Supreme Court Handbook Promotes Gender-Inclusive Language for Judges
The Supreme Court of India has taken a significant step towards gender equality by releasing a handbook that guides judges on the use of gender-inclusive language. The move aims to eliminate patriarchal stereotypes that have been prevalent in judicial language for many years. The handbook provides judges with alternative terms that accurately reflect gender dynamics and promote fairness and respect.
The use of derogatory terms such as ‘chaste woman,’ ‘seductress,’ and ‘wanton woman’ by judges has long perpetuated harmful stereotypes. To address this issue, the handbook advises judges to use terms such as ‘unmarried woman’ instead of ‘spinster,’ and ‘woman with whom a man has had romantic or sexual relations outside of marriage’ instead of ‘mistress.’ Additionally, the term ‘prostitute’ is replaced with ‘sex worker’ and ‘eve teasing’ with ‘street sexual harassment.’
Chief Justice of India, D Y Chandrachud, emphasized the importance of judges avoiding reliance on stereotypes in their decision-making and writing. He stated that harmful stereotypes can distort the objective and impartial application of the law, perpetuating discrimination and exclusion. The handbook aims to actively challenge and dispel these stereotypes.
The handbook, which was prepared by Justices Moushumi Bhattacharya and Pratibha Singh, along with Professor Jhuma Sen, also addresses the issue of gender fluidity. It explains that while ‘sex’ refers to biological attributes, ‘gender’ encompasses socially constructed roles, behaviors, expressions, and identities. The handbook recognizes that gender identity exists on a spectrum and can evolve over time.
While predominantly dealing with stereotypes concerning men and women, the handbook acknowledges the presence of harmful stereotypes across all gender identities. It highlights caste-sexual assault dynamics as an example, stating that dominant caste men historically used sexual violence to reinforce and maintain caste hierarchies.
Chief Justice Chandrachud clarified that the intention of the handbook is not to criticize past judgments but to raise awareness of how stereotypes may unwittingly seep into judicial language. The glossary in the handbook provides alternative gender-just terms to be used in pleadings, orders, and judgments.
This groundbreaking initiative by the Supreme Court of India marks an important step towards achieving gender equality within the judicial system. By encouraging judges to adopt gender-inclusive language, the court aims to create a more inclusive and just environment for all individuals who come before the bench.
