Nithyakalyani Narayanan. V
The Supreme Court released the Handbook on Combating Gender Stereotypes in an attempt to break stereotypes and common assumptions about women and gender-based minorities.
The foreword of the Handbook was penned by Chief Justice of India DY Chandrachud. It is a reminder of the sanctity of the judges’ oath and what the judiciary needs to do to set aside their own pre-conceived notions that reinforce harmful stereotypes -“In particular, reliance on stereotypes about women is liable to distort the law’s application to women in harmful ways…Where the language of judicial discourse reflects antiquated or incorrect ideas about women, it inhibits the transformative project of the law and the Constitution of India, which seek to secure equal rights to all persons, irrespective of gender.“
While explaining the need to change the language in pleadings and rulings, the CJI reminded that the Code of Civil Procedure was once amended to change the word ‘pauper to indigent’ to recognise the humanity of the people it referred to.
The detailed, yet brief Handbook explains that the usage of stereotyping language goes beyond the courtroom and documents; it reinforces a culture of apathy, bigotry and exclusion.
The Handbook identifies common gender stereotypes, offers alternative words and phrases and explains common reasoning patterns that stem from stereotypes. It also highlights binding decisions of the Supreme Court that have rejected gender stereotypes in the past.
Some of these suggestions include using ‘rape’ instead of ‘forcible rape’; ‘raped’ or ‘sexually assaulted/harassed’ instead of ‘violated’ or ‘ravished’; and using ‘sex worker’ instead of hooker or prostitute.
The Handbook clarifies at the outset that while “sex” refers to the biological attributes of individuals, “gender” is a social construct and a person’s gender identity is not limited to a binary, but “rather exists on a spectrum and can evolve over time“.
The book clearly states that harmful stereotypes can exist with respect to any gender identity.
The Handbook suggests the use of ‘intersex’ instead of ‘hermaphrodite’, ‘transgender instead of transsexual’, ‘cross-dresser’ instead of ‘transvestite’, and the use of accurate descriptions of a person’s sexual orientation instead of derogatory terms like ‘faggot’.
The book suggests the elimination of unnecessary descriptions such as ‘career woman,’ ‘Indian/western woman,’ ‘chaste woman’, ‘woman of easy virtue/loose morals’, and ‘promiscuous/wanton woman’.
For extra-marital relationships, it is suggested that ‘woman with whom a man has had romantic or sexual relations outside of marriage‘ be used instead of ‘concubine,’ ‘keep,’ or ‘mistress,’ and that ‘adulteress’ be replaced by ‘woman who has engaged in sexual relations outside of marriage.‘
Instead of ‘dutiful, faithful, good, or obedient’ wife, use just the term ‘wife‘; instead of ‘housewife’, use ‘homemaker‘; and instead of ‘hormonal,’ describe the emotional state of a woman with gender-neutral terms, the Handbook suggests.
The Handbook states that an individual who has been affected by sexual violence may identify themselves as either a ‘survivor’ or ‘victim’. Both terms are applicable unless the individual has expressed a preference, in which case the individual’s preference should be respected.
The book asserts that assumptions ought not to be made about a woman’s character on her expressive choices (like the clothes she wears) and sexual history- “Assumptions based on a woman’s character or the clothes she wears diminish the importance of consent in sexual relationships as well as the agency and personhood of women.”
The Book emphasises that “women are capable of verbally communicating with others and their choice of clothing represents a form of self-expression that is independent of questions of sexual relations.“
Neither should it be assumed that men are unable to control their desires or that men cannot possibly rape sex workers.
The Handbook breaks stereotypes associated with women’s response to rape or sexual assault, stating that different people react differently to traumatic events.
It also criticizes the baseless assumption that women are very likely to make false allegations of sexual assault or rape.
The Handbook concludes by saying that “Women have historically faced numerous prejudiced beliefs and stereotypes, impeding their access to fair and equal treatment within society and the justice system. The Indian judiciary must recognise the deep-rooted impact of gender stereotypes and actively work to dismantle them from its thinking, decision-making, and writing…Judges must be vigilant against all forms of gender biases and ensure that every person, regardless of their gender identity, is treated equally and with dignity before the law.”
Click here to access the handbook.