Gender biases in the courtroom

We are impressed by the Indian Supreme Court's initiative to release a glossary of "gender-unjust terms" so that the legal community avoids them when preparing pleas, orders, and judgements. The glossary also provides alternative terms that are gender-sensitive and in keeping with the times. Though quite late in coming, we welcome this change which aims to do away with gender stereotypes that often colour how women (and girls) are treated at court. At the same time, this move is one that courts in other countries, including Bangladesh, should follow.

It is hard to believe that even now, terms like "fallen woman", "harlot", "seductress" and "whore" still exist in legal parlance. The Indian handbook advises the use of the phrase "street sexual harassment" instead of the archaic and chauvinistic "eve-teasing", which, until recently, was very much in use in Bangladesh. The phrase "unwed mother" is to be changed to just "mother", and instead of "violated", the handbook suggests "sexually harassed, assaulted, or raped" to be used. The Indian chief justice has rightly observed that these predetermined gender stereotypes affect judicial decisions.

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The initiative gives us hope that it will be emulated by the Bangladeshi legal community resulting in a more gender-sensitive approach towards women and girls. Rights activists in our country have long been demanding gender sensitivity training for judges and lawyers who deal with cases of sexual violence. It is because of the lack of such training that often a victim of sexual violence, particularly rape, faces a gruelling ordeal of humiliation starting from the time she/he reports the crime to their medical examination to court proceedings. We are thus encouraged by the passing of "The Evidence (Amendment) Bill, 2022" that stipulates that in a prosecution for an offence of rape or attempted rape, the victim cannot be asked questions that refer to their character or previous sexual behaviour.

At the same time, we urge our Supreme Court to bring out its own glossary and ensure regular gender-sensitivity training for police, lawyers and judges. This will undoubtedly ensure a more objective approach to victims of sexual violence.