Context
- The recent observation by the Chief Justice of India, Justice Surya Kant, that the Supreme Court’s Handbook on Combating Gender Stereotypes (2023) is technical and too Harvard-oriented has its relevance and accessibility.
- While the emphasis on improving judicial training is undeniably important, such criticism risks overlooking the handbook’s actual purpose and contribution.
- A closer reading shows that the handbook is neither excessively academic nor detached from Indian realities; instead, it is a practical, precedent-based tool aimed at reforming judicial reasoning and language.
Purpose and Objectives of the Handbook
- Identifying Stereotypical Language
- It seeks to highlight language in judicial decisions that perpetuates gender stereotypes and recommends more appropriate alternatives.
- Challenging Faulty Reasoning
- The handbook examines common reasoning patterns rooted in stereotypes and explains why they are legally and constitutionally flawed.
- Compiling Binding Precedents
- It brings together Supreme Court judgments that have already rejected such stereotypes, making them accessible in a structured format.
- These objectives demonstrate that the handbook is not theoretical but deeply practical, designed to influence how judges write and reason in real cases.
The Role of Language in Judicial Reasoning
- Problematic Terminology in Judgments
- For instance, in D. Velusamy vs D. Patchaiammal (2010), the term ‘keep’ was used to describe a woman in a live-in relationship.
- This expression reflects patriarchal assumptions and diminishes women’s agency.
- Similarly, the use of the term ravished in rape cases carries outdated and moralistic undertones, shifting focus away from consent and bodily autonomy.
- Corrective Approach of the Handbook
- The handbook identifies such expressions and offers alternatives grounded in constitutional values like dignity and equality.
- In doing so, it promotes more sensitive and accurate judicial communication.
Grounding in Indian Legal Context
- Reliance on Supreme Court Precedents
- It compiles binding decisions of the Supreme Court that reject gender stereotypes.
- For example, it reiterates that the absence of physical injuries in sexual assault cases should not be used to discredit survivors.
- Recognition of Survivor Realities
- The handbook also acknowledges that there is no correct way for a survivor to behave, encouraging courts to adopt a contextual and empathetic approach.
- This reliance on existing Indian case law underscores its practical relevance and accessibility for legal professionals.
Understanding the Intended Audience
- Designed for Legal Professionals
- The handbook is intended for judges and lawyers, individuals trained to interpret legal texts, evaluate evidence, and write judgments.
- Technical language is therefore appropriate and necessary.
- Not Meant for Laypersons
- It is not designed as a public-facing document for survivors or the general population. Simplifying it excessively could undermine its effectiveness as a professional resource.
Scope for Improvement
- Need for Continuous Evolution
- Feedback from the judiciary, legal practitioners, and civil society can help improve its clarity and application.
- Constructive Criticism over Dismissal
- Rather than dismissing it as overly technical, stakeholders should engage with it critically to enhance its impact.
Conclusion
- The Handbook on Combating Gender Stereotypes represents an important institutional effort by the judiciary to address the subtle ways in which bias can influence legal reasoning.
- By focusing on language, precedent, and constitutional values, it promotes a more equitable and accountable judicial process.
- Labelling it as technical or Harvard-oriented risks undermining its significance and the progress it embodies.
- A more constructive approach would be to recognise its strengths while working towards its continuous improvement.
