SC Handbook to combat gender stereotype
Gender stereotype:
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Why in news?
- The Supreme Court released a 30-page handbook to combat gender stereotypes in legal documents.
- This aims to promote fairer language in judgments, orders, and pleadings, freeing the judiciary and legal community from using biased terms.
- It also provided some alternative words and phrases to replace gender stereotypes in the Indian legal system.
Some of Stereotype-promoting language vs. alternative language mentioned in the Handbook:
Stereotype promoting language (INCORRECT) | Alternative language (PREFERRED) |
Prostitute | Sex Worker |
Housewife | Homemaker |
Affair | Relationships outside of marriage |
Dutiful wife / Faithful wife / Good wife / Obedient wife | Wife |
Eve teasing | Street sexual harassment |
Seductress/Slut/Whore | Woman |
Bastard | Non-marital Child |
Different types of gender stereotypes and examples:
- Stereotypes based on the so-called “inherent characteristics” of women
Stereotype | Reality |
Women are overly emotional, and illogical, and cannot make decisions. | A person’s gender does not determine or influence their capacity for rational thought. |
- Stereotypes based on gender roles
Stereotype | Reality |
Women should do all the household chores. | People of all genders are equally capable of doing house chores |
- Stereotypes concerning sex and sexual violence
Stereotype | Reality |
Women who consume alcohol or smoke cigarettes want to engage in sexual relations with men. If a man touches such a woman without her consent, it is her fault. | Women, like all other people, may consume alcohol or smoke cigarettes for a variety of reasons including for recreation. The consumption of alcohol or use of tobacco is not an indication of their desire for sexual relations with a man. |
Why Judges Should Use Precise Language:
- Words convey the value of the law and the intentions of lawmakers or judges to the public.
- The handbook suggests that a judge’s language not only interprets the law but also reveals their view of society.
Similar efforts in other countries: The Women’s Court of Canada, a collective of female lawyers, academics, and activists write “shadow judgments” on equality law. |