To Remove Gender Stereotypes From The Law, A New SC Handbook

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

(Source: The Hindu, 08/17/23)

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Why in the news?

• Recently, the Supreme Court released a 30-page Handbook on Combating Gender Stereotypes.
• It aims to free the judiciary and the legal community from the mechanical application of gender-stereotypical language in judgments, orders, and court pleadings.

What is the significance?

• Combats Gender Stereotypes: It aims to combat gender stereotypes in 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 suggests using more neutral and respectful terms like "woman," "wife," "street sexual harassment," and "intersex" instead.
• Promoting Equity and Justice: Promoting a more just and equitable society. He mentioned that relying on predetermined stereotypes in judicial decision-making goes against the duty of judges to decide cases impartially, based on their merits.
• Addresses 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.
• Addresses 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.
• Significance of language: The Chief Justice pointed out that language used by judges reflects not only their interpretation of the law but also their perception of society.
• The example of changing the term "pauper" to "indigent" in the Code of Civil Procedure, 1908 was cited to demonstrate how language can impact the dignity and humanity attributed to individuals.
• 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.

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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