30 page handbook ...
On August 16, the Supreme Court of India has released a "gender stereotype handbook” to combat gender- based stereotypes in legal discourse.
The manual aims to educate judges and lawyers about stereotypes and their impact on judicial decision-making.
In the foreword to the handbook, the Chief Justice Chandrachud said, “This is to assist judges and the legal community to identify, understand, and combat stereotypes about women in legal discourse. It contains a glossary of gender unjust terms and suggests alternative words and phrases which may be used while drafting pleadings as well as orders and judgements. It is for lawyers as well as judges.”
The 30 page handbook focuses on identifying and addressing gender unjust terms and suggesting alternative words and phrases for use in drafting pleadings, orders, and judgements.
The Chief Justice emphasized that using using stereotypes may reinforce ideas contrary to the constitutional ethos of India, which seeks equal rights for all persons, regardless of gender.
In various tables in the notebook it is noted which "Stereotype promoting language" should be
replaced with "Alternative language."For instance, the manual proposes using "Sex worker" and"Unmarried woman” instead of phrases like”Prostitute" and Spinster," respectively.
The manual discusses stereotypes about women, including the belief that they are emotional and incapable of decision-making. It also discusses how these presumptions can affect court evaluations, such as downplaying consent in romantic relationships, especially in cases involving sexual assault.
The Indian judiciary must acknowledge the pervasive effects of gender stereotypes and actively strive to eliminate them from its reasoning, judgements, and writing.
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