Central Idea

• The Supreme Court of India has taken a significant step to challenge outdated ideas, especially those affecting women, by releasing a special guide.
• This guide introduces new words for lawyers and judges to use in court, aiming to fight harmful beliefs.

Handbook on Combating Gender Stereotypes

• The handbook provides a list of biased words and suggests better alternatives for legal documents.
• Its main aim is to provide legal experts with the means to “identify, understand, and challenge stereotypes about women.”
• It includes a list of terms that promote gender bias and offers alternative, fairer terms to be used in legal documents.

Objective and Scope of the Handbook

• Challenging Old Beliefs: The Supreme Court’s initiative aims to discard old-fashioned and harmful stereotypes, particularly those related to women, through the ‘Handbook on Combating Gender Stereotypes.’
• CJI’s Vision: The handbook is introduced by Chief Justice D.Y. Chandrachud, who explains its purpose: to help legal professionals recognize and counter gender-based stereotypes.
• Language Transformation: The handbook includes a glossary of terms that contribute to gender bias and suggests better alternatives to be used in legal writings.

Why such a move?

[A] Language inflicting Stereotypes

• The handbook points out terms in legal language that promote gender bias and provides suggestions for change.
• Examples of Change: Instead of using “adulteress,” the handbook recommends using “Woman who has engaged in sexual relations outside of marriage” to avoid disrespectful language.
• Removing Biases: The handbook encourages using simple terms like “woman” and “wife” instead of prefixes like “chaste” or “obedient.”
• Using Neutral Language: Instead of negatively using “effeminate,” the handbook suggests using neutral terms like “confident” or “responsible.”

[B] Avoiding labelling

• Empowering Language: The handbook suggests using “survivor” or “victim” to describe individuals affected by sexual violence.
• Respecting Preferences: The choice between “survivor” and “victim” should be based on the individual’s preference.

[C] Conscious Reporting of Cases

• Separating Attire and Consent: The handbook emphasizes that a person’s clothing should never excuse unwanted touching; consent remains essential.
• Breaking Stereotypes: The handbook rejects the idea that delayed reporting of sexual assault means it didn’t happen.
• Encouraging Reporting: The handbook acknowledges the bravery required to report sexual offenses due to societal pressures.

Negative Effects of Gender Stereotypes

• Widespread Impact: Gender stereotypes lead to exclusion and prejudice in workplaces, schools, and public places.
• Education Example: The handbook illustrates how stereotypes affect students from marginalized communities, adding stress during exams.
• Government Data: Minister Subhas Sarkar’s data on dropout rates among marginalized students is shared as an example.

Legal reforms rebutting Gender Stereotypes

• Cases for Equality: The Supreme Court points out cases that reject stereotypes, like Joseph Shine vs. Union of India, which struck down the “adultery” law.
• Example Rulings: The court’s decisions in cases like the State of Jharkhand vs. Shailendra Kumar Rai and the State of Punjab vs. Gurmit Singh are explained.

Conclusion

• By offering alternatives to outdated and biased language, the handbook aims not only to reshape legal discussions but also societal viewpoints.
• Its potential impact is anticipated to extend beyond legal matters, influencing everyday perspectives and contributing to a more equitable society.

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