The Gendered Gavel: Gender Stereotypes And Evolving Judicial Contours Of Indian Justice
- IJLLR Journal
- Jun 8
- 2 min read
Ashok Amitab Meher, LLM, Madhusudan Law University, Cuttack
Subhasmita Pattanaik, LLM, Madhusudan Law University, Cuttack
ABSTRACT
Patriarchal, cultural, caste and gendered norms often make women’s negotiation towards justice elusive. The “sentinel on the qui-vive” is responsible for protecting the rights of women and preventing justice from being squandered through judicial decisions, which form the basis of constitutional equality and justice, keeping constitutional morality at the highest pedestal by pondering upon the issues of gender sensitisation to ensure substantial equality to break the shackles of gender stereotypes.
This paper navigates through various judicial decisions influencing the changing contours of the Indian Judiciary in ensuring women’s safety, freedom and dignity by strengthening various fundamental rights granted vide the Indian Constitution. The Courts in India have increasingly acted in a corrective capacity to realign with gender sensitive discourses, especially in cases involving sexual offences, wherein issues such as distinction between preparation and attempt, ideal victim myth, compromise culture, clothing, behaviour, previous conduct and character, etc., which traumatise the victim/survivor. Further, the paper delves into various instances wherein the superior Courts have guided trial courts and laid down stringent frameworks for sentencing practices in gender-sensitive cases and have encouraged constitutional morality over social morality, ensuring equality and gender justice. The Sabrimala judgment, the POCSO and POSH norms, etc., are instrumental in the said aspect.
By scrutinising current sentencing trends, the paper highlights how the Court has transitioned from a focus on "paternalistic protection" to a framework of bodily autonomy and dignity. Further, the paper examines the role of superior courts in adopting institutional behavioural reform rather than merely providing vocabulary advice in championing women’s rights. The paper conclusively calls for a holistic approach with strong legislative reforms, judicial consistency, gender-sensitive policing, trauma-informed procedures, and restorative forms of justice. Only through comprehensive legislative, judicial and social responses can the pernicious stereotypes be tackled in cases involving gender sensitive issues.
Keywords: Gender, Stereotype, Justice, Sensitisation, Constitutional Morality, Sexual Offences, Judicial, Contours.
