Is Supreme Court Handbook A Progressive Move? Advocates Opine

From now on, the Supreme Court of India will refer to a "career woman" as "woman," "eve-teasing" as "street sexual harassment," "forcible rape" as rape," "housewife as a homemaker," "prostitute" as "sex worker," "ravished" as rape," etc.

These changes are implemented by the Supreme Court as part of a handbook that it has released to combat harmful gender stereotypes. The 30-page handbook on combating gender stereotypes aims to ensure that the judiciary and legal community are free of languages that reiterate gender stereotypical terms that are harmful to society. It offers a coherent explanation of why certain terms are problematic and suggests alternate terms to be used in place.

Announcing the introduction of the handbook in open court on Wednesday, Chief Justice of India DY Chandrachud recommended judges and legal professionals use the alternate words suggested in the book in place of gender stereotypical words in court orders and legal documents.

Is it a progressive move?



The CJI hoped that the handbook would mark a significant milestone in creating a more just and equitable society. In the foreword of the handbook penned by the CJI, he wrote, "Predetermined stereotypes in judicial decision-making contravenes the duty of judges to decide each case on its merits, independently and impartially.”

Shahana Narendran, a lawyer and mother of an 8-year-old, welcomed the move. "I'm extremely glad that a handbook has been formulated to combat gender stereotypes. Unfortunately, our country is largely filled with patriarchal notions. So, publishing this handbook and recommending judges and legal professionals use alternate terms is one step forward towards creating an equitable society."

There are a lot of preconceived notions about a woman, especially ones that judge, undermine, and assassinate her character. The handbook addresses the "so-called" inherent characteristics of women. For instance, the handbook mentions how women are often judged by the clothes that they wear, their profession, their sexual history, etc. This misconception will hinder them from getting the rightful justice they deserve in cases involving sexual violence. Also, preconceived notions about a woman's character also diminish the importance of her consent.

Advocate Thulasi of the Supreme Court said, "It's indeed a progressive move by the SC to ensure that stereotypical language is not used in legal literature. The way we use words and terms has an impact on perpetuating regressive views on gender."

While gender stereotypes are a concerning issue that's spread across society and can be smashed with the collective effort of people, the judiciary needs to be mindful of the language that it uses, as it's one of the most powerful pillars of a democratic nation. The judiciary cannot afford to reinforce stereotypical terms given its power and influence in society, which makes the introduction of the handbook a much-needed and refreshing move.

The handbook itself states that the language that judges use not only reflects their perception of the law but also their perception of society as well. 

Advocate Aaliya Waziri, who has actively raised concerns about female representation in India’s Higher Judiciary, "As a young lawyer and woman, I have been oscillating between wondering why it took us 51 years since the Mathura rape case to formulate a manual on gender-responsive language or just be grateful for the fact that at least this moment has finally arrived." 

 

Views expressed by the author are their own

Suggested Reading: Fighting Stereotypes: Why The Supreme Court Handbook Is A Step Forward