69th BPSC mains 2023 (general studies 1 )Q4: Answer the following questions: (a) Explain the concern of the Supreme Court of India on combating gender stereotypes.

Q4: Answer the following questions:

(a) Explain the concern of the Supreme Court of India on combating gender stereotypes.

The Supreme Court of India has played a crucial role in addressing and combating gender stereotypes, which are deeply entrenched societal beliefs that perpetuate discrimination and inequality. These stereotypes often result in the marginalization and subjugation of women and other gender minorities. The Court’s concern over these issues is rooted in its commitment to upholding constitutional values such as equality, non-discrimination, and dignity for all citizens. Here are some key areas where the Supreme Court has expressed concern and taken action to combat gender stereotypes:

1. Gender Stereotyping in Legal Interpretation

The Supreme Court has recognized the detrimental impact of gender stereotypes in legal interpretation and decision-making. It has emphasized the need to interpret laws in a manner that promotes gender equality and challenges traditional gender roles. This approach is evident in several landmark judgments:

• Vishakha v. State of Rajasthan (1997): The Supreme Court laid down guidelines to prevent sexual harassment at the workplace, recognizing that workplace safety is integral to gender equality. The Court’s guidelines acknowledged the need to create a non-discriminatory environment that respects the dignity of women.
• Navtej Singh Johar v. Union of India (2018): In decriminalizing consensual homosexual acts between adults, the Court rejected stereotypes about sexual orientation and affirmed the right to equality and non-discrimination for LGBTQ+ individuals.

2. Challenging Patriarchal Norms

The Supreme Court has taken a firm stand against patriarchal norms that restrict women’s rights and freedoms. By challenging these norms, the Court has sought to dismantle structures that perpetuate gender inequality:

• Indian Young Lawyers Association v. State of Kerala (2018): In the Sabarimala temple case, the Court struck down the ban on women of menstruating age entering the temple, ruling that such restrictions were based on discriminatory practices rooted in patriarchy.
• Joseph Shine v. Union of India (2018): The Supreme Court decriminalized adultery, stating that the law was archaic and perpetuated the stereotype of women as property of their husbands.

3. Advocating for Women’s Autonomy and Decision-Making

The Supreme Court has consistently upheld women’s autonomy and decision-making power, recognizing their right to make choices about their own lives free from societal or familial pressures:

• Suchita Srivastava v. Chandigarh Administration (2009): The Court upheld the reproductive rights of women, stating that a woman’s right to make reproductive choices is a dimension of personal liberty as guaranteed under Article 21 of the Constitution.
• Shakti Vahini v. Union of India (2018): The Court issued guidelines to curb honor killings, reinforcing the right of women to choose their partners and live free from violence and coercion.

4. Promoting Gender Sensitivity in Judicial Conduct

The Supreme Court has underscored the importance of gender sensitivity within the judiciary itself. It has called for judges and legal practitioners to be aware of and actively combat gender biases in their conduct and judgments:

• Judicial Training: The Court has advocated for gender sensitization training for judges and court staff to ensure that the judicial system is free from gender biases and stereotypes.
• Guidelines and Directives: In various judgments, the Supreme Court has issued guidelines aimed at promoting gender sensitivity in the handling of cases involving gender-based violence and discrimination.

5. Addressing Workplace Gender Discrimination

The Supreme Court has addressed gender discrimination in the workplace, advocating for equal opportunities and a safe working environment for women:

• Air India v. Nergesh Meerza (1981): The Court struck down discriminatory service conditions for air hostesses that were based on gender stereotypes, promoting equality in employment.
• Vineeta Sharma v. Rakesh Sharma (2020): The Court ruled that daughters have equal coparcenary rights in Hindu Undivided Families, challenging traditional gender roles in inheritance and property rights.

Conclusion

The Supreme Court of India’s concern on combating gender stereotypes is reflected in its progressive judgments and guidelines aimed at promoting gender equality and justice. By challenging patriarchal norms, advocating for women’s autonomy, ensuring gender-sensitive judicial conduct, and addressing workplace discrimination, the Court has made significant strides in dismantling gender stereotypes and fostering an environment of equality and non-discrimination. Through its proactive stance, the Supreme Court continues to play a pivotal role in the ongoing struggle against gender-based prejudices and in promoting a more just and equitable society.