LI Network
Published on: 16 August 2023 at 15:50 IST
Chief Justice of India DY Chandrachud announced the launch of a “Handbook on combating Gender Stereotypes” by the Supreme Court. The purpose of this handbook is to identify and eliminate the use of gender-loaded words and phrases in judgments and court language.
Chief Justice Chandrachud emphasized that the handbook is designed to aid judges and the legal community in recognizing, comprehending, and countering stereotypes about women prevalent in legal discourse.
The handbook comprises a glossary of gender-biased terms and provides alternative language suggestions for use in drafting pleadings, orders, and judgments. This resource is intended to benefit both lawyers and judges alike.
The handbook sheds light on common gender stereotypes, many of which have been employed by courts in the past, demonstrating their inaccuracy and potential to distort the application of law.
The objective is not to criticize or question judgments but to demonstrate how stereotypes can inadvertently find their way into legal language. By promoting awareness against harmful stereotypes, especially those targeting women, the handbook aims to clarify the concept of stereotypes.
Chief Justice Chandrachud outlined the three main purposes of the handbook. Firstly, it assists judges in identifying and avoiding language that promotes gender stereotypes by suggesting alternative words and phrases. Secondly, it highlights common patterns of reasoning rooted in gender stereotypes, particularly those concerning women. Lastly, it references binding Supreme Court judgments that have rejected these stereotypes.
During a public event in March, CJI Chandrachud had revealed the ongoing preparation of the handbook on gender stereotypes. He cited instances where judgments referred to women as “concubines” or “keeps” in contexts related to relationships or domestic violence cases.
The handbook’s legal glossary was crafted by a committee led by Justice Moushumi Bhattacharya of the Calcutta High Court. Other contributors included Justice Prathiba M. Singh of the Delhi High Court, former judges Prabha Sridevan and Gita Mittal, and Jhuma Sen, an advocate at the Calcutta High Court and the Supreme Court, who also holds an adjunct faculty position at the West Bengal National University of Juridical Sciences in Kolkata