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Gender Sensitivity In Judiciary: Law, Society & Gender Justice

IAS Current Affairs

Gender Sensitivity In Judiciary: Law, Society and Gender Justice

Source: Indian Express
Essay, GS I: Society-Women, Social Empowerment, GS II: Polity and Governance- Judiciary, GS IV: Ethics

Overview

  • The Supreme Court’s new gender-sensitivity guidelines seek to make judicial proceedings more respectful, survivor-centric and free from gender stereotypes.
  • The issue highlights how social norms and patriarchal attitudes can influence the interpretation and experience of law.
  • Landmark cases such as Shah Bano, Bhanwari Devi, Mathura, Lata Singh and Shakti Vahini show the evolving role of law and the judiciary in protecting women’s rights and autonomy.
  • The broader focus is on gender justice, constitutional morality, intersectionality, dignity and bodily autonomy.

Why in the News?

Recently the Supreme Court has released new gender-sensitivity guidelines for trial court judges, aimed at promoting gender-sensitive language, survivor-centric practices and greater compassion in judicial proceedings.

News in Brief
  • The guidelines were prepared by an expert committee headed by former Supreme Court judge Justice Aniruddha Bose.
  • The guidelines recommend replacing gendered expressions such as “helpless woman” and “female” with terms such as “survivor” and “complainant”.
  • They seek to eliminate victim-blaming, encourage witness/victim protection, pre-trial counselling and in-camera trials.
  • Cases such as Shah Bano, Bhanwari Devi, Mathura, Lata Singh, Shakti Vahini and Tarun Tejpal illustrate the interaction between law, social norms and women’s autonomy.
Key Highlights

Law and Society

  • Law does not function separately from society.
  • Social structures such as patriarchy, caste, class, religion and family can influence how legal rights are understood and experienced.
  • Therefore, legal reform alone may not be enough to address gender inequality if discriminatory social attitudes continue.
  • Law can serve as an instrument of social change, and needs to be accompanied by changes in social attitudes and institutions.

Gender-sensitive Judicial Language

  • The new guidelines seek to make judicial proceedings more sensitive to the experiences of women and survivors.
  • They encourage gender-sensitive language, survivor-centric procedures and an approach that avoids victim-blaming.
  • They also emphasise dignity, privacy and bodily autonomy.
  • The issue goes beyond the choice of words, as judicial language can shape how concepts such as consent, credibility, agency and victimhood are understood.

Law as a Social Experience

  • The Shah Bano case illustrates the intersection of law, religion, politics and women’s rights.
  • In Shah Bano v. Mohd. Ahmed Khan (1985), the Supreme Court recognised her right to seek maintenance under the CrPC.
  • The judgment led to political debate and was followed by the enactment of the Muslim Women (Protection of Rights on Divorce) Act, 1986.
  • Later, in Danial Latifi v. Union of India (2001), the Supreme Court interpreted the law to ensure that a divorced Muslim woman receives a fair and reasonable provision for her future.

Intersectionality

  • Women’s experiences of the legal system are shaped not only by gender but also by factors such as caste, class, religion and social status.
  • The Bhanwari Devi case demonstrates how these factors can overlap.
  • Bhanwari Devi faced sexual violence after attempting to prevent a child marriage in Rajasthan, bringing attention to the role of caste and gender discrimination in access to justice.
  • The case also contributed to the broader developments that led to the Vishaka Guidelines on workplace sexual harassment.

Patriarchal Assumptions and the “Perfect Victim”

  • Traditional ideas of femininity often associate women with modesty, chastity, honour, sexual purity and obedience.
  • Such expectations can influence perceptions of a survivor’s credibility and behaviour.
  • The Mathura rape case raised concerns about assumptions surrounding consent and resistance, while the Bhanwari Devi case highlighted the impact of caste and gender prejudices.
  • The Tarun Tejpal case further underlined that survivors may respond differently to trauma and should not be judged against a fixed image of an “ideal victim”.
  • Courts therefore need to assess evidence and circumstances rather than rely on gender stereotypes.

Social Morality vs Constitutional Morality

  • Social morality is shaped by family expectations, community practices, cultural traditions and established gender roles.
  • Constitutional morality, on the other hand, is rooted in equality, dignity, liberty, autonomy and fundamental rights.
  • The two may come into conflict when social practices restrict individual freedoms.
  • In Lata Singh v. State of Uttar Pradesh (2006), the Supreme Court affirmed an adult woman’s freedom to choose her marriage partner.
  • In Shakti Vahini v. Union of India (2018), it directed measures against honour crimes and interference with the choice of consenting adults to marry.

Women’s Reproductive Autonomy

  • Women’s empowerment also involves the ability to make independent decisions about reproduction and contraception.
  • The continuing concentration of family-planning responsibilities on women raises questions about reproductive agency and equality within households.
  • Reproductive autonomy is therefore closely linked to bodily autonomy, dignity and substantive equality.

Constitutional Provisions

  • Article 14 – Equality before law
  • Article 15(1) – Prohibition of discrimination
  • Article 15(3) – Special provisions for women and children
  • Article 16 – Equality of opportunity
  • Article 21 – Life and personal liberty; dignity and autonomy
  • Article 39(a) – Adequate means of livelihood for men and women
  • Article 39(d) – Equal pay for equal work
  • Article 42 – Just and humane conditions of work and maternity relief
  • Article 51A(e) – Renounce practices derogatory to the dignity of women
Conclusion

Gender justice requires more than legal provisions; it also requires changes in the social attitudes and institutional practices that shape their implementation.

Gender-sensitive judicial practices, constitutional morality and recognition of women’s dignity and autonomy can help ensure that the law becomes a tool for achieving substantive equality rather than reinforcing existing social stereotypes.

UPSC Prelims and Mains Practice Question

With reference to gender sensitivity in the judicial system, consider the following statements:

  1. Article 15(3) of the Constitution permits the State to make special provisions for women and children.
  2. The Vishaka judgment laid down guidelines to address sexual harassment of women at the workplace.
  3. The Supreme Court in Shakti Vahini v. Union of India recognised that community or family bodies can restrict the marriage choices of consenting adults in the interest of social morality.

Which of the statements given above is/are correct?

A. 1 and 2 only
B. 2 and 3 only
C. 1 and 3 only
D. 1, 2 and 3

Answer: A. 1 and 2 only

Mains Practice Question

Q. Gender-sensitive judicial language  is necessary but not sufficient for achieving gender justice. Examine the role of law, judiciary, and social institutions in dismantling patriarchal assumptions about women.(150 words)

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