Supreme Court Introduces Handbook to Combat Gender Stereotypes in Legal Discourse
The Supreme Court of India, under the leadership of Chief Justice of India (CJI) DY Chandrachud, has unveiled a “Handbook on Combating Gender Stereotypes.” This initiative aims to identify and eliminate the use of words and phrases laden with gender biases in judgments and court language.
Thank you for reading this post, don't forget to subscribe!CJI Chandrachud emphasized the handbook’s significance, stating
“This is to assist judges and the legal community to identify, understand, and combat stereotypes about women in legal discourse. It contains a glossary of gender unjust terms and suggests alternative words and phrases which may be used while drafting pleadings as well as orders and judgments. It is for lawyers as well as judges.”
The handbook meticulously identifies common stereotypes associated with women, some of which have been inadvertently used by courts in past judgments. CJI Chandrachud elaborated
“The handbook identifies common stereotypes by women, many of which have been utilized by courts in the past and demonstrates why they’re inaccurate and how they may distort the application of law. The intention is not to criticize or cast doubts on judgments but merely to show how stereotypes may unwittingly be employed.”
He further explained the handbook’s objectives, noting
“It helps judges identify and avoid such stereotypes by first- identifying language which promotes gender stereotypes and offering alternative words and phrases; two, identifying common reasoning patterns based on gender stereotypes, particularly about women. And three, highlighting binding judgments of the Supreme Court which have rejected these stereotypes.”
The handbook will soon be accessible on the Supreme Court’s official website.
Earlier this year, during a public event in March, CJI Chandrachud had hinted at the handbook’s preparation. He expressed concerns over certain judgments that used inappropriate terms for women, stating
“For instance, I have come across judgments which have referred to a woman as a ‘concubine’ when she is in a relationship. Women have been called ‘keeps’ in judgments where there were applications for quashing of FIRs under the Domestic Violence Act and Section 498A of the Indian Penal Code.”
The legal glossary was crafted by a committee chaired by Calcutta High Court judge Moushumi Bhattacharya. Other contributors included Delhi High Court Judge Justice Prathiba M. Singh, former judges Prabha Sridevan and Gita Mittal, and Advocate Jhuma Sen of the Calcutta High Court and Supreme Court, who also serves as an adjunct faculty member at the West Bengal National University of Juridical Sciences in Kolkata.
