We all combat gender stereotypes on a daily basis. Be it as a woman, man or any other gender, dealing with gender stereotypes has been common for all of us. Society has made a rule book according to which every gender is supposed to perform. But who wrote these rules? Who defines what is right and wrong for a particular gender? No one has the answer.
Gender stereotypes are a setback in our bid to be a free individual in a democratic country. It not only defies democracy but also, at some level, enforces autocracy. But, no more now. To some extent, India's judiciary is standing against gender stereotypes. Through several rulings, it was conveyed that gender stereotypes are mere societal perceptions, not enforced by law. As we draw curtains to 2023, let's look at five judgements that challenged stereotypes this year.
Women Can Be Karta Of Families: Delhi HC
In December 2023, the Delhi High Court ruled that women can be the Karta of the Hindu Undivided Family. It said that neither the law nor the tradition prohibits a woman from managing or being the head of a family. It further said that "societal perceptions" cannot be the reason behind snatching away the rights bestowed upon women by law.
SC Rejects Judgement That Said 'Adolescent Girls Must Control Their Sexual Urges'
Earlier this year, Calcutta High Court had stated that every adolescent girl must control their sexual urges rather than giving in to two minutes of pleasure
In December, the Supreme Court stated that the Calcutta High Court orders “were highly objectionable and completely unwarranted”. It said that the judges are not expected to express their views on cases or preach. It added that the orders of Calcutta High Court violated the rights of adolescents under Article 21 of the Constitution, said Asian News International on 'X'.
Allahabad HC Rejects Bail To An Ojha Accused Of Rape
In December, Allahabad High Court refused to grant bail to an 'Ojha' who was accused of raping a 15-year-old girl under the pretext of performing religious customs. The court rightly said, "Considering the fact that the applicant is 'Ojha' and he under the pretext to provide treatment by religious way committed rape with the victim, who was aged about 15 years when she was alone with him in the room, in my view, the applicant is not entitled to be released on bail."
Women Can Be Prosecuted For Rape: Allahabad HC
In February, Allahabad High Court ruled that even though women cannot commit rape, they can be prosecuted for facilitating the gang-rape of a woman through a group of men. Moreover, in December, the Supreme Court has also taken up a case in hand through which it will examine the question if women can commit rape or not.
SC's Handbook On Gender Stereotypes
Delhi High Court in September said that words that are derogatory towards people or that reflect gender stereotypes should not be used in the pleading. It referred to the Handbook on Combating Gender Stereotypes released by the Supreme Court that should be used during the court proceedings. The handbook replaced terms that reflect gender stereotypes. It also rejected reasonings that are purely based on gender stereotypes. It also included some judgments by the Supreme Court that have rejected certain stereotypes so that judges can refer to them while giving out the final word.
As per the handbook, the word hooker or prostitute should be replaced by a sex worker, an unwed mother with a mother, a w
oman of loose morals / easy virtue / promiscuous woman / wanton woman/ where with a woman and so on.
There are still more judgements that have proved that India will not give in to social perceptions while providing justice. And it should be so. Justice should be based on facts not perceptions. Justice is the only way to get out of the vicious circle of gender stereotypes. And our law system must remain unaffected and unbiased.
Views expressed are the author's own.
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