New Delhi/IBNS: The Supreme Court has released a handbook for judges to be used as a guide to gender-just language barring the judicial system from relying on some patriarchal stereotypes, media reports said.
Among the replacements of words are unmarried woman in place of spinster, woman with whom a man has had romantic or sexual relations outside of marriage in place of mistress, sex worker in place of prostitute, street sexual harassment in place of eve teasing.
The draft of the handbook was prepared by Justice Moushumi Bhattacharya of Calcutta High Court, Justice Pratibha Singh of Delhi High Court and Professor Jhuma Sen.
Gender identity is not limited to a binary (girl/woman and boy/man) but rather exists on a spectrum and can evolve over time. Further, gender is a social construct and includes norms, behaviours and roles associated with a particular gender identity, the handbook reads.
On sexual assaults, the guide noted, Dominant caste men do not want to engage in sexual relations with women from oppressed castes. Therefore, any allegation of sexual assault or rape by an oppressed caste woman against a dominant caste man is false.
Rape and sexual violence have long been used as a tool of social control. Dominant caste men have historically used sexual violence as a tool to reinforce and maintain caste hierarchies.
Chief Justice of India DY Chandrachud said as quoted by Times of India, It is vital that judges not only avoid relying on stereotypes in their decision making and writing, but also actively challenge and dispel harmful stereotypes.
If harmful stereotypes are relied upon by judges, it can lead to distortion of the objective and impartial application of the law. This will perpetuate discrimination and exclusion.
