Linguistic justice given to women will prove to be an important step towards ending gender discrimination

Supreme Court Chief Justice DY Chandrachud recently released a 30-page booklet ‘Handbook on: Combating Gender Stereotypes’ outlining 43 words to eliminate gender stereotyping in judicial decisions. In the booklet, the worn out words and abusive words that harm the dignity of women have been removed. This booklet contains the same words that were used in the arguments in the court or in the decisions written after that. This is the first time that the attention of a Chief Justice has been drawn to the harsh and derogatory words used against women that have infiltrated the language of the court. The handbook has been prepared by a committee headed by Calcutta High Court Justice Moushumi Bhattacharya.

In fact, in March this year, on the occasion of Women’s Day, the Chief Justice had said that work is on to remove words promoting gender discrimination, a guideline will be issued soon. At the launch of the handbook, the Chief Justice said, “It is not intended to cast doubt or criticize any judgment but to spread awareness about stereotyping, especially the words used against women.” The handbook will look into what is a stereotype.” The Supreme Court has said that those harsh or derogatory words should be replaced by their respectful substitutes. This handbook is for both advocates and judges.

There is no doubt that the language of our courts is indeed influenced by tribal and medieval rituals and thinking. The courts are also patriarchal, as most of the judges, lawyers and staff are men. The presence of women is minimal, but at the level of language, the same old sense of gender supremacy prevails. Be it the petition or the police, the charge sheet of the investigating agency or the arguments of the lawyers and the judgments of the judges, the language level has been extremely objectionable and contemptuous. For example, words such as prostitute, unmarried mother, promiscuity, abandoned woman, concubine etc. cannot belong to the language of the 21st century.

The language used for women in different sections of society and at workplaces is also sometimes not very respectful. Not that such words are used intentionally. In our unconscious mind, such words are used casually, but their meaning is serious and irreverent. We keep using such words from generation to generation. They themselves are not familiar with the words commonly used for women.

The basic unit of the society is the family, but there too everything is going on like this. In such a situation, the launch of this handbook by the Supreme Court to stop the derogatory words used for women may seem like a minor thing at a cursory glance, but if we look at its nuances, it strikes a deep blow at the conservative thinking. In common parlance, women are also at the center of insults. Big efforts are also needed to change this.

In fact, language expresses our consciousness, so it also clarifies mental thinking. Law is alive only through language. The words used in the courts have a great impact on our lives. The woman present in the dock and in the court is someone’s daughter, sister, daughter-in-law and wife, so why should she be stigmatized without any crime? The Chief Justice has taken this social, linguistic initiative, it should definitely be praised.

Now in the new world order and new India, the ‘earning’ and ‘bread-provider’ members of the family are not only men, but also women. However, they also provide sexual and domestic services. Nature has given them the boon of ‘motherhood’, so words and thinking should also be used at the level of civilized and equality. Since the police, investigative agencies are directly related to the court, the Chief Justice can also request the police department, home ministry and other concerned departments for the new terminology. We believe that more or less ‘linguistic change’ must be implemented in the entire system of the country. Only then can we talk of ‘gender equality’ and ‘gender dignity’ socially, practically and ideally. However, the new terminology has also been used in the same context that the woman should not be stigmatized or stigmatized in the full court. The booklet that has been issued should be taken into practice instead of preaching.

The Chief Justice says that these words are not appropriate and have been used by judges in the past. The purpose of the Handbook is not to criticize or question judgments, but to point out how stereotypes can be used unintentionally. After the launch of the handbook, gender stereotypical terms will no longer be used in Supreme Court judgments and arguments. Words like ‘street sexual harassment’, ‘sex worker’ and ‘guhini’ will now be used instead of words like molestation, prostitute or prostitute and housewife.

This booklet contains a list of offensive words and new words and phrases to be used in their place. These can be used in the court to argue, pass orders and make copies thereof. Why the words are wrong and how they can further distort the law is also explained. There is a great need for such initiatives to practically bring women towards equality.

At present it is a very limited initiative. Apart from women, some more words have been added, but research should be continued as to which other words can be made better and decent. The first challenge is whether the use of these better words in the courts will take effect immediately. What will be the instructions of the court for those who keep repeating old words in place of new words? Or can they be punished too? Crores of cases are pending or pending in the judiciary. What would be the grounds and rules for changing their language?

This will also become an example for all those institutions, who use objectionable words without thinking. Its effect will be visible on the intellectual society and the society below it. However, despite the high level of education, our society’s outlook towards women is narrow. With the intention of humiliating them, many such words have been coined in folk and scriptural language, which can also be called abuses. Releasing this handbook, Chief Justice Chandrachud said that the purpose of preparing this handbook is not to criticize or doubt any decision, but to tell how and what kind of stereotypes continue unknowingly. And no one is able to pay attention to it very quickly.

Surely this list of words will be short now, but gradually it will get longer and women will be able to get rid of those abusive words which are still used very easily against them in homes, offices, streets and markets. This effort of the Supreme Court has been made especially in view of respect of women, their dignity and equality. The Chief Justice deserves congratulations and thanks for this kind and noble initiative.

-Dr. Ashish Vashisht

(The author is a freelance journalist)