SC releases handbook to combat gender stereotypes
The Supreme Court released a handbook that the words that augment gender stereotypes should be avoided in court language. The handbook states that stereotypes are typically held against individuals by their membership in a group. They are assumptions or beliefs that individuals belonging to specific social groups have certain characteristics or traits.
Chief Justice of India DY Chandrachud said, “The Handbook aims to assist judges and the legal community to identify, understand and combat stereotypes about women. It contains a glossary of gender-unjust terms and suggests alternative words or phrases which should be used while drafting pleadings as well as orders and judgments.”
Below is the list of words that promote stereotypes and the recommended terms laid out in the handbook.
|
List of Words |
Recommended Terms |
|
Adulteress |
Woman who engaged in sexual relations outside of marriage |
|
Affair |
Relationship outside of marriage |
|
Born a girl / boy |
Assigned female / male at birth |
|
Biological male / biological female |
Sex assigned at birth |
|
Bastard |
A child whose parents were not married |
|
Concubine/Keep/Mistress |
Woman with whom a man has had romantic or sexual relations outside of marriage |
|
Chaste woman |
Woman |
|
Career Woman |
Woman |
|
Child prostitute |
Child who has been trafficked |
|
Carnal intercourse |
Sexual intercourse |
|
Dutiful /faithful /good /obedient wife: |
Wife |
|
Eve teasing |
Street sexual harassment |
|
Easy virtue (eg, a woman of easy virtue) |
Woman |
|
Effeminate (when used derogatively) |
Accurately describe the characteristic using a gender neutral term (eg, confident or responsible) |
|
Fallen woman |
Woman |
|
Forcible Rape |
Rape |
|
Feminine hygiene products |
Menstrual products |
|
Faggot |
Describe the individual's sexual orientation accurately (eg, homosexual or bisexual) |
|
Housewife |
Homemaker |
|
Hormonal (to describe a woman's emotional state) |
Use a gender neutral term to describe the emotion (eg, compassionate or enthusiastic) |
|
Harlot |
Woman |
|
Hermaphrodite |
Intersex |
|
Hooker |
Sex worker |
|
Indian woman/western woman |
Woman |
|
Ladylike |
Use a gender neutral description of behaviour or characteristics (eg, amusing or assertive) |
|
Layabout/Shirker |
Unemployed |
|
Marriageable age |
A woman who has attained the legal age required to marry |
|
Provider / Breadwinner |
Employed or earning |
|
Provocative clothing/dress |
Clothing/dress |
|
Prostitute |
Sex worker |
|
Ravished |
Sexually harassed/assaulted or raped |
|
Slut |
Woman |
|
Seductress |
Woman |
|
Spinster |
Unmarried woman |
|
Sex change |
Sex reassignment or gender transition |
|
Survivor or victim |
An individual who has been affected by sexual violence may identify themselves as either a ‘survivor’ or ‘victim’. Both terms are applicable unless the individual has expressed a preference, in which case the individual's preference should be respected. |
|
Transsexual |
Transgender |
|
Transvestite |
Cross-dresser |
|
Unwed Mother |
Mother |
|
Violated |
Sexually harassed/assaulted or raped |
|
Woman of loose moral/easy virtue/promiscuous |
Woman |
|
Whore |
Woman |
The SC said in a press release that the handbook seeks to empower judges and legal community members to identify, understand and counteract harmful stereotypes about women. The handbook summarizes prevalent legal doctrine on crucial issues, particularly those involving sexual violence. It features a glossary of gender-unjust terms and proposes alternative words and phrases for use in legal documents, including pleadings, orders, and judgments. The compilation identifies common stereotypes about women and demonstrates the inaccuracies of these stereotypes and how they can impact the application of the law.
The handbook launch indicates a significant milestone in the journey towards a fair society. It is a significant step towards a gender-just legal order. The 30-page handbook contains a list of stereotypical words and suggested alternative terms for being used in legal discourses and judicial pronouncements.
The press release stated that the handbook aims to equip judges with the knowledge and tools to critically evaluate their own reasoning, and writing and to ensure that justice is served fairly and equitably. It said the ground-breaking initiative under the directions of the Chief Justice of India, Dr Dhananjaya Y Chandrachud is aimed at fulfilling the Indian judiciary's goal of eradicating pre-conceived gender stereotypes from judicial discourse, especially those concerning women.
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