Combating Gender Stereotypes - Handbook by the Supreme Court of India

In this edition of #todayinposh, I want to share an important document that was released by the Supreme Court yesterday. 

In a big step to weed out stereotypes and perceived notions against women, the Supreme Court has compiled a glossary of words to be avoided by judges and lawyers in writing judgments or filing cases before courts. The document titled, ‘Handbook on Combating Gender Stereotypes’, lists some of the commonly used references used in the context of women and sexual crimes and suggests alternate terms or sentences to be used in its place.

The reason this handbook is important, because “If harmful stereotypes are relied on by judges, it can lead to a distortion of the objective and impartial application of the law. This will perpetuate discrimination and exclusion.”

Adding, Chief Justice of India DY Chandrachud says, 

“If a judge relies on preconceived assumptions about people or groups when deciding cases or writing judgements, the harm caused can be enormous. Stereotypes impact the impartiality and the intellectual rigour of judicial decisions where they cause judges to ignore or bypass the requirements of law or distort the application of the law vis-à-vis specific persons or groups.”

Some of the problematic language and gender stereotypes that are identified in the handbook includes: 

• Women are very likely to make false allegations of sexual assault or rape.
• Women who say “no” to sexual advances are shy and they actually mean to say “yes” and welcome the sexual advances.
• A woman who has previously had sexual relations cannot be raped because she has “loose morals” or a “loose character.”
• Young people follow “western” culture and engage in “casual” sexual relations which increases the likelihood of sexual violence and other harms.
• If a woman does not scream for help, attack the rapist or if she does not have any injuries on her body such as cuts and scrapes, she has not been raped.
• Women who dress in clothes that are not considered to be traditional want to engage in sexual relations with men. If a man touches such a woman without her consent, it is her fault.
• Women who consume alcohol or smoke cigarettes want to engage in sexual relations with men. If a man touches such a woman without her consent, it is her fault.
• Women do not speak to the man who has sexually assaulted or raped them after the incident of sexual assault or rape. If a woman speaks or interacts ‘normally’ with the accused, her complaint of sexual assault or rape is false.
• Women who are sexually assaulted or raped by men complain about the injustice immediately. If they complain after a time, they are lying. 

The handbook not only identifies language that promotes gender stereotypes and offers suitable alternatives, but also flags common but incorrect reasoning patterns based on gender stereotypes, particularly those about women.

This is so critical because these assumptions not only affect how the actions and statements of the women are assessed, they also diminish the importance of consent in sexual relationships as well as the agency and personhood of women. 

This handbook is not only an important reference for the judiciary but equally important for all IC members during the inquiry process.