In a big step to weed out stereotypes and perceived notions against women, the Supreme Court, in a maiden initiative, has compiled a glossary of words to be avoided by judges and lawyers in writing judgments or filing cases before courts.
Chief Justice of India (CJI) Dhananjaya Y Chandrachud is the master brain who took initiative in preparing the glossary of words to combat gender-unjust words. CJI D. Y Chandrachud said that, “The handbook aims to assist judges and the legal community in identifying, understanding and combating stereotypes about women.”
The Handbook on combating gender stereotypes offers guidance on how to avoid utilising harmful gender stereotypes, in particular those about women, in judicial decision making and writing. Each one of us sometimes employ stereotypes in our thoughts, words, and actions. We may rely on stereotypes inadvertently, because stereotypes are often internalised and ingrained in our thinking due to societal, cultural, and environmental conditioning. However, challenging and overcoming stereotypes is essential to ensuring an equal, inclusive, and compassionate society. With respect to the judiciary, it is vital that judges not only avoid relying on stereotypes in their decision making and writing, but also actively challenge and dispel harmful stereotypes. If harmful stereotypes are relied on by judges, it can lead to a distortion of the objective and impartial application of the law. This will perpetuate discrimination and exclusion.
To raise awareness against the utilisation of harmful stereotypes, particularly those prejudicial to women, this Handbook aims to explain what stereotypes are, and help judges identify and avoid such stereotypes by:
(1) identifying language that promotes gender stereotypes and offering alternative words and phrases; and
(2) identifying common reasoning patterns that are based on gender stereotypes (particularly about women) and discussing why they are incorrect.
(3) highlighting binding decisions of the Supreme Court of India that have rejected these stereotypes and can be utilised by judges to dispel gender stereotypes.
Stereotypical words such as housewife, slut, prostitute, seductress,harlot, adulteress ,fallen women,career woman, chaste woman, concubine/keep, hooker, mistress,whore,spinster, unwed mother, woman of loose morals, hormonal and dutiful /obedient /good wife are discouraged. Gender- just words which is to be used instead of these harmful words are provided in the handbook.
Sexual harassment crimes which were given trivial names has also been changed to make people aware about the seriousness of these crimes. Eve – teasing is now street sexual harrasment, forcible rape is rape. Words such as sexually harassed / assaulted or raped should be used instead of terms such as ravished or violated.
Gender inclusive terms such as transgender and intersex should be used instead of transsexual and hermaphrodite respectively.Terms like faggot, effiminate and lady-like is dropped and now we should use terms accurately describing the individual’s sexual orientation (e.g., homosexual or bisexual), words accurately describe the characteristic using a gender neutral term (e.g., confident or responsible) and use a gender neutral description of behaviour or charac- teristics (e.g., amusing or assertive).
For reading the handbook, click the link given below :
The handbook removed many other harmful stereotypical words and has provided gender-just / gender-neutral words. This is a big step towards eliminating foul or degrading words in the legal language used in courts. This would certainly have a huge positive impact on our society.
