Significance of Supreme Court Guidelines on Gender Stereotypes

Significance of Supreme Court Guidelines on Gender Stereotypes

The Supreme Court recently set aside the “rakhi-for-bail” order of the Madhya Pradesh High Court. Further, the SC also issued guidelines to be followed by Courts while dealing with sexual assault cases.

What is Gender Stereotypes

Gender stereotype is a generalized view or preconception about attributes or characteristics, or the roles that are or ought to be possessed by, or performed by, women and men.

A gender stereotype is harmful when it limits women’s and men’s capacity to develop their personal abilities, pursue their professional careers and/or make choices about their lives.

Gender stereotypes compounded and intersecting with other stereotypes have a disproportionate negative impact on certain groups of women, such as women from minority or indigenous groups, women with disabilities, women from lower caste groups or with lower economic status, migrant women, etc.

Gender Stereotypes in India

In India, discriminatory attitudes towards either sex have existed for generations and affect the lives of both sexes.

Although the constitution of India grants men and women equal rights, gender disparities remain.

Research shows gender discrimination mostly in favor of men in many realms including the workplace.

Level of gender stereotypes in India

The SC observed certain important observations about gender stereotypes in India. Such as,

1. Gender violence in India is often covered by the culture of silence.
2. The court also observed that there is an unequal power equation between men and women. This includes cultural and social norms, financial dependence, and poverty
3.  The actual data of cases may not reflect the actual incidence of violence against women.

Supreme Courts Guidelines to dealing with Sexual Assault Cases

Recently the Supreme Court issued seven guidelines to deals with Sexual Assault Cases which are these guidelines are

1. Condition for Bail should not require or permit contact between the accused and the victim.
2. Protection should be provided to the victim in case of any potential threat of harassment.
3. The complainant should be provided Information of bail to the accused immediately. Copy of the bail order made should be delivered to him/her within two days.
4. Bail conditions and orders should avoid reflecting stereotypical or patriarchal notions about women and their place in society.
5. The courts while adjudicating cases involving gender-related crimes, should not suggest or encourage compromises between the victim and the accused to get married or mandate mediation.
6. Sensitivity should be displayed at all times by judges. They should ensure that there is no traumatization of the victim during the proceedings.
7. Judges especially should not use any words, spoken or written, that would undermine or shake the confidence of the survivor in the fairness or impartiality of the court.