Fighting Stereotypes: On The Handbook On Combating Gender Stereotypes

Relevance: GS 2 - Structure, organization, and functioning of the Judiciary; GS1 - Indian Society

(Source: The Hindu, 08/18/23)

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Why in the news?

• Recently, the Supreme Court of India has released guidelines in the "Handbook on Combating Gender Stereotypes" to counter harmful biases that perpetuate inequality.
• The handbook aims to raise awareness about the role of language in perpetuating gender stereotypes within the legal system and provides guidance on using more respectful and neutral terms to promote fairness and equality.

What is the need?

• To Combat Gender Stereotypes: It aims to combat gender stereotypes in the language used within the judiciary and legal community.
• For instance, terms like "career woman," "fallen woman," "faithful or obedient wife," "eve-teasing," and "hermaphrodite" have been identified as gender-unjust terms.
• The Supreme Court suggested using more neutral and respectful terms like "woman," "wife," "street sexual harassment," and "intersex" instead.
• To Promote Equity and Justice: Stereotypes, negatively affect the perception of issues like sexual harassment and violence against women, perpetuating biased viewpoints.
• To Address false assumptions: The handbook addresses false assumptions about women's characteristics, such as the stereotype that women are overly emotional, illogical, and unable to make rational decisions.
• It emphasizes that a person's gender should not determine their capacity for rational thought.
• To Address Prejudices: The handbook discusses assumptions made about a woman's character based on her clothing choices and sexual history.
• These assumptions can influence how the court assesses her actions, particularly in cases involving sexual violence, and may undermine the importance of consent in such cases.

Towards gender equality

• Respecting personal Choices: The handbook disputes the stereotype that all women desire motherhood, emphasizing that parenthood is a personal choice. It highlights the fact that many women are denied agency over their life choices, and encourages society to respect diverse paths.
• Challenging Common Assumptions: The handbook delves into commonly held assumptions surrounding sexual harassment, assault, rape, and other violent crimes, which unfairly prejudice women. By addressing these biases, the handbook seeks to create a more just legal landscape.
• Discrediting Misconceptions: The Court challenges stereotypes such as the belief that women who deviate from traditional clothing norms and engage in smoking or drinking are inviting trouble upon themselves. The handbook underscores the importance of consent and debunks the idea that survivors of sexual assault should always immediately report their experiences.

What are the reasons for gender inequality in India?

• Cultural institutions: Cultural institutions in India, particularly those of patrilineality (inheritance through male descendants) and patrilocality (married couples living with or near the husband’s parents), play a crucial role in perpetuating gender inequality.
• Preference for sons: A culturally ingrained parental preference for sons – emanating from their importance as caregivers for parents in old age – is linked to poorer consequences for daughters.
• Dowry system: The dowry system, involving a cash or in-kind payment from the bride’s family to the groom’s at the time of marriage, is another institution that disempowers women. The incidence of dowry has been steadily rising over time across all regions and socioeconomic classes.
• Patriarchal mindset: Patriarchy is a social system of privilege in which men are the primary authority figures, occupying roles of political leadership, moral authority, control of prosperity and authority over women and children.
• Poverty and lack of education: Poverty and lack of education derives countless women to work in low-paying domestic service, organized prostitution or as migrant laborers.

Conclusion

The handbook serves as a guide not only for judges and lawyers but also has the potential to catalyze societal change at various levels.

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FAQs

MCQ

Question: Which of the following is/are the indicator/indicators used by UNDP (United nation development program) to compute the Gender Inequality Index (GII)?

1. Reproductive health
2. Economic status
3. Empowerment

Select the correct answer using the code given below.

(a) 1 only

(b) 2 and 3 only

(c) 1 , 2 and 3

(d) 1 and 3 only