Exploring Strategies to Challenge Gender Stereotypes: A Comprehensive Handbook Overview

I am pretty sure that we all must have heard in our childhood that PINK colour is meant for girls and BLUE colour for boys. Similarly, Dolls are meant for girls and Cars for boys; these are certain sets of examples of gender stereotypes that exist in society.

In a significant move towards gender sensitization in society; the Supreme Court released a handbook on Combating Gender Stereotypes on 16.08.2023.

UNDERSTANDING GENDER STEREOTYPES

Gender stereotype is a generalised view or preconception about attributes, or characteristics that are or ought to be possessed by women and men or the roles that are or should be performed by men and women; wherein Gender Stereotyping is the practice of ascribing to an individual woman or man's specific roles by reason only of her or his membership in the social group of women or men.

The Supreme Court of India on the death anniversary of the Tenth Prime Minister of India: Atal Bihari Vajpayee, released the handbook which dealt with a detailed analysis of tips for Combating Gender Stereotypes where it deals with the kinds of stereotypes faced by Women.

The handbook has been meticulously divided into 3 parts that deal with: -

• Identifying language that promotes gender stereotypes.
• Identifies the reasoning pattern behind such stereotypes and suggests logical reasons as to how are they inaccurate.
• Highlights the precedents wherein inadvertently such stereotypes have been used in the Judicial sphere.

ABOUT THE HANDBOOK

This Handbook begins with a Foreword by the Chief Justice of India, D.Y. Chandrachud. Here, he has emphasised the use of Language and has made an effort to make it Gender Neutral since: -

Language is what reflects one's perception of society, and it even expresses the values and intentions of the lawmakers and judges. The language which is used by Legal Professionals can also reveal biases and prejudices on which their belief system is based, especially when they rely on such stereotypes about certain groups of people.? Such stereotypes can harm the application of the law and undermine the constitutional principles of equality and dignity.

Further, the handbook has a glossary of terms which set to replace rhetorics in usage by legal professionals. For instance, The word “AFFAIR” has now been replaced with “Relationship outside marriage”, “HOOKER” will now be called a “ SEX WORKER”, the commonly used term “HOUSEWIFE” will now be replaced with the term “Homemaker”, “TRANSSEXUAL” will now be known as replaced with “TRANSGENDER”. These are some of the examples from the glossary that show the Apex Court's effort to make the Justice Delivery system gender-neutral in nature.

Moving Ahead, this handbook goes on to explain how gender stereotypes still exist and their harmful impact; it states that the reasons for their existence are:-

?Societal Norms and Historical Practices:

Many societies have ingrained traditional gender roles that have been passed down through generations. These roles often prescribe specific behaviours, responsibilities, and expectations for individuals based on their gender.

?Patriarchy:

Patriarchy is a social system where men hold more power and privilege than women. It's a major driver of gender stereotypes, as it reinforces the idea that certain traits, behaviours, and roles are inherently male or female.

?Media Influence:

The media, including television, movies, and advertisements, often portrays exaggerated and one-dimensional depictions of gender roles.

?Economic Factors:

?If one gender is systematically disadvantaged in terms of education, employment opportunities, and income, it can reinforce stereotypes about their capabilities and roles.

?IMPACT

It impacts a person's overall well-being in a detrimental manner such as:-

• Limited Opportunities: Gender stereotypes can restrict opportunities for women in various fields, such as education, employment, and leadership roles.
• Family Dynamics: The expectations of family members can at times restrict the roles individuals are allowed to take on, potentially limiting their autonomy and decision-making power. For instance, stereotypical expectations of women as primary caregivers can limit their opportunities outside the home and men are meant to look after finances.
• Educational Achievement: Stereotypes can influence the subjects and fields that individuals are encouraged to pursue in education. This can lead to fewer women entering the science, technology, engineering, and mathematics (STEM) fields, owing to this. In the case of airline pilots, only 3% of the world's pilots are women.
• Economic Disparities: Gender stereotypes often result in unequal pay and disparities in the workforce.

Further, a beautiful distinction has been drawn between Sex and Gender, which are often misconceived as synonyms for each other; wherein SEX only refers to the biological attributes of an individual whereas Gender is a SOCIAL CONSTRUCT and deals with Norms, Behaviour and Roles associated with a particular gender identity.

?

Further, a series of stereotypes have been mentioned and are divided on the basis of three kinds:

?The first kind deals with the inherent characteristics of women.        

?These assumptions extend to their emotional, physical, and cognitive capabilities. Here, a list of Stereotypes was mentioned along with a logical reasoning staging how they are unfit for the application.

The second kind of classification is based upon the gender roles assigned by the society.        

Society ascribes specific roles to specific genders, most often seen in the context of men and women. These gender roles are products of social construction and social understanding.

For instance, In the Bollywood movie Ki and Ka, the concept of the House husband was showcased and the backlash he has to witness since he was a male who was performing household chores. For example, men are often believed to be more suited to care for their families.

A contention was also mentioned which questioned the need to refute such stereotypes where in some cases they are correct but even where the facts in a case may support a stereotype, the case requires careful examination.

The third kind of division of stereotype concerns SEX and SEXUAL VIOLENCE        

Assumptions are often made about a woman's character based on her expressive chances, the clothes she wears and her sexual history. These assumptions may also impact how her actions and statements are assessed in judicial proceedings. Here, the idea of NO MEANS NO has been emphasized with respect to her consent.

PRECEDENTS AND GENDER EQUALITY

The Supreme Court with an aim to spread the idea of gender equality and de-testify certain gender stereotypes has passed certain judgments. These landmark judgments range from Joseph Shine vs. Union of India where adultery was decriminalized to the State of Himachal Pradesh vs. Gian Chand where delay in lodging the FIR cannot be used as a ritualistic formula for doubting the prosecution case.

CONCLUSION

It has been beautifully acknowledged that the handbook primarily focused on gender stereotypes concerning women and that it is important to realize that stereotypes impact individuals from across the gender spectrum.

The intention is not to criticize or cast doubts on judgements but merely to show how stereotypes may unwittingly be employed. Supreme Court’s Handbook on Combating Gender Stereotypes is an eye-opener and a must-read for everyone.

This article presents the insights of DIVYANSHI GANGWANI , a second year law student at VIPS, IP University, New Delhi. The author's perspectives and opinions are entirely based on their personal viewpoint.