Supreme Court of India Releases Handbook to Combat Gender Stereotypes in Judicial Decision-Making

The Supreme Court of India has taken a historic step towards fostering a gender-just legal order by releasing the Handbook on Combating Gender Stereotypes . The handbook, unveiled under the stewardship of Chief Justice of India Dr. Dhananjaya Y Chandrachud, is designed to assist judges and the legal community in identifying, understanding, and eschewing harmful stereotypes about women in judicial reasoning and writing.

'Combating Stereotypes, One Word at a Time'

The handbook comes at a time when the judiciary is increasingly called upon to reflect the transformative ideals of the Constitution. In his foreword, Chief Justice Chandrachud emphasized that a judge's oath demands impartiality and objectivity , and that relying on predetermined stereotypes contravenes this constitutional duty . "Even when the use of stereotypes does not alter the outcome of a case, stereotypical language may reinforce ideas contrary to our constitutional ethos ," he wrote, stressing the critical role of language in shaping justice.

A Linguistic Reckoning: From 'Pauper' to 'Indigent'

The handbook draws upon the amendment of the Code of Civil Procedure, 1908 , which replaced the demeaning word 'pauper' with 'indigent' — a change that recognised the humanity of those without financial means. This serves as a precedent for why judicial language matters. The handbook offers a glossary of stereotype-promoting terms and their preferred alternatives. Words like 'adulteress', 'chaste woman', 'career woman', 'hooker', and 'prostitute' are flagged, with simple alternatives such as 'woman' or 'sex worker' recommended. It also cautions against phrases like ' eve teasing ' (suggesting 'street sexual harassment') and ' forcible rape ' (simply 'rape').

Beyond Words: Pervasive Stereotypes in Reasoning

The handbook goes beyond vocabulary, examining the deeper cognitive biases that plague judicial reasoning. It identifies three categories of gender stereotypes : those based on supposedly inherent characteristics, those rooted in gender roles, and those concerning sex and sexual violence. For instance, it dismantles the myth that women are "overly emotional" or that a woman's clothing or alcohol consumption implies sexual consent . It also takes on the pernicious belief that women frequently fabricate rape allegations , which has historically led courts to treat survivor testimony with unjustified suspicion.

Landmark Precedents Reinforced

The handbook consolidates binding Supreme Court rulings that reject these harmful assumptions. It cites State of Punjab v. Gurmit Singh ( 1996 ) to affirm that a survivor-victim's testimony is inherently credible and should not be treated with doubt. It references State of Jharkhand v. Shailendra Kumar Rai ( 2022 ) to reiterate the ban on the " two-finger test " and underscore the irrelevance of a woman's sexual history. The handbook also highlights Joseph Shine v. Union of India ( 2018 ), where the Court struck down the adultery law as a " codified rule of patriarchy ."

The Road Ahead: A Living Document

While the handbook is a pioneering initiative, it is not the final word. A subsequent expert committee report, Judgments and Gender ( 2026 ), has already built upon its foundations, offering more practical courtroom guidelines for sexual offence cases. Together, these documents represent a concerted effort by the judiciary to purge antiquated ideas and ensure that every individual—regardless of gender—receives equal justice with dignity.

As Chief Justice Chandrachud noted, "Words are the vehicle through which the values of the law are communicated." With this handbook, the Supreme Court has taken a decisive step to ensure those vehicles carry the constitutional ethos of equality, not the baggage of stereotype.