SC Handbook on Gender Stereotypes Words and Phrases

What’s in today’s article?

• Why in news?
• What is the handbook?
• Why is it important for judges to use the right words?
• Have there been similar efforts in other countries?

 

Why in news?

• The Supreme Court has launched a handbook that contains a glossary of gender unjust terms and suggests alternative words and phrases which may be used.
• The 30-page Handbook on Combating Gender Stereotypes aims to free the judiciary and the legal community from the mechanical application of gender stereotypical language in judgments, orders, and court pleadings.

 

What is the handbook?

• The SC handbook is a 30-page booklet that aims to assist judges and the legal community in identifying, understanding and combating stereotypes about women.
• The handbook identifies common stereotypical words and phrases used about women, many of them routinely found in judgements.
  • E.g., in the 2017 SC ruling awarding the death penalty for the convicts in the Delhi gang-rape case, the verdict repeatedly uses the word “ravished” to say raped.
  • The handbook quotes other judgements where judges unwittingly use stereotypical characterisations of women.
• This handbook flags some of the stereotype promoting language and suggests alternative language (preferred).
  • E.g., instead of using words like "seductress", "whore" or "woman of loose morals", the word "woman" has to be used.
  • The handbook also prohibits use of words like "hooker" and "prostitute" and said the term "sex worker" be used instead.
  • The word "eve-teasing" will now be termed as "street sexual harassment" and "housewife" will now become "homemaker" for judicial discourses.

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Image caption: Terms flagged and their alternatives

• An attempt to break the false assumptions
  • The handbook deals with the so-called inherent characteristics of women.
    • One of the identified stereotypes is the idea that women are overly emotional, illogical, and cannot take decisions.
    • The reality is that a person’s gender does not determine or influence their capacity for rational thought.
  • It also refers to assumptions made about a woman’s character based on her expressive choices, such as the clothes she wears, and her sexual history.
  • Such assumptions may impact the judicial assessment of her actions and statements in a case involving sexual violence.
    • For instance, they diminish the importance of consent in sexual relationships.

 

Why is it important for judges to use the right words?

• The language a judge uses reflects not only their interpretation of the law, but their perception of society as well.
• Even when the use of stereotypes does not alter the outcome of a case, stereotypical language may reinforce ideas contrary to our constitutional ethos.
• Language is critical to the life of the 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.

 

Have there been similar efforts in other countries?

• There have been projects in other countries, pushed by both academia and practitioners, which hold up a mirror for the court’s practices.
• For example, the Women’s Court of Canada, a collective of female lawyers, academics and activists write “shadow judgements” on equality law.

 

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Q1) What is gender stereotyping?

Gender stereotyping refers to the practice of assigning certain traits, roles, behaviors, and characteristics to individuals based on their gender. These stereotypes are often oversimplified and generalized beliefs about how people of different genders should act, think, or behave. Gender stereotyping can affect various aspects of life, including social interactions, education, employment, and even legal and political matters.

 

Q2) What is the role of Supreme Court in India?

The Supreme Court of India is the highest judicial body in the country and plays a crucial role in upholding the Constitution and ensuring justice.

 

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Source: ‘Slut, seductress’ are simply ‘women’, ‘eve teasing’ is ‘street sexual harassment’: what SC handbook on gender stereotypes says | Business Standard | The Hindu