The Supreme Court Introduces A Handbook To Address Gender-Based Stereotypes

In a significant stride towards fostering a more inclusive and equitable legal framework, the Supreme Court has unveiled a groundbreaking handbook aimed at eradicating gender-based stereotypes within the judiciary. Spearheaded by Chief Justice of India Dhananjaya Y Chandrachud, the handbook addresses common gendered phrases often employed in court proceedings, such as "housewife," "affair," and "fallen woman," and offers alternative, unbiased terms. This pioneering effort seeks to cultivate a gender-just legal system and reflects the court's commitment to promoting fairness and eliminating prejudice.

The release of the 30-page Handbook on Combating Gender Stereotypes signals a concerted effort to break free from the routine use of gender-biased language within the judiciary and legal community, as evident in judgments, orders, and court documents. Chief Justice of India D.Y. Chandrachud, while announcing the handbook's publication, expressed optimism that it would serve as a pivotal step towards cultivating a fairer and more just society.

In his foreword, Chief Justice Chandrachud emphasized the significant yet often overlooked aspect that predetermining stereotypes in judicial decision-making contradicts the fundamental responsibility of judges to evaluate each case impartially and independently, solely on its merits.

The handbook zeroes in on the misconceptions surrounding women's "so-called inherent characteristics." It challenges stereotypes like the notion that women are "excessively emotional, illogical, and incapable of making decisions." The handbook debunks this notion, asserting that an individual's gender does not influence their rational thinking capacity.

The handbook also delves into assumptions made about a woman's character based on her clothing choices and sexual history. Such assumptions can unjustly impact the legal assessment of her actions and statements, particularly in cases involving sexual violence, potentially undermining the significance of consent in such contexts.

The handbook recommends discarding terms like: 

1.  "slut," "harlot," and "seductress," as well as phrases like "fallen woman" and "woman of easy virtue." It advocates replacing such descriptors with a simpler "woman." 

2. The book also discourages using adjectives like "dutiful," "faithful," and "obedient" for a "wife," opting for more neutral terms. 

3. "Housewife" becomes "homemaker," 

4. "Affair" transforms into a "relationship outside marriage," 

5. "Prostitute" shifts to "sex worker," 

6. "Eve-teasing" is replaced by the more precise "street sexual harassment." 

Chief Justice Chandrachud highlighted the profound impact of language on the legal system, noting that words are the conduit through which legal values are communicated. He drew attention to the shift in language within the Code of Civil Procedure 1908, which replaced the term "pauper" with "indigent," exemplifying how language evolves to better respect and reflect the dignity of individuals.

In essence, the Handbook on Combating Gender Stereotypes seeks to challenge regressive language practices and pave the way for a legal discourse that upholds fairness, equality, and dignity for all, irrespective of gender.

Author: Anushka Taraniya

News Writer, MIT ADT University