Title- A Handbook for Challenging Gender Stereotypes
Introduction
Recently, the Supreme Court of India released a handbook on combating gender stereotypes.
It is upsetting to acknowledge the necessity for a manual to promote understanding of gender stereotypes in the twenty-first century. Why is it so difficult to comprehend that a particular gender is not meant for a specific role or that he/she is incompetent to do any work? There is a need to shift society's preconceived beliefs about gender stereotypes. Women are always saying, 'We can do anything that men can do.' But men should be saying, 'We can do anything that women can do.' It is rightly quoted by Gloria Steinem, which promotes the idea of gender equality and breaks the typical stereotype regarding women.
Gender stereotypes refer to drawing conclusions about any certain gender that are prejudiced in nature. For example, women are passive, weak, and emotional, whereas men are strong, unemotional, leaders, etc. This kind of thinking, which is deeply entrenched in our society, influences the young generation in a negative manner. It has a detrimental impact on the thinking of people, which impedes the advancement of society economically, politically, and socially.
Understanding gender stereotypes in the legal profession
Laws are made with the intention of promoting equality regardless of their gender,sex, religion, etc. They are very important for maintaining peace and harmony in society. Judges are essential in making sure that court cases are just and fair. They should be impartial while rendering their decisions. Their personal beliefs and biases should not influence their decisions; otherwise, it would be discriminatory and compromise the integrity of the legal system.
However, if the judges themselves use stereotypical words and phrases for a particular gender while delivering their judgement it will give the wrong message to the whole society.
For example, in Shafin Jahan vs. Asokan K.M. (2018), the Kerala High Court used its parens patriae authority to dissolve the marriage of Shafin Jahan and Hadiya, noting that "a girl aged 24 years is weak and vulnerable and capable of being exploited in many ways." This clearly reinforces the idea that she is incapable of making rational and correct decisions in life, even when she has attained the age of 18.
Recently, Senior Advocate Indira Jaising wrote a letter to Chief Justice of India (CJI) DY Chandrachud expressing her concerns regarding a lack of gender sensitivity among members of the bar. While praising the initiative, she suggested making similar handbooks for gender stereotyping in Bar."I have been referred to by my male colleagues as ‘delightful’ during court hearings, something which I promptly objected to and which is recorded in a judgement of the court as a form of harassment in court. Significantly, at the other end of the spectrum, I get told by my male colleagues, ‘Don't raise your voice in court’," she recounted.
Advocate Urvi Mohan contends that although the term "lawyer" is gender-neutral like "doctor," it is not always used. “While a male lawyer is addressed as sir or a counsel, the female lawyer becomes a madam. There is no legitimate rationale as to why it is done, because for a doctor, one doesn’t say a female doctor; you say doctor, argued Mohan.
This kind of discrimination is faced by the LGBTQIA+ community too. These instances are not only common in the legal profession. It's very common in other fields like politics, entertainment and media, sports, medicine, etc. Everyone should promote the use of inclusive language.
Decoding the handbook
This 30-page handbook was released on August 16, 2023 to promote the use of inclusive language for all genders. The Forward by the Honourable Chief Justice of India, Dr. Justice Dhananjaya Y Chandrachud, mentions how judges should not rely on prejudiced stereotypes while making judicial decisions. Further, he also makes it clear that the intention of this book is not to criticize past judgements. It is divided into 3 sections: Understanding Stereotypes, Understanding Gender Stereotypes, and Current Doctrine on Legal Issues. This handbook asks the readers to make use of language that is respectful in nature. The use of words like concubine, women of ‘easy virtue’, slut, etc. diminishes the dignity of the individual. It contains many judgements to understand the impact of such language on the perception of common people.
Conclusion
It's time to challenge these stereotypes and make sure that every gender is treated with the utmost respect and care. It's not limited to only women but includes other genders too. In order to encourage others, the media should highlight people who have overcome all obstacles to achieve success. We should promote awareness at all levels of schools. Everyone should get equal opportunities and respect in this world. Sheryl Sandberg, who said, "In the future, there will be no female leaders. There will just be leaders."
SOURCES
** Author :- Trisha Kalash, a student at Government Law College, Mumbai
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