IN FOCUS : Words are the bricks and mortar of the wall of equality

“Women, like all other people, may consume alcohol or smoke cigarettes for a variety of reasons, including for recreation. The consumption of alcohol or use of tobacco is not an indication of their desire for sexual relations with a man. A man who touches a woman without her consent must not be permitted to take the defense that the woman invited his touch by drinking or smoking,” states the handbook released by the Supreme Court of India against gender stereotypes. The 30-page guide aims to prevent the use of inappropriate terms by judges and members of the legal community.

It also helps people understand the importance of gender-inclusive language and the implications of this in larger discourse. The legal profession is always seen as an entity that values grammatical precision and takes pride in its ability to skillfully wordsmith. Interestingly, the law colleges teach the students in their very first year that cases have been won or lost on a comma. Memoranda, drafts, or contracts all require precision in order to hold a greater degree of legal authority and weave a viewpoint for the parties.

Then, how come the legal domain has not taken adequate steps to be gender inclusive?
The handbook is revolutionary in the sense that it attempts to bring massive change to society beyond courtrooms. For instance, the handbook takes a dig at the stereotype that women are more passive. On the other hand, the book shows a mirror by mentioning that people display a wide range of personality traits. Both men and women can be (or may not be) passive. As a rule, women are not more passive than men.

The handbook also gives us examples of how language can perpetuate gender-based discrimination by forming perspectives. In an appeal against a decree for restitution of conjugal rights, it was admitted that the husband regularly beat the wife. The husband’s justification for this conduct was that: the husband wanted his breakfast at 6 AM but the wife only woke up at 7 AM; and the wife did not dress according to the husband’s wishes.

While the High Court set aside the decree for restitution of conjugal rights, it observed, “As a devoted wife, it was no doubt [the wife’s] duty to get up before her husband was to leave for his work, but if she did not, the husband was not entitled to beat her. Likewise, as a dutiful wife, she should have respected the wishes of her husband as to the particular clothes to be worn on a particular occasion. But if she did not, again, the husband had no right to beat her.”

This instance clearly reflects how, even when arriving at a legally apt outcome, jurisdictional reasoning can reinforce stereotypes about the roles of women. On top of that, the use of language such as “dutiful wife” only accentuates these harms.
Language is a tool of the legal profession

The law has clearly been the product of men guided by patriarchal standards. As a result, for a very long time, the legal system has preserved and prolonged a sexist perspective. Aparna Bhatt, communication skills trainer, poet, and feminist, joins us in the discourse.

She opines, “Women seeking justice, especially in cases of sexual violence and marital abuse, have faced the ire of a deeply misanthropic society in general and a chauvinist legal system in particular. With the launch of a handbook by the Supreme Court of India on combating gender stereotypes, a revolutionary change has been ushered in. Words like dutiful wife, spinster adulteress, vamp, hooker, effeminate, faggot, slut, harlot, etc.

are now being pointed out as outrightly derogatory, perpetuating gender stereotypes and toxicity. To understand and appreciate this landmark change, we must, first and foremost, understand that words have tremendous power. Words are our armor, words are our ammunition, words are constructive, words are destructive, words can empower, and words can enslave. Our system, our society, and our everyday world live through words, so to speak. Words carry the consciousness and sensibilities of an era and its people.

Hence,the potency of words cannot be undermined. Sexist words fracture the very spirit of an already emotionally and physically broken woman who is seeking justice. Sexist words not only reflect the mindset but also affect the mindset of the justice system…
As a result, women bear the brunt of this verbal misogyny, and often justice turns into a spectacle of sexism. The easiest way to smash a woman to smithereens is by trivializing her experiences and pain and by using disparaging and vulgar names to attack her sense of self.”

Additionally, it is also important to note that women are often only treated as a counterpart and never as a part of our male-dominated world. A woman is only seen in relation to men as a wife, a mother, a daughter, or a sister, but never as an individual who is entitled to human rights simply because she is a human, and language is often used to sustain and reinforce this. Unfortunately, even our courts are not free of this patriarchal prejudice. Consequently, the language employed in court endorses a woman’s secondary role in our society.

“For this reason, the issue of this Handbook by the Supreme Court of India is a historic step towards a gender-equal future. It will slowly but steadily alter the way judges and lawyers perceive women, remain respectful, objective, and unbiased, and also operate mindfully and respectfully. After all, words carry power, and changing the language employed by the courts can lead to an influential and welcome stride towards a gender-equal India,” adds Bhatt, citing a popular saying by Canadian author Many P. Hall: “Words are potent weapons for all causes, good or bad.”

Rightly so, language is key everywhere, as it is the tool for constructing the world around us. However, the handbook questions this norm by offering a catalyst for questioning how we can reflect our world with the use of language in a more inclusive way. Arouba Kabir, a mental health therapist, highlights, “The use of language is very important in human growth, both personally and professionally, and especially in legal settings such as courtrooms because such words do not only reflect our thoughts and beliefs but also shape our interactions, perceptions, and opportunities for the individuals involved. When it comes to gender-related language, the impact is profound due to its role in reinforcing social norms, stereotypes, and power dynamics.

Replacing terms or words, as recommended by the handbook, would have significant benefits, like legal fairness. Using respectful language for all genders ensures that all parties involved are treated fairly, without the influence of bias, stereotypes, or discrimination. Using disrespectful terms like “effeminate” or “bastard” perpetuates harmful stereotypes, which can contribute to discrimination and unequal treatment in society.”

She continues, “If a woman is seen as a daughter or mother, then it obviously strips off their own individuality. We live in a patriarchal society that often imposes traditional gender roles and expectations, and it’s only in the last few decades that women have been able to feel free or hold themselves high. When we try to put women in specific roles, it does have an impact on their identities; their own aspirations, dreams, and complexities can become overshadowed. While the roles of daughter and mother are undoubtedly significant, they represent only facets of a woman’s multifaceted identity.”

At a minimum, when judges, court and clerk staff, and other justice system partners communicate with court users, they should use gender-inclusive language as much as practicable. Courts should make it common practice in both oral and written communications. As per a 32-page toolkit released by the NCSC (National Center for State Courts),

.Use they or them unless you are aware of one’s specific gender preferences. (It is okay to ask someone for their pronouns.)
.Consider adding a pronoun field to standardized forms.
.Make your writing more accurate by being inclusive and responsive to legal changes.
.Consult with native language speakers to reflect inclusivity in translated court communications.

Aren’t these points so basic that we all should have followed them by now? Then why this delay in even recognizing the loopholes? It is also ironic that the legal domain, which claims to give justice and evidently has given landmark judgments like the SC ruling on abortion, women in the armed forces, Section 377, and more, is so late in understanding the role of gender neutral language in the legal profession.

Notably, the handbook combating gender stereotypes released by the honourable Supreme Court has a beautiful cover that needs to be talked about. The cover of the handbook has shades of blue and a woman’s drawing. The woman is holding a scissor while her legs and hands are tangled in thread. She attempts to cut off one string of the thread or rope and free herself. We speak with Hyderabad-based lawyer Subha Rajeswari, who shares her perspective on the handbook.

“The Hon’ble Supreme Court of India has launched a handbook on combating gender stereotypes that contains a glossary of gender unjust terms and suggests alternative words and phrases that may be used while rendering judgments, orders, and court pleadings. The 30-page handbook targets to unchain the legal community from the mechanical application of gender stereotypical language, which is a welcome move on the part of the Hon’ble Supreme Court, and Hon’ble Chief Justice of India DY Chandrachud must be commended for contemplating such a significant move,” asserts Rajeswari.

She further explains, “Prohibiting the use of words like “hooker”, “prostitute” and substituting them with the preferred term like “sex worker” for judicial discourses is one such example mentioned in the handbook. Stereotypical words or phrases used often result in prejudice about the physical and emotional personalities of both sexes, resulting in pre-conclusions and errors in judgments as the language of the bench reflects not only their interpretation of the law but their perception of society as well.

Using unpleasant, harsh words is to be avoided in pleadings, during arguments, or by judges while deciding cases. The launch of the Supreme Court’s handbook marks a remarkable stride towards fostering a more inclusive and unbiased legal language, thereby contributing to a more equitable judicial system. Only when the handbook is properly utilised will it lead to a better dispensation of justice.”

A ray of hope for the LGBTQ community

Sandipan Kushary, an LGBTQ+ activist, says, “This is a stepping stone for a bigger change this country’s gender and sexual minorities are looking forward to. I believe that this handbook can become a lesson for the NCERT department to bring change in the educational system by explaining the very basic basis of sex, gender, and sexuality, which includes the whole spectrum of the LGBTQIA+ community, which will stop the discrimination from schools to universities and from corporate spaces to government spaces because a change in the judiciary system will affect our day-to-day lives.”

Anecdotally, we live in a world where changes have met with extreme scrutiny. The LGBTQ+ community has always been vocal about the judicious use of words. It begins with something as basic as asking for an individual’s pronouns. Raghu Verma, who identifies as a transwoman, shares an incident wherein she wasn’t treated fairly.

A newspaper misquoted her for editing the preferred pronoun. She says that transgender should be used as an adjective, not a noun. Do not say, “Tony is a transgender,” or “The parade included many transgenders.” Instead, say, “Tony is a transgender person,” or “The parade included many transgender people.”

In another instance, Banjara Hills-based Paromita Sarkar, whose preferred pronoun is ‘they’, is never addressed the way they want in society. They work at an MNC in the city, where people aren’t informed about gender-neutral language. Sarkar says, “It is very simple to understand how language works.

All my life, I fought for who I am, and when people fail to respect that, I feel traumatized. This handbook might be a ray of sunshine in our dark lives.” The LGBTQ+ community sees this step as the beginning of a big change. “Gender inclusivity is a fundamental aspect of social justice.

A much-needed initiative towards building an inclusive society. I would wait to see it implemented properly. It will really help to create a compassionate and equitable world that promotes peace and harmony. With this handbook, we are setting a positive example for our future generations. The younger individuals will become acceptable, open-minded, and respectful of diverse gender identities,” shares Devika Das, author and theater artist.

In essence, the handbook demands that we re-examine the language we use and combat gender stereotypes.