New Delhi: The Supreme Court on Wednesday announced the release of a handbook to assist judges and lawyers in identifying, understanding and combating gender stereotypes about women in legal proceedings.
The handbook contains a glossary of gender unjust terms and suggests alternative words or phrases which may be used in pleadings, orders and judgements.
It explains stereotypes and helps judges to avoid them by identifying language that promotes gender stereotypes and offering them alternative words and phrases.
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“The handbook identifies common stereotypes about women, many of which have been utilised by courts in the past and demonstrates how they are inaccurate and how they distort the application of the law,” said Chief Justice of India D Y Chandrachud in open court addressing the lawyers.
He said the release of the handbook is not to cast doubt or criticise past judgments, but to indicate how stereotypes may unwittingly be employed.
The objective of the handbook is to raise awareness against the utilisation of harmful stereotypes, particularly those prejudicial to women, the 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 the Supreme Court which have rejected these stereotypes,” the CJI explained.
The handbook also contains previous judgments of the Supreme Court rejecting gender-based stereotypes.
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.
Chief Justice of India DY Chandrachud
He said the handbook will be uploaded on the website of the Supreme Court shortly, adding that a user manual and FAQs on e-filing with video tutorials will also be made available.
While speaking at a public event in March this year, CJI Chandrachud 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 had said then.
The legal glossary, Chief Justice Chandrachud had disclosed 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.
(With IANS, LiveLaw inputs)
