Supreme Court's New Handbook Asks Judges to Avoid Words like "Concubine", "Ladylike", "Dutiful Wife"

NEW DELHI: Words like prostitute, hooker, whore, keep, mistress, slut, are among 40-odd words banned by the Supreme Court in its latest handbook in its effort to sensitise judges against inadvertently increasing gender biases through use of stereotypical words in court judgments.

Chief Justice of India DY Chandrachud launched the 'Handbook On Combating Gender Stereotypes' on Wednesday morning. He flagged stereotypical words used in past court judgments, saying, "These words are improper and have been used for women in court judgments. This handbook's objective is not to criticise those judgments or doubt them. This is just to underline how gender stereotypes are perpetuated inadvertently."

In its explanation on how stereotypes are likely to impact judicial decision-making, the handbook states, "Like any person, a judge may also unconsciously hold or rely on stereotypes. If a judge relies on preconceived assumptions about people or groups when deciding cases or writing judgements, the harm caused can be enormous."

"Even when judges reach legally correct outcomes, the use of reasoning or language that promotes gender stereotypes undermines the unique characteristics, autonomy, and dignity of the individuals before the court," it stated.

It went onto add, "The use of stereotypes by judges also has the effect of entrenching and perpetuating stereotypes, creating a vicious cycle of injustice."

The handbook provides a list of several stereotypical words along with their alternatives, stating that words such as "faggot" or "fallen woman" or "harlot" need to be done away with in court judgments. Moreover, it said, judges should accurately describe the sexual orientation of the person concerned -- homosexual or bisexual, use the general "woman" and avoid words such as "fallen woman" and "harlot".

In a like manner, words such as "dutiful wife" and "obedient wife" ought to be avoided, the handbook stated. The use of words such as "ravished" when used in cases of sexual assault or rape was also red-flagged in the handbook.

"This glossary aims to help the Indian judiciary identify and mitigate the use of stereotypes and stereotype-enforcing language against women in their decision," states the handbook, which has now been uploaded on the Supreme Court website.

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