India's Supreme Court Issues Guidance on Terminology Used for Women

Facts

• India's Supreme Court has released a handbook advising against using words and terms used to describe women that are considered stereotypical or prejudicial. This is part of an attempt to tackle sexism in the judicial system.¹
• The handbook, released by Chief Justice DY Chandrachud, contains a glossary of 'unjust' gender terms while suggesting 'alternative words or phrases' that may be used within pleadings, orders, and judgments.²
• Terms to be avoided within the handbook, titled 'Combating Gender Stereotypes,' includes over 100 words flagged as inappropriate.³
• Chandrachud had announced in March that a legal glossary was to be released. The handbook cites previous cases of stereotypes in the justice system, such as a 2017 judgment by the Kerala high court which described a 24-year-old woman as 'weak and vulnerable, capable of being exploited in many ways.'⁴
• It's stated that many of the terms based upon unfounded 'inherent characteristics' of women unfairly relate to 'sex, sexuality, and sexual violence.'⁵
• The handbook argues that stereotypes influence 'thought and actions towards other people,' consequently impacting the 'impartiality and the intellectual rigour of judicial decisions.'⁶

Sources: ¹Hindustan Times, ²The Economic Times, ³Mint, ⁴The Wire, ⁵The Indian Express and ⁶India Today.

Narratives

• Left narrative, as provided by The Hindu. India's new legal handbook is a catalyst for change for the better, and rejecting derogatory terms against women should not simply be limited to the courts. Unfortunately, women in India still largely lack autonomy within a patriarchal society, and the change in support of such a reality is still too slow. The legal system's confrontation with the oppression of women is an appreciated start, but Indian women must be further supported.
• Right narrative, as provided by Swarajyamag. Justice DY Chandrachud may be praised by the left, but there is serious concern over his desire to replicate the judicial system of the Christian West. Courts cannot seek to harm the traditional understanding of Indian society, when the reality is that some are born unequally with differing abilities and potentials. In an attempt to protect all human rights, Chandrachud and leftist ideology continues to harm the nexus of society, and will inevitably dig its own grave as a consequence.