Publication of the Handbook: Acknowledgment of Language's Role
The release of the Supreme Court Handbook on Combating Gender Stereotypes in 2023 by then Chief Justice of India (CJI) D.Y. Chandrachud highlights an institutional recognition that language can either perpetuate or dismantle inequality.
Critical Remarks and Review
During a sexual assault case hearing, CJI Justice Surya Kant described the handbook as 'technical' and 'Harvard-oriented,' prompting a request for the National Judicial Academy to assemble experts to review it. Concerns were raised about the complex forensic language that may not be accessible to survivors, their families, or the general public.
Objectives of the Handbook
- Identify Gender Stereotypical Language: Suggest alternatives to language in judicial reasoning that perpetuates gender stereotypes.
- Highlight and Correct Reasoning Patterns: Explain why certain reasoning patterns based on stereotypes are incorrect.
- Compile Supreme Court Decisions: Include binding decisions that have rejected such stereotypes.
Language and Stereotypes in Judicial Reasoning
The handbook underscores the impact of stereotypes on judicial reasoning by providing stereotype-promoting language alongside recommended alternatives, supported by case law.
- Example: In D. Velusamy vs D. Patchaiammal (2010), the term “keep” was used, which drew criticism for its patriarchal connotations.
- Example: The term “ravished” for rape is criticized for its archaic and moralistic undertones.
Importance of the Handbook
The handbook compiles key judgments rejecting stereotypes and affirms principles such as the contextual evaluation of injuries in sexual violence cases.
Emphasizing that the handbook is directed towards judges and lawyers, it is crucial for the legal community to interpret statutes and craft judgments based on constitutional values.
Evolution and Improvement
While acknowledging the need for future improvements, it is important to reform the handbook based on accurate understanding and feedback from the legal community. The handbook signifies a crucial step towards internal accountability in the judiciary.
