Prostitute, hooker, whore, mistress, slut, these are among 40-odd words red-flagged by the Supreme Court in its latest handbook to sensitise judges against inadvertently further- ing gender biases by using stereotypical words in court judgment
Chief Justice of India DY Chandrachud launched the ‘Handbook On Combating Gender Stereotypes’ this morning. Flagging stereotypi- cal words used in past court judgments, he said, “These words are improper and have been used for women in court judgments. This hand- book’s objective is not to crit- icise those judgments or doubt them. This is just to underline how gender stereotypes are perpetuated inadvertently.
“Explaining how stereotypes may impact judicial decision-making, the handbook states, “Like any person, a judge may also unconsciously hold or rely on stereotypes. If a judge relies on preconceived assump- tions about people or groups when deciding cases or writ- ing judgements, the harm caused can be enormous.”
“Even when judges reach legally correct outcomes, the use of reasoning or language that promotes gender stereotypes undermines the unique characteristics, autonomy, and dignity of the individuals before the court,” it stated, adding, “The use of stereo- types by judges also has the effect of entrenching and perpetuating stereotypes, creating a vicious cycle of injustice.”
Listing several stereotypical words and their alternatives, the handbook stated
that words such as “faggot” or “fallen woman” or “harlot” need to be done away with in court judgments. Instead, it said, judges should accurate- ly describe the sexual orien- tation of the person con- cerned — homosexual or bisexual, use “woman” and avoid words such as “fallen woman” and “harlot”.
Likewise, words such as “dutiful wife” and “obedient wife” should be avoided, the handbook stated. The use of words such as “ravished” in cases of sexual assault or rape was also red-flagged in the handbook.
The handbook also busted several stereotypes attached to women, such as women being overly emotional and indecisive, unmarried women being incapable of taking decisions and all women wanting to have chil- dren.