Combating Gender Stereotypes in Courts

A stereotype is defined as “a set idea that people have about what someone or something is like, especially an idea that is wrong.” Stereotypes are typically held against individuals belonging to specific social groups have certain characteristics or traits.  .. . . People are constantly subjected to stereotypes based on their nationality, region, caste, gender, disability, sexuality, skin colour, physical appearance, and race[i]. 

The Supreme Court of India in an historic move has brought out a Handbook on Combating Gender Stereotypes in judicial orders and court pleadings.  The Handbook on aims to assist judges and the legal community in identifying, understanding and combating stereotypes about women. It contains a glossary of gender-unjust terms and suggests alternative words or phrases which may be used while drafting pleadings as well as orders and judgments. The Handbook identifies common stereotypes about women, many of which have been utilised by courts in the past and demonstrates why they are inaccurate and how they may distort the application of the law[ii]

This Handbook offers guidance on how to avoid utilising harmful gender stereotypes, in particular those about women, in judicial decision making and writing. The Handbook aims to explain what stereotypes are, and help judges identify and avoid such stereotypes by:

• identifying language that promotes gender stereotypes and offering alternative words and phrases; and
• identifying common reasoning patterns that are based on gender stereotypes (particularly about women) and discussing why they are incorrect.
• highlighting binding decisions of the Supreme Court of India that have rejected these stereotypes and can be utilised by judges to dispel gender stereotypes.

The Handbook helps the legal profession to understand the concept of stereotypes, how it functions, its different varieties and the impact such stereotypes have caused in the judicial system.

It is hoped that this Handbook will be a catalyst for change within the legal profession, inspiring the Indian judiciary to discharge its duties impartially with a recognition of the inherent dignity and unique nature of every individual.

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[ii] Dr. Justice Dhananjaya Y. Chandrachud, Chief Justice of India forward to the Handbook on Compating Gender Stereotypes