Handbook on Combating Gender Stereotypes: Explained, pointwise

Introduction

Recently, the Supreme Court has issued a first-of-its-kind 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.

About the Handbook on Combating Gender Stereotypes

The Handbook aims to assist judges and the legal community in identifying, understanding and combating stereotypes about women.

It contains a glossary of gender-unjust terms and suggests alternative words or phrases which may be used while drafting pleadings as well as orders and judgments.

For example, instead of using terms like “seductress,” “whore,” or “woman of loose morals,” the handbook suggests that the term “woman” should be used.

The Handbook identifies common stereotypes about women, many of which have been utilised by courts in the past and demonstrates why they are inaccurate and how they may distort the application of the law.

The Handbook also encapsulates the current doctrine on key legal issues which may be relevant while adjudicating certain cases, particularly those concerning sexual violence.

What are stereotypes?

A stereotype is defined as “a set idea that people have about what someone or something is like, especially an idea that is wrong.”

Stereotypes are typically held against individuals by virtue of their membership of a group. They are assumptions or beliefs that individuals belonging to specific social groups have certain characteristics or traits.

For example, people in many countries believe that all Indians are good at science and mathematics.

Stereotypes influence one’s thoughts and actions towards other people. On a micro-level, stereotypes lead to exclusion and discrimination in workplaces, educational institutions, and public places.

For example, even where male and female employees are of the same designation, a female employee may be tasked with administrative duties such as organising office-events or buying stationery, while male employees are exempted from such tasks.

How do stereotypes impact judicial decision making?

Stereotypes impact the impartiality and the intellectual rigour of judicial decisions. They cause judges to ignore or bypass the requirements of law or distort the application of the law in relation to specific persons or groups.

Even when judges reach legally correct outcomes, the use of reasoning or language that promotes gender stereotypes undermines the unique characteristics, autonomy, and dignity of the individuals before the court.

Using stereotypes goes against the constitutional principle of ‘equal protection of laws’, which suggests that the law should apply uniformly and impartially to every individual, irrespective of their membership to a group or category.

The use of stereotypes by judges also has the effect of entrenching and perpetuating stereotypes, creating a vicious cycle of injustice.

What are the different types of gender stereotypes?

Gender stereotypes are assumptions about the characteristics that individuals of particular a gender have, or the roles that they should perform. This is often seen in assumptions about the different characteristics men and women are believed to possess, and the roles they are expected to perform.

The most common kinds of gender stereotypes that concern women are:

A) Stereotypes based on the so-called “inherent characteristics” of women

Assumptions are held about the characteristics of men and women which are believed to be “inherent” to each group. These assumptions extend to their emotional, physical, and cognitive capabilities.

For example, a commonly held stereotype is that women are overly emotional, illogical, and cannot take decisions. While the reality is a person’s gender does not determine or influence their capacity for rational thought.

B) Stereotypes based on gender roles

Society ascribes specific roles to specific genders. These gender roles are products of social construction and social understandings. Any deviation from these gendered roles leads to social stigmatisation.

For example, a commonly held stereotype is that women are more nurturing and better suited to care for others. While the reality is people of all genders are equally suited to the task of caring for others.

C) Stereotypes concerning sex and sexual violence

Assumptions are often made about a woman’s character based on her expressive choices (e.g., the clothes she wears) and sexual history. These assumptions may also impact how her actions and statements are assessed in judicial proceedings.

Assumptions based on a woman’s character or the clothes she wears diminish the importance of consent in sexual relationships as well as the agency and personhood of women.

For example, a commonly held stereotype is that women who dress in clothes that are not considered to be traditional want to engage in sexual relations with men. If a man touches such a woman without her consent, it is her fault. While the reality is the clothing of a woman neither indicates that she wishes to engage in sexual relations nor is it an invitation to touch her.

Why is it important for judges to avoid stereotypes?

Relying on predetermined stereotypes in judicial decision-making disregards the duty of judges to decide each case on its merits, independently and impartially.

In particular, reliance on stereotypes about women is liable to distort the law’s application to women in harmful ways.

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

Where the language of judicial discourse reflects antiquated or incorrect ideas about women, it prevents the transformative project of the law and the Constitution of India, which seek to secure equal rights to all persons, irrespective of gender.

It is important that judges not only avoid relying on stereotypes in their decision making and writing, but also actively challenge and dispel harmful stereotypes.

How will the Handbook on Combating Gender Stereotypes help judges?

The Handbook on Combating Gender Stereotypes will help judges to identify and avoid stereotypes by:

1. identifying language that promotes gender stereotypes and offering alternative words and phrases;
2. identifying common reasoning patterns that are based on gender stereotypes (particularly about women) and discussing why they are incorrect.
3. highlighting binding decisions of the Supreme Court of India that have rejected these stereotypes and can be utilised by judges to dispel gender stereotypes.

What is the significance of the Handbook on Combating Gender Stereotypes?

The handbook is a much-needed step towards raising awareness among the legal fraternity about the adverse impact of stereotyping language in judicial decision-making.

By highlighting the significance of choosing appropriate language, the Court adds its institutional influence to the increasing worldwide recognition of the harm caused by the stereotyping that is ingrained in and sustained by language.

For example, a 2020 study at Carnegie Mellon University found that the cultural stereotyping in 25 languages about women being more suited to the domestic sphere, undermined gender equity efforts in STEM careers.

Language articulates consciousness, and changing words is crucial to changing thoughts. Words used in court have material power over our lives.

Terms like housewife, chaste woman, or mistress carry social judgment. They paint a picture of the male as the provider, and the ‘good’ female as dependent and docile.

The handbook may be a guide for judges and lawyers, but it could also be a catalyst for change right down to the societal level.

Conclusion

Women have historically faced numerous prejudiced beliefs and stereotypes, impeding their access to fair and equal treatment within society and the justice system. The Indian judiciary must recognise the deep-rooted impact of gender stereotypes and actively work to dismantle them from its thinking, decision-making, and writing. By consciously avoiding the use of stereotypes in decision-making and stereotype promoting language, the judiciary can foster an environment where gender equality is upheld and respected.

Sources: The Hindu, Indian Express, Times of India, Handbook on Combating Gender Stereotypes