SC gender handbook shows way forward

CJI D Y Chandrachud has noted in his foreword that language stereotypes can not only affect the outcome of a case, but also promote retrograde ideas about women, and ultimately undermine “the transformative project of the law and the Constitution of India, which seek to secure equal rights to all persons, irrespective of gender”.

The Supreme Court has made an important contribution to gender equality and justice by issuing a handbook that is expected to guide judges and members of the legal community to identify and avoid wrong stereotypes, especially about women. The ‘Handbook on Combating Gender Stereotypes’ provides a lexicon of gender-unjust terms and expressions and proposes alternative words and phrases for use in legal documents, including orders and judgements. The compilation underlines common stereotypes about women and demonstrates their inaccuracies, and how they can impact the application of the law. Chief Justice D Y Chandrachud has noted in his foreword that language stereotypes can not only affect the outcome of a case, but also promote retrograde ideas about women, and ultimately undermine “the transformative project of the law and the Constitution of India, which seek to secure equal rights to all persons, irrespective of gender”.

The many examples the court has cited show the stark difference between right and wrong when it concerns the roles of women. A large number of words used now to denote women in common legal usage are unfair and loaded with prejudice. The court wants them to be replaced with words that are neutral and do not come with a comment. It recommends the use of ‘sex worker’ in place of ‘hooker’ and ‘prostitute,’ ‘street sexual harassment’ in place of ‘eve-teasing,’ ‘non-marital child’ or ‘a child whose parents were not married’ instead of ‘bastard’, and ‘homemaker’ instead of ‘housewife’. Words like ‘devoted wife’ and  ‘career woman’  are also not neutral. The court also says descriptions such as ‘effeminate’ for men, which also comment on women, and pejorative references to homosexuals and bisexuals are wrong and avoidable. 

Language reflects social attitudes and in a society that is strongly patriarchal and sexist, it is shaped and coloured by entrenched sentiments. Legal language is especially conservative and does not change even when the language used in society changes. Gender prejudices influence judgements. Women often get an unfair hearing, and they are judged on the basis of their roles as mother, wife and sister without independent agency. Chastity, modesty and obedience become ideal attributes. The use of stereotypes in language promotes such attitudes and results in denial of justice and equality for women. The Supreme Court has expanded the rights of women through many judgements. The handbook may be seen as an extension of that fine record. The exercise will hopefully pave the way for a more inclusive, fair and just legal discourse. It has uses even outside the legal system.