The Supreme Court (SC) recently released a handbook meant to be used by the judges as a guide to gender-just language.
What is the SC handbook about?
About- It is a 30 page booklet launched to assist judges and 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.
Aim- To identify the language that promotes gender stereotypes and offering alternative words and phrases
To identify common reasoning patterns that are based on gender stereotypes particularly about women and discussing why they are incorrect.
To highlight binding decisions of the Supreme Court that have rejected these stereotypes and can be utilised by judges to dispel gender stereotypes.
Delhi gang rape case- In the 2017 Supreme Court ruling awarding the death penalty for the convicts in the Delhi gang-rape case, the verdict repeatedly uses the word “ravished” to say raped.
Why it is important for the judges to use the right word?
Mirror of society- The handbook argues that the language a judge uses reflects not only their interpretation of the law, but their perception of society as well.
Impetus to constitution- Stereotypical language may reinforce ideas contrary to our constitutional ethos like ‘equal protection of laws’
Values of law- Words are the vehicle through which the values of the law are communicated.
Words transmit the ultimate intention of the lawmaker or the judge to the nation.
Patriarchal stereotypes- Use of words like chaste women, seductress, wanton woman used by judges reflects the patriarchal stereotypes that are unacceptable by the judicial authority.
Impetus to Sustainable Development Goals (SDGs)- It will foster Gender equality (SDG 5) by actively challenging and ousting harmful stereotypes.
It further gives impetus to reducing inequalities (SDG 10) and reduce discrimination in the society.
Gender- just legal order - Gender identity is not limited to a binary (girl/woman and boy/man) but rather exists on a spectrum and can evolve over time.
It is a significant step towards a gender- just legal order.
Caste-sexual assault dynamic- Dominant caste men have historically used sexual violence as a tool to reinforce and maintain caste hierarchies.
It is against the preconceived notion that the dominant caste men do not want to engage in sexual relations with women from oppressed castes, hence allegation of sexual assault is considered false.
Ensure justice- It marks a significant milestone in the journey towards a more just and equitable society.
What is the current doctrine on stereotypes?
Joseph Shine v. Union of India- Supreme Court struck down the offence of “adultery” under Indian Penal Code, 1860.
The court observed that the provision is arbitrary and discriminatory.
State of Jharkhand v. Shailendra Kumar Rai- Supreme Court reiterated its categorical ban on the “two finger test” as it is
Irrelevant for determining rape
Violates the dignity of rape survivors or victims
State of Punjab v. Gurmit Singh- The court observed that the testimony of a survivor or victim of sexual violence is inherently credible.
It should not be doubted merely due to incorrect assumptions that women seek to foist false cases against men.
State of Uttar Pradesh v. Chhotey Lal- The court observed that the absence of injuries is not determinative of the absence of sexual violence.
It must be examined within the facts and circumstances of each case.
Similar Efforts in Other Countries
Canada- The Women’s Court of Canada, a collective of female lawyers, academics and activists write “shadow judgements” on equality law.
India- Indian Feminist Judgement Project also ‘rewrites’ judgements with a feminist critique.
