Supreme Court Has Prepared A “Handbook On Combating Gender

Chief Justice of India DY Chandrachud announced today morning that the Supreme Court has prepared a “Handbook on combating Gender Stereotypes”, in order to identify and remove the use of words and phrases, which are loaded with gender stereotypes, in judgments and court language.

“This is to assist judges and the legal community to identify, understand, and combat stereotypes about women in legal discourse. It contains a glossary of gender unjust terms and suggests alternative words and phrases which may be used while drafting pleadings as well as orders and judgements. It is for lawyers as well as judges”, CJI said.

“The handbook identifies common stereotypes by women, many of which have been utilised by courts in the past and demonstrates why they’re inaccurate and how they may distort the application of law. The intention is not to criticize or cast doubts on judgements but merely to show how stereotypes may unwittingly employed. To raise awareness against the utilisation of harmful stereotypes, particularly those against women, the handbook aims to explain what stereotypes are”, CJI added.

“It helps judges identify and avoid such stereotypes by first- identifying language which promotes gender stereotypes and offering alternative words and phrases; two, identifying common reasoning patterns based on gender stereotypes particularly about women. And three, highlighting binding judgements of Supreme Court which have rejected these stereotypes”, CJI explained.

The handbook will be uploaded in the Supreme Court website shortly.

While speaking at a public event in March this year, CJI Chandrachud had revealed that the handbook on gender stereotypes was under preparation. ““For instance, I have come across judgments which have referred to a woman as a ‘concubine’ when she is in a relationship. Women have been called ‘keeps’ in judgements where there were applications for quashing of FIRs under the Domestic Violence Act and Section 498A of the Indian Penal Code”, CJI

The legal glossary, Chief Justice Chandrachud then, was prepared by a committee chaired by Calcutta High Court judge Moushumi Bhattacharya. Other people involved in the process included Delhi High Court Judge Justice Prathiba M. Singh, former judges Prabha Sridevan and Gita Mittal, and Jhuma Sen, Advocate, Calcutta High Court and Supreme Court, also an adjunct faculty member at the West Bengal National University of Juridical Sciences in Kolkata.
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