SC unveils handbook to eliminate gender stereotypes from law
- August 17, 2023
- Posted by: OptimizeIAS Team
- Category: DPN Topics
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SC unveils handbook to eliminate gender stereotypes from law
Subject: Polity
Section: Constitution
Context:
The 30-page Handbook on Combating Gender Stereotypes aims to free the judiciary and the legal community from the mechanical application of gender stereotypical language in judgments, orders, and court pleadings.
Handbook on Combating Gender Stereotypes
- The handbook’s purpose is to assist judges and legal practitioners in recognizing and addressing gender stereotypes about women.
- Focuses on identifying and rectifying common stereotypical language often found in judicial discourse.
- Released by Chief Justice of India DY Chandrachud.
Examples of Stereotypical Language in Judgements
- Points out the 2017 Supreme Court case where the word “ravished” was used instead of “raped.”
- Cites a Kerala High Court judgment that characterized a 24-year-old woman as “weak and vulnerable.”
Highlighted Stereotypical Language and Alternatives
- Lists phrases considered stereotypical and offer alternative language suggestions.
- “Concubine/keep” is suggested to be replaced with “woman with whom a man has had romantic or sexual relations outside of marriage.”
- Proposes using gender-neutral terms like “compassionate or enthusiastic” instead of describing a woman’s emotional state as “hormonal.”
Significance of Using Appropriate Language for Judges
- Argues that a judge’s language reflects their interpretation of the law and societal perceptions.
- Highlights how stereotypes in language can contradict constitutional principles and influence public perception.
- Emphasizes that language is a crucial vehicle for conveying legal values and intentions to society.
International Efforts and Similar Projects
- Notes the Women’s Court of Canada, a collective writing “shadow judgments” on equality law.
- Refers to the Indian Feminist Judgement Project, which critiques and “rewrites” judgments from a feminist perspective.
Constitutional Provisions for Women in our Constitution
| Constitutional Provision | Description |
| Article 14 | Men and women have equal rights and opportunities in political, economic, and social spheres. |
| Article 15(1) | Prohibits discrimination based on religion, race, caste, sex, etc. |
| Article 15(3) | Allows the State to make affirmative discrimination in favor of women. |
| Article 16 | Ensures equality of opportunities in public appointments for all citizens. |
| Article 23 | Prohibits trafficking in humans and forced labor. |
| Article 39(a) | Directs the State to secure men’s and women’s equal rights to means of livelihood. |
| Article 39(d) | Ensures equal pay for equal work for both men and women. |
| Article 42 | Requires the State to provide just and humane working conditions and maternity relief. |
| Article 51(A)(e) | Encourages renouncing practices derogatory to the dignity of women. |
| Article 300(A) | Ensures the right to property for women. |
| 73rd and 74th Amendment Act 1992 | Reserves 1/3rd of seats in local panchayats and municipalities for women. |