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As Supreme Court (SC) consistently implements new ways to improvise its judgment in a more ethical and unique way, in the latest development, it has now red-flagged 40 odd words like prostitute, seductress, hooker, whore, slut, harlot and more to sensitise judges against inadvertently furthering gender biases by using stereotypical words in court judgements. SC […]
As Supreme Court (SC) consistently implements new ways to improvise its judgment in a more ethical and unique way, in the latest development, it has now red-flagged 40 odd words like prostitute, seductress, hooker, whore, slut, harlot and more to sensitise judges against inadvertently furthering gender biases by using stereotypical words in court judgements.
On Wednesday, Chief Justice of India DY Chandrachud launched the ‘ Handbook On Combating Gender Stereotypes.’ While red-flagging and condemning stereotypical words used n past court judgements, the CJI said, “These words are improper and have been used for women in court judgments. This handbook’s objective is not to criticise those judgments or doubt them. This is just to underline how gender stereotypes are perpetuated inadvertently.”
In the handbook, it explains how these improper, unethical words may impact judicial decision-making, saying, “Like any person, a judge may also unconsciously hold or rely on stereotypes. If a judge relies on preconceived assumptions about people or groups when deciding cases or writing 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.
“The use of stereotypes by judges also has the effect of entrenching and perpetuating stereotypes, creating a vicious cycle of injustice,” the handbook added.
Apart from the statements, the handbook also listed several stereotypical words and their alternatives. It said that words such as ‘faggot’ or ‘fallen woman’ or ‘harlot’ need to be done away with in court judgments. Instead, the handbook said that judges should accurately describe the sexual orientation of the person concerned — homosexual or bisexual, use ‘woman’ and avoid words used earlier like ‘harlot,’ etc.
Similarly, words such as ‘dutiful wife’ or ‘obedient wife’ should also be avoided being used in court judgements, it stated.
Further, in the case of sexual assault, the handbook added words such as ravished and red-flagged by the SC.
Notably, the handbook has busted several stereotypes attached to women, women being overly emotional and indecisive, unmarried women being incapable of taking decisions and all women wanting to have children.
“This glossary aims to help the Indian judiciary identify and mitigate the use of stereotypes and stereotype-enforcing language against women in their decision,” the handbook added.
The ‘Handbook On Combating Gender Stereotypes’ is now available on the Supreme Court website.