, was convicted of sedition and alleged to have links with Maoists.
Judgment:
The trial court convicted him, but the Supreme Court granted bail, questioning the basis of evidence.
Critical Criminology View:
Illustrates criminalization of dissent.
Highlights how activists working for the poor and tribal populations are often branded as criminals.
Raises concerns about state repression, misuse of anti-terror laws, and curbing of civil liberties.
🧠 Summary Table
| Case | Core Issue | Critical Criminology Insight |
|---|---|---|
| Khatri v. Bihar | Police blinded prisoners | State violence against underprivileged |
| D.K. Basu | Custodial torture | Need for structural reform in policing |
| Rajesh Gautam | Caste-based violence | Legal system's role in caste inequality |
| George Floyd | Racial police brutality | Systemic racism and biased enforcement |
| Binayak Sen | Arrest of activist | Criminalization of political dissent |
🧾 Conclusion
Critical Criminology challenges the idea that the criminal justice system is neutral or fair. The cases discussed above demonstrate that:
Powerful actors, including the state, can be perpetrators of crime.
Marginalized communities often face disproportionate policing and punishment.
Legal definitions of crime can be politically motivated, serving elite interests.
These case laws reflect the need for a more inclusive, socially aware legal system that does not ignore the deeper roots of crime in poverty, inequality, discrimination, and state excess.
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