To remove gender stereotypes from the law, a new SC handbook

Source: The post is based on the article “To remove gender stereotypes from the law, a new SC handbook”  published in The Hindu 17th August 2023.

What is the News?

The Supreme Court has launched a handbook titled “Handbook on Combating Gender Stereotypes”.

What is the purpose of the “Handbook on Combating Gender Stereotypes”?

Aim: To free the judiciary and the legal community from the mechanical application of gender stereotypical language in judgments, orders, and court pleadings.

– To assist judges and the legal community in identifying, understanding and combating stereotypes about women.

Key details of the handbook: 

Importance of Language used by judges: The language a judge uses reflects not only their interpretation of the law, but their perception of society as well.

– Even when the use of stereotypes does not alter the outcome of a case, stereotypical language may reinforce ideas contrary to our constitutional ethos.

– Language is critical to the life of the law. Words are the vehicle through which the values of the law are communicated. Words transmit the ultimate intention of the lawmaker or the judge to the nation.

Stereotypical words used in judgements: The handbook identifies common stereotypical words and phrases used about women, many of them routinely found in judgements.

– For example: In the 2017 SC ruling awarding the death penalty for the convicts in the Delhi gang-rape case, the verdict repeatedly uses the word “ravished” to say raped.

–  The 2017 judgment of the Kerala High Court had said “A girl aged 24 years is weak and vulnerable, capable of being exploited in many ways”.

Alternative words to be used: The handbook also contains a glossary of gender unjust terms and suggests alternative words and phrases which may be used. For example:

– Instead of using words like “seductress”, “whore” or “woman of loose morals”, the word “woman” has to be used.

– The handbook also prohibits use of words like “hooker” and “prostitute” and said the term “sex worker” be used instead.

– The word “eve-teasing” will now be termed as “street sexual harassment” and “housewife” will now become “homemaker” for judicial discourses.

False assumptions: The handbook also deals with the “so-called inherent characteristics” of women.

– One of the identified stereotypes is the idea that women are overly emotional, illogical, and cannot take decisions. The reality is that a person’s gender does not determine or influence their capacity for rational thought.

– It also refers to assumptions made about a woman’s character based on her expressive choices, such as the clothes she wears, and her sexual history.

– Such assumptions may impact the judicial assessment of her actions and statements in a case involving sexual violence. For instance, they diminish the importance of consent in sexual relationships.