The story so far: Discarding “archaic ideas with patriarchal overtones”, particularly while describing women and their issues, the Supreme Court of India has released a set of new words and phrases to be used by both lawyers and judges in court. In his foreword, Chief Justice of India D.Y. Chandrachud writes that ‘The Handbook on Combating Gender Stereotypes’ aims to assist 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.”
What are some of the changes?
To avoid the use of harmful gender stereotypes in judicial decision-making and writing, the handbook identifies language that promotes such stereotypes, and offers new words. For example, under the guidelines, it will be incorrect to say “adulteress”; instead, the following words have to be used: “Woman who has engaged in sexual relations outside of marriage.” It is no longer proper to prefix “chaste” or “obedient” before woman and wife; plain “woman” and “wife” will do. The guideline also drops the word “effeminate” when used pejoratively; “Accurately describe the characteristic using a gender-neutral term (e.g., confident or responsible),” it says.
How should sexual violence be looked at?
The handbook says an individual who has been affected by sexual violence may identify as either a “survivor” or “victim”. Both terms are applicable, it says, unless the individual has expressed a preference, in which case the individual’s preference should be respected.
Editorial | Fighting stereotypes: On the Handbook on Combating Gender Stereotypes
Stressing on consent, the guidelines point out that the clothing or attire of a woman must be independent of questions of sexual relations. “A man who touches a woman without her consent must not be permitted to take the defence that the woman invited his touch by dressing in a particular way.” There are a host of dos and don’ts on how to handle issues of rape and assault. The Court shatters the stereotype that women who are sexually assaulted or raped file a complaint about the injustice immediately and if they complain after a time, they are lying. “It takes courage and strength to report a sexual offence because of the stigma attached to it,” the handbook says, adding, “women may therefore register a complaint after a lapse of some time, when she thinks she is able to.”
Why are stereotypes harmful?
On a micro-level, the handbook states that stereotypes lead to exclusion and discrimination at the workplace, educational institutions and in public places. It cites the example of a stereotype that individuals from oppressed castes are not as accomplished in school or university in comparison to individuals from oppressor castes. This, it says, may cause members of oppressed castes to face additional mental pressure when writing an examination. “A student from an oppressed caste who is aware of the stereotype about their community will not only have to worry about doing well in the examination, but also be burdened with the additional worry that if they perform badly in the examination, it will reinforce the stereotype concerning their community. This added pressure may have an adverse impact on their performance in the examination.” Compare this to what the Minister of State for Education Subhas Sarkar informed Parliament recently. He provided data that over 25,000 reserved category students from Scheduled Castes, Scheduled Tribes, Other Backward Classes and other minority groups dropped out of central universities and the Indian Institutes of Technology (IITs) over the last five years. “The dropout in undergraduate programmes is attributed to withdrawal due to wrong choices filled, poor performances and personal and medical reasons,” he said.
As for women, the OHCHR (Office of the High Commissioner for Human Rights) points out that labels whether overtly hostile (such as “women are irrational”) or seemingly benign (“women are nurturing”), perpetuate inequalities. For example, it says, the traditional view of women as care givers means that child care responsibilities often fall exclusively on women. The Supreme Court has taken care of it with these directives: “A person’s gender does not determine or influence their capacity for rational thought,” and “People of all genders are equally suited to the task of caring for others.”
Has the Supreme Court taken up stereotypes in its verdicts?
The Supreme Court has highlighted verdicts that have rejected stereotypes and which can be utilised by judges to shun gender stereotypes. For instance, in Joseph Shine versus Union of India, a Constitution Bench struck down the offence of “adultery” under Section 497 of the Indian Penal Code. Observing that the law on adultery was but a codified rule of patriarchy, it said, “Society ascribes impossible virtues to a woman and confines her to a narrow sphere of behaviour by an expectation of conformity.” In State of Jharkhand versus Shailendra Kumar Rai, the Court reiterated its categorical ban on the “two finger test” and said it was irrelevant to determination of rape and that it violated the dignity of rape survivors or victims. In State of Punjab versus Gurmit Singh, it held that a testimony of a rape survivor or victim is “inherently credible.” The delay in lodging an FIR can be due to a variety of reasons, it said.
Will it have an impact on the ground?
For Uma Mahadevan-Dasgupta, who is in the IAS, it’s a great first step. The table in the handbook, which lays down the stereotype and the reality in two columns side by side, is an important takeaway for her, because it removes so many qualifiers that judge women. “The handbook, by the highest court of the land, is going to have an impact. However slow, it will lead to a mindset change, because language is a powerful tool.”
It’s a reality that wrongful gender stereotyping leads to discrimination against women, curbing their rights to health, education, work and freedom from gender violence and so forth. The handbook may be a guide for the judiciary, but women and rights activists hope it will percolate down to the panchayat level, and shape narratives and influence social attitudes against all forms of gender bias.
- Discarding “archaic ideas with patriarchal overtones”, particularly while describing women and their issues, the Supreme Court of India has released a set of new words and phrases to be used by both lawyers and judges in court. In his foreword, Chief Justice of India D.Y. Chandrachud writes that ‘The Handbook on Combating Gender Stereotypes’ aims to assist the legal community in “identifying, understanding and combating stereotypes about women.
- To avoid the use of harmful gender stereotypes in judicial decision-making and writing, the handbook identifies language that promotes such stereotypes, and offers new words..
- On a micro-level, the handbook states that stereotypes lead to exclusion and discrimination at the workplace, educational institutions and in public places.
Published - August 20, 2023 04:29 am IST
