Not 'seductress', just a woman: SC's handbook combating gender stereotypes

A woman is not a “chaste woman”, “a woman of easy virtue”, “harlot”, “seductress’, “slut” or “whore”, but simply a “woman”. These corrections in sexual stereotypes are part of a handbook for judges and other legal practitioners released on Wednesday by the Chief Justice of India DY Chandrachud.

“The language a judge uses reflects not only their interpretation of the law, but their perception of society as well. Where the language of judicial discourse reflects antiquated or incorrect ideas about women, it inhibits the transformative project of the law and the Constitution of India, which seek to secure equal rights to all persons, irrespective of gender,” the foreword by Chandrachud reads.

The initial draft of the 30-page booklet, was prepared by Social Justice Sub-Committee of the e-Committee of the Supreme Court (Justice Moushumi Bhattacharya, Judge, Calcutta High Court; Justice Prathiba Singh, Judge, Delhi High Court; and Professor Jhuma Sen).

The handbook contains a glossary of gender-unjust terms and suggests alternative words or phrases, which may be used while drafting pleadings as well as orders and judgments.

It identifies common stereotypes about women, many of which were utilised by courts in the past and demonstrates why they are inaccurate and how they may distort the application of the law.

It also contains a glossary of stereotypes and reality for perusal.

“The intention is not to criticise or cast doubts on past judgements, but merely to show how stereotypes may unwittingly be employed. Finally, it encapsulates the current doctrine on key legal issues which may be relevant while adjudicating certain cases, particularly those concerning sexual violence,” Chandrachud says.

The handbook says that 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. To raise awareness against the utilisation of harmful stereotypes, particularly those prejudicial to women, this handbook aims to explain what stereotypes are, and help judges identify and avoid such stereotypes,” it reads.

The handbook also cites examples of cases where such harmful stereotypes have been used. For example, a Sessions Court in Kozhikode in 2022 said: “The photographs produced along with the bail application by the accused would reveal that the de facto complainant herself is exposing to dresses which have some sexually provocative ones. So, Section 354A [IPC] will not prima facie stand against the accused.”

The handbook says that instead of saying “a sexually provocative dress” one should just say dress.

Step towards gender equality

The handbook also explains that while “sex” refers to the biological attributes of individuals, “gender” refers to socially constructed roles, behaviours, expressions, and identities of girls, women, boys, men, and gender-diverse individuals.

Gender identity is not limited to a binary (girl/woman and boy/man) but rather exists on a spectrum and can evolve over time. Further, gender is a social construct, and includes norms, behaviours, and roles associated with a particular gender identity. An individual’s gender identity profoundly influences self-perception, interpersonal dynamics, and the distribution of power and resources in society.

While this glossary primarily deals with stereotypes concerning men and women, it is important to recognise harmful stereotypes that can exist with respect to any gender identity, the book says.

So instead of biological sex/biological male/biological female, one should use sex assigned at birth and instead of using a word like “faggot” one should use accurately describe the individual’s sexual orientation (e.g., homosexual or bisexual). Similarly, “transvestite” one should use cross-dresser and instead of “hermaphrodite” one should use intersex.

"While this handbook has primarily focused on gender stereotypes that concern women, it is important to realise that stereotypes impact individuals from across the gender spectrum. Judges must be vigilant against all forms of gender biases and ensure that every person, regardless of their gender identity, is treated equally and with dignity before the law," the conclusion reads.