Patriarchal constructs are deeply ingrained and safely housed in various sections of our brains. While there is no shortage of literature, songs, and pop culture references available to dislodge these deep-seated notions, much of the time they do not hand the reader or viewer behavioural alternatives. This is what is special about the Supreme Court (SC)’s recently released Handbook on Combating Gender Stereotypes. In 31 simply drafted pages, the handbook is designed to dislodge words, thoughts and constructs rooted in
Patriarchal constructs are deeply ingrained and safely housed in various sections of our brains. While there is no shortage of literature, songs, and pop culture references available to dislodge these deep-seated notions, much of the time they do not hand the reader or viewer behavioural alternatives. This is what is special about the Supreme Court (SC)’s recently released Handbook on Combating Gender Stereotypes. In 31 simply drafted pages, the handbook is designed to dislodge words, thoughts and constructs rooted in narratives built over centuries.
The document is more than a handbook, it is a road map. The key to this document is its simplicity. It begins with suggestions to replace certain words in the vocabulary of those authoring judicial decisions. Better still, it offers alternatives. For instance, the following nine words — career woman, chaste woman, woman of easy virtue, fallen woman, harlot, Indian woman/western woman, seductress, slut, whore, wanton woman — are labelled incorrect. The handbook suggests they be replaced by alternative language, and the word suggested is woman. Woman is also helpfully labelled as preferred. In using the terms “incorrect” and “preferred” to address the use of some fairly offensive words, the document comes across to the reader as measured in its pitch. It does not polarise. Even those who may possibly be concerned with the apparently “dwindling rights of men”, could not possibly find fault.
The handbook then addresses stereotypes based on perceived inherent characteristics of women. These are listed as stereotypes of women being passive, weak, vulnerable, overly emotional and illogical.
Other stereotypes mentioned include the notion that unmarried women are incapable of making decisions for themselves. Many stereotypes cited are helpfully footnoted with references to actual court decisions. One such example was that of a woman’s right to exercise agency over her choice of life partner at the age of 24. In that case, the Kerala high court said, “A girl aged 24 years is weak and vulnerable, capable of being exploited in many ways.”
Separately addressed are stereotypes based on gender roles steeped in family structure, such as women being caregivers to family members, women being tasked with all household chores and the perception that women who are mothers are less effective in a workplace. The handbook states, in a column titled reality, that people of all genders are equally suited to care for others, be it in the form of parenting, looking after elderly family members, or even doing household chores. The messaging here is important because dismantling the social constructs at home is truly the only way women will be equal outside the home.
The section on sexual violence is perhaps one of the most important portions of the handbook. A reminder of the 1992 Bhanwari Devi rape case — where the trial court acquitted the accused and found that members of a dominant caste would not rape a woman from an oppressed caste and that men of different castes would not participate in a gangrape — bears important reference. On conduct and clothing, it is simply put, “The clothing or attire of a woman neither indicates she wishes to engage in sexual relations nor it is an invitation to touch her.” Consent and what real consent means is emphasised. A woman’s agency over her own body is a recurring reference stated in different ways.
Since the handbook is designed for the judiciary and those playing a role in the legal system, it ends with citing just a handful of important precedents from the SC. The decision striking down the section in the Indian Penal Code on adultery and assumptions that historically made it difficult to prosecute rape cases find mention. These are simply cited by way of illustrations, and need to be read holistically with the rest of the document.
The reason I write this today is because this document is too important to stay within the confines of the legal fraternity. It is essential reading for the public at large. Appropriately modified versions should be made a part of high school curriculum and find a place on college campuses. Workplaces should adopt similar handbooks, customised to the idiosyncrasies of their particular industry/circumstances. The central message applies to everyone, and it is rare to find a piece of work that can tell someone how to be a better, more evolved human in 31 pages. It needs to be read widely.
Shyel Trehan is a counsel practising in the Delhi high court and Supreme Court. She is a graduate of NLSIU Bangalore and Columbia Law School. The views expressed are personal
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