| Introduction: Give a brief description of the handbook. Body: What are the implications of stereotyping language for women’s safety, well-being, and the larger pursuit of justice? Conclusion: Way forward. |
Recently, the Supreme Court issued a handbook on combating gender stereotypes. The 30-page Handbook on Combating Gender Stereotypes aims to free the judiciary and the legal community from the mechanical application of gender stereotypical language in judgments, orders, and court pleadings. These gender stereotypes undermine “the transformative project of the law and the Constitution of India, which seek to secure equal rights to all persons, irrespective of gender” in addition to harming the outcome of a legal case. They also promote harmful ideas about women and, in fact, all people across the gender spectrum.
What are the implications of stereotyping language for women’s safety, well-being, and the larger pursuit of justice?
- Undermine gender equity: A study at Carnegie Mellon University has found that cultural stereotypes words like “devoted wife”, and “career woman”in various languages about women being more suited to the domestic sphere, have undermined gender equity efforts in STEM careers. This harms women’s educational and employment prospects.
- Victim Blaming: In situations involving harassment, assault, or violence against women, the use of stereotypical language can result in victimization. When language indicates that women are to blame for their abuse because of how they appear, behave, or make decisions, it deters reporting and compromises efforts to bring perpetrators to justice.
- Safety: Women may be hesitant to report occurrences or pursue justice when society upholds stereotypes that cast doubt on the veracity of their experiences of harassment or violence. This lack of reporting prevents necessary action from being taken and supports a culture of impunity.
- Impartiality: Judges’ impartiality is compromised by gender stereotypes. Their impression of whether violence has occurred in situations like the rape of sex workers, the rape of married women by their husbands, or domestic violence in same-sex relationships is also influenced by how they understand criminal offenses.
- Negative Perception: Women are frequently portrayed in gender stereotypes as being emotionally and physically weaker than males. This idea may cause people to believe that women are more likely to be the targets of harassment, aggression, and other forms of harm which has implications for their safety and well-being and the larger pursuit of justice.
Conclusion:
Gender stereotypes distort the law’s application to women & reinforce ideas contrary to our constitutional ethos. Predetermined preconceptions in judicial decision-making go against the judge’s obligation to decide each case fairly, impartially, and independently. There is a sincere hope that the handbook will mark a significant milestone in the journey toward a more just and equitable society.
