Emphasising upon the need to re-examine legal lexicon and ensuring that it does not reinforce stereotypes based on gender, caste or social economic status, Chief Justice of India DY Chandrachud on Saturday said all forms of derogatory language, particularly against women, have no place in courts.
He remarked that insensitive words can perpetuate stereotypes and may disproportionately affect women and marginalised communities.
The CJI was referring to complaints from women judicial officers about the use of derogatory language by some members of the administrative establishment towards women.
Addressing a gathering at the inauguration of the North Goa District Courts Complex near Panaji, the CJI said, "We must actively work to dismantle all barriers to have truly democratic access to justice".
"As we strive for inclusivity within our courtrooms, the language which we use must reflect our ethos. We must be vigilant in our choice of words ensuring that our language is not only precise but also respectful and inclusive," the CJI said.
He said the insensitive or dismissive language can perpetuate stereotypes and may disproportionately affect women and marginalised communities.
"Very often, I hear the complaint from women judicial officers that some members of the administrative establishment use derogatory language towards women," the CJI said, adding that all forms of derogatory language, particularly towards women, must have no place in our courts at all.
The CJI said the language used in courtrooms should reflect inclusivity, respect, and empowerment.
"This involves re-examining our legal lexicon and ensuring that it does not reinforce stereotypes based on gender, caste or social economic status," the CJI said.
CJI Chandrachud said the Supreme Court has prepared a handbook on gender to make people aware of gender stereotypes used in discourse in our courts.
He further said that members of the bench, particularly judicial officers at the district level, must remember the thumb rule of uplifting the legal discourse.
"The litigants come before the court with a sense of trust and a sense of vulnerability; practices within the court should uplift legal discourse rather than undermining the dignity, often the faith.... future of the individual is in your hands," the CJI noted.
He said another crucial step to democratising legal access is ensuring that judgements and orders are available in all regional languages.
The CJI observed that the idea of a "conscientious court" lies at the heart of the judicial system which is acutely aware of societal realities and multifaceted difficulties encountered by those seeking justice, reflecting the idea of a conscious court.
Mentioning the redesigning of the statue of the Lady of Justice, the CJI stressed the law is not blind and that it views everyone equally.
"The Lady of Justice in the Supreme Court does not carry a sword but instead carries with her the Constitution of India, a document which has the transformative power to break the bonds of social hierarchies and inequalities," he said.
The blindfold of the statue which meant impartiality has been removed, the CJI said.
CJI Chandrachud further said that equality is rooted in an understanding of historical disadvantages, privileges, and certain communities.
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