SC releases handbook for combating gender stereotypes
The Supreme Court on Wednesday published a handbook to combat gender stereotypes in legal language. Chief Justice (CJI) DY Chandrachud said that 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," he added.
Why does this story matter?
A significant portion of the legal language remains archaic. Words and expressions carrying gender biases inadvertently reflect in court judgments, perpetuating prejudice and distorting the application of the law. In March, CJI Chandrachud mentioned that the handbook's preparation was underway. He said, "Judgments...have referred to a woman as a 'concubine' when she is in a relationship. Women have been called 'keeps' in judgments where there were applications for quashing of FIRs under the Domestic Violence Act and Section 498A."
Handbook also contains landmark judgments
The handbook was meticulously prepared by a committee of judges and legal experts led by Calcutta High Court judge Moushumi Bhattacharya. In addition to suggesting alternative languages, the handbook emphasizes binding decisions made by the top court that have rejected gender stereotypes. Its primary goal is to raise awareness about the harmful impact of such stereotypes, particularly those targeting women, and to encourage judges and lawyers to avoid using biased language in legal pleadings, orders, and judgments.
Which words have been deemed stereotypical by SC
The handbook is available on the Supreme Court's website. CJI Chandrachud stressed that adopting the recommended terminology will help prevent prejudice and ensure that judgments are not tainted by bias. Words such as affair, biological sex, eve teasing, housewife, prostitute, and whore have been deemed stereotypical. Instead, more inclusive words or expressions like relationship outside of marriage, sex assigned at birth, street sexual harassment, homemaker, sex worker, and woman should be used, respectively.
