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.

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

• 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.

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