Supreme Court's Handbook on Combating Gender Stereotypes: Breaking Chains of Bias : Daily News Analysis

Date : 19/08/2023

Relevance:

GS Paper 2 - Judicial Activism
GS Paper 4 - Ethics- Stereotypes

Keywords: Gender-neutral language, societal norms, inclusive judicial system, Secretary Ministry of Defence vs. Babita Puniya case

Context-

In a recent development, the Supreme Court has unveiled a comprehensive handbook designed to address and rectify gender stereotypes present in legal discourse. The Handbook on Combating Gender Stereotypes has been introduced with the aim of eradicating the inadvertent use of biased language in judgments, orders, and court documents within the judicial system.

What is Gender Stereotyping?

Gender stereotyping involves attributing specific qualities, traits, or roles to individuals solely based on their gender. These stereotypes are often deeply ingrained in societies and can influence how people perceive and interact with each other based on their gender.

Illustration of Gender Stereotypes:

An instance of gender stereotyping is the belief that women should possess nurturing qualities and avoid assertiveness, while men should exhibit agency and avoid displaying vulnerability.

Impact of Gender Stereotyping on Women:

Gender stereotypes create barriers that hinder girls' access to quality education. These stereotypes reinforce the notion of women's roles being confined to domestic and familial spheres, which contributes to unequal access to education for girls.
Furthermore, gender stereotyping impedes women from attaining high-status positions within society. The persistent disparities in education, employment, and wages between genders are, in part, a result of these stereotypes.
Harmful gender stereotypes, inflexible notions of femininity and masculinity, and predetermined gender roles constitute underlying factors driving gender-based violence against women.

Stereotyping in Indian Society

Stereotyping persists in modern society due to various factors.

One contributing factor is illiteracy, which fosters a narrow perspective and perpetuates misconceptions. For instance, people attributing rain to gods and performing rituals for better weather showcase a lack of understanding of meteorology.
Socialization and upbringing play a pivotal role, as early influences like parents, teachers, peers, and media contribute to forming stereotypes. Consider a child perceiving smoking as cool due to its portrayal in media, thus developing misguided associations.
The societal environment also fosters conformity, leading individuals to adopt similar viewpoints. This can result in generalized beliefs about certain racial or national groups, even without personal experience, as seen in the unfair branding of Muslims as terrorists.
A patriarchal mindset contributes to stereotypes, especially concerning women's capabilities. Despite progress, biased perceptions endure, prompting women with qualifications to opt for traditional roles like homemaking.
Alienation of specific groups can breed stereotypes, fueled by feelings of discrimination. For example, Dalits might stereotype certain sects or governments as oppressive, a result of their perceived marginalization.
Furthermore, social divisions based on factors like religion, region, race, or ethnicity deepen stereotypes against particular groups. An unfortunate example is the unjust label of Muslims as terrorists, reflecting the harm caused by unfounded generalizations.

Key Highlights of the Handbook:

The SC handbook serves as a practical guide intended to assist judges and legal professionals in recognizing, comprehending, and countering gender stereotypes, particularly those concerning women.
Among its key features, the handbook highlights prevalent stereotypical words and phrases that have frequently made their way into judicial pronouncements.

For instance, the handbook points out instances such as the 2017 Supreme Court ruling in the Delhi gang rape case, where the term "ravished" was erroneously used instead of "raped."
The handbook cites other judicial decisions where unintentional gender-biased characterizations have been employed by judges.
In a significant move, the handbook provides alternatives to such language, suggesting preferred terminology that promotes gender-neutral and respectful communication.
For instance, the handbook recommends substituting derogatory terms like "seductress," "whore," or "woman of loose morals" with the more appropriate term "woman."
Furthermore, the handbook mandates the replacement of derogatory terms such as "hooker" and "prostitute" with the term "sex worker."
The handbook proposes the use of "street sexual harassment" instead of the term "eve-teasing" and advocates for the term "homemaker" in place of "housewife" in judicial discussions.

Addressing Misconceptions:

The handbook tackles preconceived notions about inherent attributes of women, such as portraying them as overly emotional, irrational, or incapable of making informed decisions.
It emphasizes that an individual's gender should not be a determinant of their ability to engage in rational thinking.
The handbook also sheds light on the impact of assumptions made about a woman's character based on her choices, including clothing and sexual history, which can influence how her actions and statements are perceived in cases involving sexual violence.

Significance of Correcting Judicial Language:

The significance of the handbook lies in its recognition that the language used by judges not only shapes their interpretation of the law but also reflects their understanding of societal norms.
Even if gender stereotypes do not alter case outcomes, using such language can inadvertently reinforce ideas that contradict the principles enshrined in the Constitution.
Language plays a pivotal role in the legal system, serving as a conduit through which legal values are conveyed. Words effectively communicate the intent of lawmakers and judges to the nation.

Global Efforts:

Similar endeavors have been undertaken in other countries, led by both academia and legal practitioners. An illustrative example is the Women's Court of Canada, where a collective of female lawyers, scholars, and activists draft "shadow judgments" focusing on equality law.
Likewise, within India, the Indian Feminist Judgement Project also undertakes the task of reinterpreting judgments through a feminist lens, offering critical assessments and alternative perspectives.

Other instances of judicial intervention:

Gender equality has been witnessed within the Supreme Court's pronouncements regularly. Several notable cases exemplify this commitment, including:

Secretary Ministry of Defence vs. Babita Puniya: In this landmark case, the court firmly established the principle of gender parity within the military. It emphasized that both men and women serving in the armed forces contribute as "equal citizens" toward a shared mission.
Anuj Garg vs. Hotel Association of India: Within this legal context, the court highlighted the concept of "romantic paternalism" being utilized to confine women within restrictive boundaries. This notion premised on the idea of women as the weaker gender, was criticized for limiting their autonomy.

Conclusion

It is imperative to recognize that women continue to grapple with societal biases. Achieving gender equality requires collective responsibility, particularly from institutions and individuals occupying influential positions. In essence, fostering a more equitable society necessitates a concerted effort from all quarters.

The launch of the Supreme Court's handbook marks a significant stride towards fostering a more inclusive and unbiased legal language, thereby contributing to a more just and equitable judicial system.

Probable Questions for UPSC Main exam-

Explain the concept of gender stereotyping and its impact on various aspects of society. Discuss the significance of the recently launched Supreme Court handbook in combating gender stereotypes within the judicial system. (10 Marks,150 Words)
Highlight the factors contributing to the persistence of gender stereotypes in Indian society. Describe the key features and recommendations of the Supreme Court's handbook on combating gender stereotypes. How can correcting judicial language contribute to societal change? (15 Marks,250 Words)

Source - The Hindu