Supreme Court docket, Chief Justice of India DY Chandrachud: No "Concubine", "Ladylike", "Dutiful Spouse": Supreme Court docket's New Handbook
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The handbook has now been uploaded on the Supreme Court docket web site
Prostitute, hooker, whore, hold, mistress, slut -- these are amongst 40-odd phrases red-flagged by the Supreme Court docket in its newest handbook to sensitise judges towards inadvertently furthering gender biases through the use of stereotypical phrases in court docket judgments.
Chief Justice of India DY Chandrachud launched the 'Handbook On Combating Gender Stereotypes' this morning. Flagging stereotypical phrases utilized in previous court docket judgments, he stated, "These phrases are improper and have been used for ladies in court docket judgments. This handbook's goal is to not criticise these judgments or doubt them. That is simply to underline how gender stereotypes are perpetuated inadvertently."
Explaining how stereotypes might impression judicial decision-making, the handbook states, "Like all individual, a choose may additionally unconsciously maintain or depend on stereotypes. If a choose depends on preconceived assumptions about folks or teams when deciding instances or writing judgements, the hurt induced may be huge."
"Even when judges attain legally right outcomes, the usage of reasoning or language that promotes gender stereotypes undermines the distinctive traits, autonomy, and dignity of the people earlier than the court docket," it said, including, "The usage of stereotypes by judges additionally has the impact of entrenching and perpetuating stereotypes, making a vicious cycle of injustice."
Itemizing a number of stereotypical phrases and their alternate options, the handbook said that phrases resembling "faggot" or "fallen lady" or "harlot" must be accomplished away with in court docket judgments. As an alternative, it stated, judges ought to precisely describe the sexual orientation of the individual involved -- gay or bisexual, use "lady" and keep away from phrases resembling "fallen lady" and "harlot".
Supply: Supreme Court docket of India web site
Likewise, phrases resembling "dutiful spouse" and "obedient spouse" needs to be prevented, the handbook said. The usage of phrases resembling "ravished" in instances of sexual assault or rape was additionally red-flagged within the handbook.
The handbook additionally busted a number of stereotypes connected to girls, resembling girls being overly emotional and indecisive, single girls being incapable of taking choices and all girls eager to have youngsters.
"This glossary goals to assist the Indian judiciary determine and mitigate the usage of stereotypes and stereotype-enforcing language towards girls of their determination," states the handbook, which has now been uploaded on the Supreme Court docket web site.
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