- By issuing a special guide, the Supreme Court of India has made a big step towards challenging old views, particularly those hurting women.
- In order to combat harmful attitudes, this guide proposes new phrases for lawyers and judges to use in court.
Combating Gender Stereotypes: A Handbook
- The manual includes a list of biassed terminology as well as suggestions for better alternatives in legal papers.
- Its primary goal is to provide legal professionals with the tools they need to “identify, understand, and challenge stereotypes about women.”
- It comprises a list of terminology that encourage gender bias as well as alternative, more equitable terms for use in legal documents.
The Handbook’s Goal and Scope
- Challenging Old Beliefs: The Supreme Court’s project, the ‘Handbook on Combating Gender preconceptions,’ attempts to eliminate outdated and harmful preconceptions, particularly those connected to women.
- The Vision of the CJI: Chief Justice D.Y. Chandrachud introduces the booklet and describes its purpose: to assist legal professionals in recognising and combating gender stereotypes.
- Language Transformation: The guidebook offers a glossary of phrases that contribute to gender prejudice in legal texts and suggests better alternatives.
Why such a move?
[A] Language inflicting Stereotypes
- The handbook identifies legal words that cause gender bias and makes recommendations for change.
- Change Examples: Instead of “adulteress,” the handbook suggests “woman who has engaged in sexual relations outside of marriage” to avoid using derogatory words.
- Getting Rid of Biases: The guideline recommends using basic phrases such as “woman” and “wife” rather than prefixes such as “chaste” or “obedient.”
- Employing Neutral Language: Instead of using the pejorative term “effeminate,” the manual recommends adopting neutral terms such as “confident” or “responsible.”
[B] Avoiding labelling
- Empowering Language: The guideline advocates using the terms “survivor” or “victim” to describe people who have experienced sexual violence.
- Preferences Should Be Respected: The choice between “survivor” and “victim” should be based on the individual’s preference.
[C] Conscious Reporting of Cases
- Separating Attire from Consent: The guidebook emphasises that a person’s attire should never be used to justify inappropriate touching; consent is still required.
- Breaking Stereotypes: The manual opposes the notion that failure to report sexual assault means it did not occur.
- Encouraging Reporting: Due to cultural constraints, the guidebook recognises the fortitude required to report sexual offences.
Gender Stereotypes Have Negative Effects
- Gender stereotypes cause exclusion and bias in companies, schools, and public areas.
- Example in Education: The guidebook shows how stereotypes affect students from marginalised backgrounds, increasing stress during exams.
- Government Data: As an example, Minister Subhas Sarkar’s data on dropout rates among marginalised pupils is provided.
Legal Reforms to Combat Gender Stereotypes
- Instances for Equality: The Supreme Court cites instances that challenge preconceptions, such as Joseph Shine vs. Union of India, which overturned the “adultery” legislation.
- Example Rulings: The decisions of the Supreme Court in cases such as State of Jharkhand vs. Shailendra Kumar Rai and State of Punjab vs. Gurmit Singh are explained.
Source: https://www.thehindu.com/news/national/explained-how-is-the-supreme-court-tackling-gender-stereotyping/article67214069.ece#:~:text=It%20is%20no%20longer%20proper,responsible)%2C%E2%80%9D%20it%20says.