The Supreme Court of India has taken a significant stride towards promoting gender equality within its judicial proceedings through the release of a comprehensive "Handbook on Combating Gender Stereotypes."
This pioneering initiative aims to shed light on prevalent gender biases and offer invaluable guidance to judges on avoiding the inadvertent use of gender stereotypes, particularly those concerning women, in the formulation of judicial decisions and writing of orders and judgments.
Unmasking Stereotypes: A New Perspective
“The handbook identifies common stereotypes by women, many of which have been utilised by courts in the past and demonstrates why they're inaccurate and how they may distort the application of law,” said Chief Justice of India DY Chandrachud on Wednesday while announcing that the handbook was ready. He added that the intention is not to criticise or cast doubts on judgements but merely to show how stereotypes may be unwittingly employed.
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In March, CJI had said while speaking at a public event that the SC is working on a handbook to identify gender stereotypes and ways to overcome the same while writing orders/ judgments. He had said that the need was felt for the handbook after coming across judgments which referred to a woman as ‘concubine’ or ‘keeps’ when she is in a relationship.
CJI Chandrachud's foreword
The foreword by the CJI in the handbook reads: “Like any person, a judge may also unconsciously hold or rely on stereotypes. If a judge relies on preconceived assumptions about people or groups when deciding cases or writing judgements, the harm caused can be enormous. Stereotypes impact the impartiality and the intellectual rigour of judicial decisions where they cause judges to ignore or bypass the requirements of law or distort the application of the law vis-à-vis specific persons or groups.”
A judge’s oath not only demands rejecting improper attempts to influence their decision-making, but also requires a judge to put aside any preconceived notions about the parties before the court. Relying on predetermined stereotypes in judicial decision-making contravenes the duty of judges to decide each case on its merits, independently and impartially. “... reliance on stereotypes about women is liable to distort the law’s application to women in harmful ways. Even when the use of stereotypes does not alter the outcome of a case, stereotypical language may reinforce ideas contrary to our constitutional ethos,” reads the handbook.
'Language is critical to the life of the law'
Emphasising that “language is critical to the life of the law” and “words are the vehicle through which the values of the law are communicated”, the handbook reads: “.. the language a judge uses reflects not only their interpretation of the law, but their perception of society as well.”
“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,” in underscores.
A Call for Change
The handbook highglights that the 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. .. Words matter, as they shape narratives and influence societal attitudes. The use of more inclusive language can help break harmful patterns of thinking,” it concludes.
