Supreme Court Handbook replaces 'prostitute' with 'sex worker' in legal documents

This document is a Handbook on Combating Gender Stereotypes issued by the Supreme Court of India to guide judges and the legal community in identifying and avoiding harmful gender stereotypes, particularly regarding women, in judicial decision-making and writing. It matters to citizens as it aims to ensure that legal reasoning and court orders are free from prejudicial notions and uphold the constitutional principle of equal protection.

Who it concerns: Judges, the legal community (lawyers, researchers), and the general public affected by judicial discourse and legal outcomes regarding gender equality.

What the document says

• The Handbook provides a glossary of 'stereotype promoting language' (incorrect terms) and suggests 'alternative language' (preferred terms) for use in pleadings, orders, and judgments.
• It identifies common reasoning patterns based on gender stereotypes, explains why they are incorrect, and highlights binding Supreme Court decisions that have rejected such stereotypes.
• The document emphasizes that reliance on stereotypes contravenes the duty of judges to decide cases on merits, independently, and impartially, and can distort the application of the law.
• Specific linguistic changes are recommended, such as replacing 'pauper' with 'indigent', 'prostitute' with 'sex worker', 'bastard' with 'non-marital child', and 'eve teasing' with 'street sexual harassment'.
• The Handbook was conceptualized during the COVID-19 pandemic as part of the knowledge component of the e-Committee of the Supreme Court of India.

Also in the document

• The Foreword is signed by Dr. Justice Dhananjaya Y Chandrachud, Chief Justice of India.
• The document notes that the Code of Civil Procedure, 1908 was previously amended to replace the word 'pauper' with 'indigent' to recognize the dignity of persons without financial means.
• A clarification was added on 22 August 2023 regarding the use of the term 'prostitute', stating it should be replaced with 'sex worker' unless required in the context of The Immoral Traffic (Prevention) Act, 1956 or other legislation.
• The Handbook acknowledges that individuals affected by sexual violence may identify as either 'survivor' or 'victim', and both terms are applicable unless the individual expresses a preference.