6 days ago

Gender-Sensitive Courts Face India’s Deeper Social Barriers

Gender-Sensitive Courts Face India’s Deeper Social Barriers
How the relationship between law and society shapes assumptions about femininity · indianexpress.com

India’s Supreme Court has suggested ways for judges to speak and act more respectfully toward women who seek justice.

The guidelines say that women should be called survivors or complainants instead of being described with insulting or blaming words.

Judges are also encouraged to protect victims and witnesses and provide private hearings and counselling.

However, the article says that better words alone cannot fix unfair treatment.

Courts operate inside a society where families, communities, caste and religion can influence how women are treated.

Some past cases show that courts have wrongly expected victims to behave in a particular way.

Other cases show courts protecting women’s choices about marriage and financial support.

Real change will depend on putting the new guidelines into practice and challenging deeper patriarchal beliefs.

Key facts

Guidelines report
Drafted by an expert committee headed by former Supreme Court judge Justice Aniruddha Bose.
Judgments analysed
The glossary was prepared after analysing 125 trial court judgments.
Recommended language
The report suggests using “survivor” or “complainant” instead of “helpless woman” or “female.”
Courtroom measures
Recommendations include victim and witness protection, pre-trial counselling and in-camera trials.
Shah Bano ruling
In 1985, the Supreme Court upheld Shah Bano’s maintenance claim under the Code of Criminal Procedure.
Related legislation
The Muslim Women (Protection on Divorce) Act, 1986 limited maintenance to the iddat period before later reinterpretation.
Constitutional autonomy
Lata Singh (2006) and Shakti Vahini (2018) affirmed the marriage choices of consenting adults.

Sources

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