CJI Surya Kant discarded the gender glossary issued during DY Chandrachud's tenure.
The gender glossary aimed to eliminate stereotyping and victim blaming in court proceedings.
The glossary was intended as a guide for using gender-sensitive language for judges, lawyers, victims, and the public.
Concerns arise regarding the reasons for discarding the glossary, citing it as "too technical" and "Harvard-oriented".
Detailed Insights:
The discarding of the gender glossary raises concerns about undermining institutional identity and consensus on vital issues within the Supreme Court.
The glossary was an attempt to address historical injustices, such as the Mathura case, by promoting gender justice and eliminating discriminatory language.
Practice guidelines and restatements of laws are essential for providing institutional memory and judicial policy within the Supreme Court.
The decision to discard the glossary may be linked to a broader narrative of decolonizing laws and language, potentially replacing "Harvard" with "Swadeshi".
Maintaining institutional integrity and predictability requires an exchange of ideas between outgoing and incoming Chief Justices.
A judicial conclave or town hall with the bar and concerned citizens could provide valuable inputs for stable gender justice guidelines and a gender audit of the courts.
Key Concepts Involved:
Gender Justice: Fairness and equity in the treatment of individuals regardless of their gender.
Institutional Memory: The collective knowledge and experience accumulated within an organization over time.
Decolonization: The process of undoing the effects of colonialism on laws, language, and culture.