What is gender stereotyping as per Indian law?

 Gender stereotyping refers to the practice of assigning certain characteristics, roles, and behaviors to individuals based on their gender. In the context of Indian law, gender stereotyping is considered a form of discrimination and is prohibited under various statutes, including the Constitution of India and specific anti-discrimination laws such as the Protection of Women from Domestic Violence Act, 2005, and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Under Indian law, gender stereotyping can take various forms, such as:

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Handbook on gender stereotypes- Supreme Court of India

Supreme Court has prepared a "Handbook on combating Gender Stereotypes", in order to identify and remove the use of words and phrases, which are loaded with gender stereotypes, in judgments and court language.

"This is to assist judges and the legal community to identify, understand, and combat stereotypes about women in legal discourse. It contains a glossary of gender unjust terms and suggests alternative words and phrases which may be used while drafting pleadings as well as orders and judgements. It is for lawyers as well as judges", CJI said.

"The handbook identifies common stereotypes by women, many of which have been utilised by courts in the past and demonstrates why they're inaccurate and how they may distort the application of law. The intention is not to criticize or cast doubts on judgements but merely to show how stereotypes may unwittingly employed. To raise awareness against the utilisation of harmful stereotypes, particularly those against women, the handbook aims to explain what stereotypes are", CJI added.

"It helps judges identify and avoid such stereotypes by first- identifying language which promotes gender stereotypes and offering alternative words and phrases; two, identifying common reasoning patterns based on gender stereotypes particularly about women. And three, highlighting binding judgements of Supreme Court which have rejected these stereotypes", CJI explained.

 https://drive.google.com/file/d/1XC4CmwKp1BrpRXG6Qo3cbucLJvQKz2-3/view?usp=sharing

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