New Delhi: The Supreme Court on Wednesday released a handbook on combating gender stereotypes that aims to assist judges and the legal community in identifying, understanding and combating stereotypes about women. The ‘Handbook on Combating Gender Stereotypes’ 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. It also 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.
“Relying on predetermined stereotypes in judicial decision-making contravenes 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,” Chief Justice of India DY Chandrachud said.
“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. However, the language a judge uses reflects not only their interpretation of the law but their perception of society as well,” he added.
The CJI stated that where the language of judicial discourse reflects ‘antiquated or incorrect’ ideas about women, it inhibits the transformative project of the law and the Constitution of India, which seek to secure equal rights to all persons, irrespective of gender.
Chandrachud hoped that the handbook is widely read by all members of the legal profession in India as it will give a ‘fresh impetus’ to our quest towards a gender-just legal order, and will be a crucial document to ensure that courts can deliver equal and impartial justice to individuals of all genders.
The handbook, notably, was conceptualised during the Covid-19 pandemic and was originally envisaged as a part of the knowledge component of the e-Committee of the Supreme Court.
| Stereotype-promoting language (Incorrect) | Alternative language (Preferred) |
|
Affair |
Relationship outside of marriage |
|
Bastard |
Non-marital child or, a child whose parents were not married |
|
Child prostitute |
Child who has been trafficked |
|
Dutiful wife/ Faithful wife/ Good wife/ Obedient wife |
Wife |
|
Eve teasing |
Street sexual harassment |
|
Hooker |
Sex worker |
|
Housewife |
Homemaker |
|
Indian woman/ western woman |
Woman |
|
Marriageable age |
A woman who has attained the legal age required to marry |
|
Mistress |
Woman with whom a man has had romantic or sexual relations outside of marriage |
| Prostitute |
Sex worker
|
| Provider/ Breadwinner |
Employed or earning |
|
Provocative clothing/ dress |
Clothing/ dress |
|
Sex change |
Sex reassignment or gender transition |
|
Slut
|
Woman |
|
Transsexual |
Transgender |
|
Whore |
Woman |
