Gender sensitisation and the courtroom: Steps taken, but miles to go

The Supreme Court of India has taken many steps to ensure a more equitable gender regime in the judiciary. While it must be commended for these positive steps, much more needs to be done, writes Mahalakshmi Pavani.

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"Gender equality includes protection from sexual harassment and the right to work with dignity, which is a universally recognized basic human right," held Vishakha versus State of Rajasthan.

The pursuit of equality extends beyond the contours of law and the courtroom. This imperative is not exempt from the hallowed halls of the Supreme Court of India, where the principles of justice and equality permeate the very fabric of the courtroom.

Consequently, the tryst for social, economic and legislative equality is more than cerebral, it trickles down to the very core of people's socialisation.

The common perception that the Vishakha judgment brought monumental changes regarding the safety of women in our country is wholly misconceived.

However, the cataclysmic changes were only propelled by the plight of a young woman having been brutally raped and shrouded in the repercussions of a gory gang rape.

It was only then that there came about a complete overhaul of all laws pertaining to children, women and juveniles. It took India 16 long years to enact substantial amendments and bring about an Act for the safety of women in the workplace. A realisation had dawned upon parliamentarians that women were not safe in the country.

The corridors of justice at the Supreme Court echo not only with legal deliberations but also a commitment to creating a workplace that embodies the principles of justice, equality and inclusivity.

Gender sensitisation at the Supreme Court

This commitment has been brought to light by the exemplary role played by the Supreme Court Gender Sensitisation and Internal Complaints Committee (GSICC) and the classic benchmark it has set up by continuously working and striving hard towards creating an atmosphere promoting equality, non-discrimination, gender sensitivity and gender inclusivity.

Also read: The Devil's Dictionary of Gender and Law

It works to promote and facilitate measures to create a healthy and comfortable work environment that is respectful and supportive of all genders and identities, and completely free of sexual harassment.

In 2013, the Parliament passed the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Subsequently, the Supreme Court framed Gender Sensitisation and Sexual Harassment of Women at Supreme Court (Prevention, Prohibition and Redressal) Regulations in 2013 followed by Gender Sensitisation and Sexual Harassment of Women at Supreme Court (Prevention, Prohibition and Redressal) Guidelines, 2015 for protection of women against sexual harassment in the Supreme Court.

Under Clause 4(2) of the Gender Sensitisation and Sexual Harassment of Women at the Supreme Court of India (Prevention, Prohibition and Redressal) Regulations, 2013, the then Chief Justice of India (CJI), P. Sathasivam, constituted a Gender Sensitisation and Internal Complaints Committee (GSICC).

The GSICC was supposed to have 7–13 members including: (i) One or two judges of the Supreme Court, and (ii) up to two outside members (having experience in social justice, women empowerment, gender justice etc.) to be nominated by the CJI. The regulations required the majority of the members of GSICC to be women.

By general definition, the term 'gender sensitisation' refers to the process of raising awareness, understanding and sensitivity about gender-related issues, roles and inequalities.

It aims to promote equality, challenge all types of stereotypes and create an inclusive, equitable and respectful environment for all genders.

Unfortunately, in many societies, gender biases and stereotypes have been tightly woven into the very fabric, so much so that the bigoted mindset of people manifests in incidents of discrimination, reinforcing unequal opportunities, and harassment and violence towards women and trans-persons who identify themselves as women on account of steadfast resistance by them against unsolicited overtures.

Also read: A centenary of women practising law in India, but gender equality is still a distant goal

Hence, gender sensitisation seeks to address these prominent issues by:

• Challenging the stereotypes
• Promoting equal opportunities
• Preventing discrimination and harassment
• Encouraging inclusive

Language

Language plays a crucial role in reinforcing stereotypes. Gender sensitisation promotes the use of inclusive language that respects and acknowledges all genders.

It is pertinent to mention here that in August this year, a handbook on gender sensitive glossary on behalf of the Supreme Court was launched by the CJI Dr D.Y. Chandrachud, which in itself has served as a useful judicial torchlight for the new and upcoming generation of young judges at the district and magistrate level.

If we go through the handbook, it is a well-woven set of judicially and socially acceptable norms that courts should be wary of while remarking orally or while writing in judgments, being mindful of not using stigmatised or colloquial terms that would be patriarchal and misogynistic in order to completely eradicate gender insensitivity.

It is the astute judicial craftsmanship of the CJI, reflecting his keen and probing sense of social understanding. This handbook is an effective attempt to extricate all forms of expressions full of misogyny, patriarchy and social stigma; hence it also acts as a guide on the language we must employ to describe and infer the experiences of (sexually) assaulted women or victims of non-sexual forms of violence.

Moreover, several additional objectives achieved by gender sensitisation include:

• Fostering empathy and understanding: It encourages individuals to empathise with the experiences and challenges faced by people of different genders.
• Addressing intersectionality: Gender sensitisation recognises that gender intersects with other aspects of identity, such as race, class and sexuality, leading to unique experiences and inequalities.

Also read: A new report highlights judicial responses to rising cases of online gender-based violence

• Promoting consent and respect: Gender sensitisation teaches the importance of consent, respect and healthy relationships leading to the creation of a safe space. It helps combat harmful attitudes and behaviours that contribute to gender-based violence.

It must be appreciated that Dr Sukhda Pritam, who is presently member secretary of GSICC under the aegis of Justices Hima Kohli and B.V. Nagarathna, has taken commendable steps towards gender sensitisation through various programmes and workshops conducted from time to time.

These initiatives are designed to sensitise judges, lawyers and court staff about the nuances of gender-related matters, ensuring a more informed and empathetic approach in their professional roles. Workshops often address topics such as unconscious bias, gender-based violence and the importance of diversity on the bench.

Suggestions

Currently, there is a burning need to make people aware, propagate and consciously spread the idea of gender sensitisation which can be promoted through various means such as training programmes to be conducted regularly at schools, colleges and workplaces.

We can also attempt to integrate gender sensitisation as a subject as part of the academic curriculum at both school and college levels, and regular interactive workshops and seminars can be held at schools and colleges to educate the young generation about gender sensitisation.

Here, I suggest that every new member inducted into the Supreme Court Bar Association (SCBA) and the high court bar associations (HCBAs) must within a year of enrolment in the respective association mandatorily take up and participate in these workshops which can be conducted by seasoned practising senior lawyers who can give lectures and seminars for appropriate behaviour in cramped places such as a courtroom and impact the norms of social interaction amongst peers.

Also read: Indira Jaising writes to the CJI on subtleties of gender stereotyping, suggests combat measures

Another concern that I would like to flag with the CJI is that gender-neutral washrooms are a path-changing step, one has to then ponder over whether the contours of who can be a complainant in workplaces that have common or gender-neutral toilets need to be scanned on the administrative side. The definition of complainant needs a relook.

Conclusion

Renowned British Actress Emma Watson, also appointed as UN Women Goodwill Ambassador in July 2014, in her UN Speech campaigning for the launch of 'HeForShe' Movement on September 21, 2014 aptly mentions:

"Both men and women should feel free to be sensitive. Both men and women should feel free to be strong. It is time that we all perceive gender on a spectrum not as two opposing sets of ideas.

"If we stop defining each other by what we are not and start defining ourselves by who we are, we can all be freer, and this is what HeForShe is about. It is about freedom.

"I want men to take up this mantle so that their daughters, sisters and mothers can be free from prejudice, but also so that their sons have permission to be vulnerable and human too, reclaim those parts of themselves they abandoned and in doing so be a more true and complete version of themselves."

The Supreme Court GSICC is a testament to the judiciary's commitment to justice, equality and a workplace free from discrimination.

It has traversed a remarkable path, leaving an indelible mark on the landscape of workplace dynamics within the Indian judiciary. It has become an integral force in shaping the ethos of the Indian judiciary fostering inclusivity and respect.

As it continues its journey existing as a cornerstone in the ongoing pursuit of justice, equality and cultural transformation, it promises to remain a dynamic and evolving institution, exemplifying the pursuit of a more inclusive and equitable legal landscape.

One can hope that as these initiatives evolve, the committee contributes not only to the well-being of court employees but also to the credibility and integrity of the justice system, reinforcing the Supreme Court's pivotal role in shaping a just and egalitarian society.