Daily News Analysis » SC Handbook to combat gender stereotype

SC Handbook to combat gender stereotype

The Supreme Court released a 30-page handbook to combat gender stereotypes in legal documents.

SC Handbook to combat gender stereotype

Gender stereotype:

  • It refers to the practice of assigning specific qualities, characteristics, or roles to individuals based solely on their gender.
  • It limits our understanding and often leads to unfair assumptions or discrimination.
  • Example:
    • Assumption: All women are naturally more nurturing and better at taking care of children than men.
    • Impact: It can impact career opportunities and social expectations.

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.