Supreme Court launches handbook to combat gender stereotypes in judgements

Chief Justice of India DY Chandrachud said the handbook is not intended to be a criticism of the work so far done by judges and lawyers

Chief Justice of India (CJI) D Y Chandrachud on Wednesday announced in open court that the Supreme Court (SC) has published a 'gender stereotype handbook' flagging words, phrases which judges, lawyers should avoid using in orders, judgements, pleadings, submissions, as well as the alternatives to be used in place.

The Chief Justice said the handbook is not intended to criticise the work done by judges and lawyers so far.

"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 CJI said.

He emphasised that, while the use of stereotypes may not change the judgment in a case, stereotypical language "may reinforce ideas contrary to our constitutional ethos."

"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," the Chief Justice said.

He noted that many words or phrases used in legal discourse (both by lawyers and judges) reflect archaic ideas with patriarchal undertones.

The 30-page long handbook seeks to help judges and lawyers identify stereotypes in order to avoid their usage in the future. It elaborates on how gender-based stereotypes function and their impact on judicial decision-making. The handbook also cites important precedents laid down by the Supreme Court "that categorically reject several of the stereotypes discussed."

The handbook includes several tables highlighting "Stereotype promoting language", which is to be switched out for "alternative language". For example, the handbook discourages the usage of terms like "prostitute" and "spinster" and instead suggests the use of "sex worker" and "unmarried woman", respectively.

Other tables in the handbook focus on highlighting incorrect assumptions about the traits of women, common stereotypes about the gender roles ascribed to men and women, and stereotypes that are often applied to men and women in the context of sex and sexual violence.

"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. By consciously avoiding the use of stereotypes in decision-making and stereotype-promoting language, the judiciary can foster an environment where gender equality is upheld and respected," the handbook reads.