Keywords: Mental and emotional health of prisoners, right of prisoners to dignity.
The Supreme Court’s newly released Handbook on Combating Gender Stereotypes paves the way for the court to follow in the future in an effort to overcome stereotypes and conventional assumptions about women and gender-based minorities.
The prologue of the Handbook, written by Chief Justice of India (CJI) DY Chandrachud, emphasises the importance of the judges’ oath and what the judiciary must do to put aside their own preconceived conceptions that promote damaging stereotypes.
“Relying on stereotypes about women, in particular, has the potential to distort the law’s application to women in detrimental ways…”Where the language of judicial discourse reflects antiquated or incorrect ideas about women, it stifles the transformative project of the law and the Indian Constitution, which seek to secure equal rights to all persons, regardless of gender,” it states.
While explaining the need to change the language in pleadings and judgements, the CJI notes that the Code of Civil Procedure was once amended to convert the word ‘pauper’ to ‘indigent’, not for a strictly legal purpose, but to recognise the humanity of the people it referred to.
Similarly, the Handbook emphasises that the use of stereotyping language extends beyond the courtroom and into documents, reinforcing a culture of apathy, intolerance, and exclusion.
The Handbook highlights typical gender stereotypes, provides alternative terms and phrases, and discusses common reasoning patterns that result from preconceptions. It also emphasises earlier Supreme Court decisions that have rejected gender stereotypes.
Some of these recommendations include using the word ‘rape’ instead of ‘forcible rape’; ‘raped’ or’ sexually assaulted/harassed’ instead of ‘violated’ or ‘ravished’; and ‘sex worker’ instead of hooker or prostitute.
Interestingly, the Handbook states right away that, while “sex” refers to an individual’s biological characteristics, gender is a social construct, and a person’s gender identity is not restricted to a binary, but “rather exists on a spectrum and can evolve over time.”
It goes on to say that damaging misconceptions about any gender identification can occur.
The Handbook recommends using ‘intersex’ instead of ‘hermaphrodite,’ ‘transgender’ instead of ‘transsexual,’ ‘cross-dresser’ instead of ‘transvestite,’ and honest descriptors of a person’s sexual orientation instead of disparaging terms like ‘faggot’.
The Handbook also advises against using terms like “career woman,” “Indian/western woman,” “chaste woman,” “woman of easy virtue/loose morals,” and “promiscuous/wanton woman.”
It is suggested that the term ‘woman with whom a man has had romantic or sexual relations outside of marriage’ be used instead of ‘concubine,’ ‘keep,’ or ‘mistress,’ and that the term ‘adulteress’ be replaced with ‘woman who has participated in sexual intercourse outside of marriage.’
Instead of ‘dutiful, faithful, good, or obedient’ wife, use ‘wife’; instead of ‘housewife,’ use ‘homemaker,’ and instead of ‘hormonal,’ characterise a woman’s emotional condition with gender-neutral language, says the Handbook.
The infantilisation of adult women has been identified as a particularly severe issue, as evidenced by the Kerala High Court’s decision in the Hadiya case, which was later overruled by the Supreme Court.
The use of sex stereotypes and sexual assault is also addressed in the Handbook.
Surprisingly, it states that a person who has been affected by sexual abuse may identify as either a “survivor” or a “victim.” Unless the individual has indicated a preference, both phrases are relevant, and the individual’s preference should be respected.
The Handbook says that generalisations about a woman’s character should not be based on her expressive choices (such as the clothes she wears) and sexual past, citing a contentious order issued by a Kerala court.
“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.”
The reality is that “women are capable of verbally communicating with others, and their clothing choice represents a form of self-expression that is independent of questions of sexual relations.”
It should also not be considered that males are incapable of controlling their desires or that men cannot rape sex workers.
The Handbook also debunks misconceptions about women’s reactions to rape or sexual assault, emphasising that everyone reacts differently to terrible occurrences.
It also criticises the Allahabad High Court’s ruling for making the blanket presumption that women are very likely to submit false complaints of sexual assault or rape.
“Historically, women have faced numerous prejudiced beliefs and stereotypes that have hampered their access to fair and equal treatment within society and the justice system.” The Indian judiciary must identify the pervasiveness of gender stereotypes and work actively to remove them from its thinking, decision-making, and writing…In conclusion, the Handbook reads, “Judges must be vigilant against all forms of gender bias and ensure that every person, regardless of gender identity, is treated equally and with dignity before the law.”
Name: Anamika Parasher, College: Jagran Lakecity University, Bhopal, Semester: LLB 5th semester an intern under Legal Vidhiya
