Combating Everyday Gender Stereotypes in the Courtrooms

 The Supreme Court of India recently published a Handbook on Combating Gender Stereotypes, which highlights how gender-unjust terms are used in pleadings, orders, and judgements to reiterate common stereotypes about women and end up denying them justice. It suggests using alternate terms. 

In my article on Combating Everyday Gender Stereotypes in the Courtrooms (https://countercurrents.org/2023/10/combating-everyday-gender-stereotypes-in-the-courtrooms/), I argue that to ensure gender justice, what is required is not only countering and challenging the stereotypes in the day-to-day language deployed in courtrooms but also changing the patriarchal mindset. The war against women started in the minds. 

It emphasizes the need to combat gender stereotypes in courtrooms, arguing that changing language alone isn't enough. While the Supreme Court's Handbook on combating gender-biased terms is a step forward, you stress that a shift in mindset is crucial. Patriarchy manifests in sexism, misogyny, and toxic masculinity, and these biases deeply influence how women are treated in legal proceedings.

You argue that gender justice requires challenging not only the language used but also the patriarchal mindset embedded in the legal system. Courtrooms should be spaces for contesting domination and dismantling entrenched power structures. This requires empathy, gender-sensitive judging, and a commitment to listening to women’s voices.

To achieve true justice, the legal system must deconstruct sexist biases, counter myths and misogyny, and prioritize victim-centered justice, transforming the courtroom into a tool for social change and equality.

The argument presented is a critique of gender stereotyping, particularly within the judicial system, and its harmful effects on women. Below is a summary:

1. The Harmful Effects of Gender Stereotyping:

• Gender stereotyping perpetuates inequalities and reinforces societal discrimination, leading to violations of human rights and depriving women of educational and professional opportunities.

• In patriarchal societies, gender stereotyping marginalizes and subjugates women, beginning from birth and continuing throughout their lives. In extreme cases, this can lead to violence, rape, and other atrocities.

• Despite the progress made through legal decisions in certain cases, such as the decriminalization of homosexuality or recognizing single mothers’ rights, courts in patriarchal setups often uphold patriarchal power structures, denying women justice.

2. Courtrooms as a Space for Reinforcing or Challenging Patriarchy:

• Courtrooms are not neutral spaces but are influenced by the larger patriarchal culture. While there have been some landmark rulings to challenge stereotypes, such as the equal property rights of wives, the majority of court decisions still reinforce male dominance and protect patriarchal power structures.

• Discrimination within the judicial system is visible in the underrepresentation of women in high judicial positions (e.g., only 4% of Supreme Court judges are women), and the failure of courts to ensure justice for the limited number of women who seek it.

3. Gender Stereotyping in Legal Procedures:

• In cases of sexual violence, gender stereotyping is evident in how victims are treated (e.g., victim-blaming, lack of accountability for perpetrators).

• Examples of regressive judgments, such as those in the Mathura or Bhanwari Devi cases, demonstrate how women’s testimonies are often undermined, and consent is twisted to deny justice.

• Courts have also been criticized for forcing rape victims to reconcile with their perpetrators and for perpetuating a culture of impunity that prevents meaningful legal reform.

4. Stereotypes in Domestic and Family Law:

• In cases of domestic violence, dowry harassment, or divorce, courts often rely on harmful stereotypes about women (e.g., the “good wife” vs. “bad wife”) that negatively impact women’s cases.

• The legal system continues to uphold conservative, patriarchal views about women’s roles in marriage and society, often treating women as subordinate to men.

• Courts have been criticized for their handling of issues like hijab bans, reinforcing the idea that women’s bodies are controlled by male-dominated social and legal structures.

5. Judicial Stereotyping and the Denial of Justice:

• Judicial stereotyping, based on preconceived beliefs about women, leads to the denial of justice, especially when judges fail to challenge these negative stereotypes.

• The lack of gender-sensitive training and underrepresentation of women in the judiciary further exacerbates the problem, resulting in miscarriages of justice.

6. Towards Empathetic and Gender-Sensitive Courtrooms:

• To address the root causes of gender injustice, it is essential to adopt an alternate justice framework that centers the voices and experiences of victims and survivors, particularly in sexual violence cases.

• There is a need to enforce international human rights provisions and ensure that judges are committed to principles like equality, impartiality, and fairness, as highlighted by the Bangalore Principles of Judicial Conduct.

• Increasing gender sensitivity and representation of marginalized groups in the judiciary is crucial to creating an impartial and democratic legal system.

The Call for Transformative Legal Change:

• To combat misogyny, the judiciary must listen empathetically to women’s testimonies, recognize the legitimacy of their claims, and provide timely, gender-sensitive remedies.

• Ending the culture of impunity, dismantling harmful stereotypes, and promoting gender justice is crucial for a more equitable society.

In conclusion, the article advocates for a judicial system that is free from harmful gender stereotypes and ensures that women are treated with dignity and fairness. Only by dismantling these deep-rooted biases and promoting empathy and gender sensitivity in the legal system can true gender justice be achieved.

Society and Law: Reflections on Gender Stereotypes

 

At the Christ University 

With Dr Ranjana Kumari and Dr Rukmani Sen

An Enlightening Experience Amidst Uncertainty

Despite the unexpected tremors and unsettling quakes that shook the day—both literally and metaphorically—the event at Christ University turned out to be an incredibly enriching and thought-provoking experience. I extend my heartfelt thanks to the university for organizing such a powerful and relevant program, even in the face of such unpredictability.

The day began with an opening address by the Director, setting the tone for what would be a deeply reflective session. The ceremonial lighting of the lamp added a sense of solemnity and tradition to the gathering, grounding us in purpose.

Dr. Ranjana Kumari delivered a compelling talk, shedding light on how stereotypes subtly and persistently infiltrate our everyday lives. She also spoke about the recent release of a significant Supreme Court publication, further emphasizing the urgency of addressing these social constructs through legal and institutional lenses.

Professor Rukmini Sen offered a beautifully articulated breakdown of the often-overlapping concepts of stereotypes, prejudices, discrimination, humiliation, and atrocities. Her insights into how each of these plays out in society—and how the law interacts with them—were especially enlightening. She masterfully connected these ideas with real-world implications, sparking critical reflection among all attendees.

Adding a legal perspective, Dr. Shalu Nigam explored how gendered stereotypes manifest within courtroom practices, shaping narratives and often distorting justice. She noted several cases to depict how stereotypes operate daily within the courtrooms and how the misogynist norms deeply impact gender justice. Her analysis was not just informative but also deeply unsettling, challenging to rethink the objectivity we often associate with the legal system.

A sincere thank you to Dr. Kusum Lata (Sociology, NCR), Dr. Prabha Zacharias, Dr. Sandeep Singh, Dr. Niharika Arora, and the entire team of faculty and student coordinators for their dedication in organizing this event. Their efforts ensured that the program continued seamlessly, despite the unexpected disruptions.

This session was not just an academic exercise—it was a call to awareness, introspection, and action. Grateful to have been part of a space that inspires meaningful dialogue and dares to confront uncomfortable truths.