Feminist Perspectives on Carceral Systems
Dr. Silvana Tapia Tapa, Ms. Disha Wadekar
In this virtual event, Dr. Silvana Tapia Tapia and Ms. Disha Wadekar will present feminist perspectives on carceral systems from Ecuador and India, respectively:
Anti-carceral feminism and violence against women: the limits and possibilities of human rights
by Dr. Silvana Tapia Tapia (Associate Professor, Birmingham Law School)
This article presents empirical findings on the engagement of anti-carceral feminist collectives with international human rights (IHRs), mainly concerning violence against women (VAW). Although IHRs’ reliance on penal mechanisms has been challenged, existing scholarship has not systematically explored how IHRs are utilised, negotiated and resisted by social movements fighting both VAW and penality. Through participatory research with organisers, activists, and practitioners in Ecuador—a nation afflicted by severe carceral violence and endemic VAW—the study reveals how the coloniality and penality of IHRs render the framework ineffective and even harmful for participants. While IHRs bodies prioritise combating impunity through criminalisation, prosecution and punishment, this approach frequently fails to protect women, reinforces discriminatory systems of surveillance and oppression, undermines anti-carceral struggles, and reinforces violent penal systems. Introducing the concept of ‘penal violence against women,’ the article unveils the systemic violence inflicted upon women through the penal system, both directly and indirectly. Participants show scepticism towards IHR mechanisms, favouring community-building, resource redistribution, and collective support as more effective strategies for preventing and overcoming violence. These findings critically interrogate criminal law-centric human rights strategies and introduce non-penal alternatives based on anti-carceral feminist praxis.
Caste, Gender, and the Limits of Carceral Feminism in India
by Ms. Disha Wadekar (Advocate, Supreme Court of India)
India's feminist movement has predominantly engaged with the law through a carceral lens, seeking justice for survivors of sexual violence within a punitive framework. A significant limitation of this approach is that the movement, while advocating for justice, has primarily reflected the concerns and priorities of "upper" caste women within the broader caste-class hierarchy in India. Given that "lower" caste individuals in India are disproportionately targeted by police, overrepresented in the prison system, and more frequently sentenced to capital punishment, the feminist movement’s “castelessness” has inadvertently reinforced reliance on the carceral state rather than exploring non-carceral alternatives to justice in cases of sexual violence. This is further exacerbated by the stark disparities in conviction rates in cases of violence against "upper" caste women and "lower" caste women, highlighting how the penal system consistently fails to deliver justice for the most marginalised communities. It is crucial to recognise that gendered casteism has been re-packaged in the form of the modern punitive system. It is time for India's feminist movement to confront an uncomfortable but necessary question: Who does the carceral system serve, and who does it ultimately punish? Feminist engagement with the law must, therefore, critically interrogate carceral approaches, employing a more farsighted analysis that steers the movement toward anti-carceral feminist futures.
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