Training for Gender Sensitization in the Judiciary

Vocabulary practice flashcards covering fundamental definitions, legal precedents, landmark cases, and procedural principles of gender sensitization within the Indian judiciary based on the presentation by Justice Moushumi Bhattacharya.

Gender Sensitization

The process of raising awareness about gender equality and eliminating gender-based discrimination by identifying and breaking down stereotypes, gender roles, and unconscious biases to cultivate empathy and modify behavior.

State of M.P v. Babulal, (2008) 1 SCC 234

A Supreme Court ruling establishing that a socially sensitized judge provides better armour in cases of crimes against women than long clauses of penal provisions with complex exceptions and complicated provisions.

Vishaka & Others Vs. State of Rajasthan, (1997) 6 SCC 241

A landmark Supreme Court judgment that recognized sexual harassment as a violation of women's fundamental rights and formulated binding guidelines to prevent and address sexual harassment in workplaces.

Shayara Bano Vs. Union of India, (2017) SCC ONLINE SC 224

A Supreme Court ruling that declared the practice of triple talaq unconstitutional and violative of women's fundamental rights to equality and dignity.

National Legal Services Authority (NALSA) Vs. Union of India, (2014) 5 SCC 438

A Supreme Court judgment recognizing transgender individuals as a third gender, directing the state to grant legal recognition and guarantee their fundamental rights and full social inclusion.

Independent Thought v. Union of India, (2017) 10 SCC 800

A Supreme Court ruling that raised the age of consent for sexual activity from 16 to 18 years for all children.

Gender-Sensitive Courtroom Conduct

The mindful inclusion of gender-specific experiences and rights into courtroom procedures to ensure non-discrimination, fairness, dignity, and respect, particularly for women and LGBTQIA+ persons.

State of Punjab v. Gurmit Singh

A legal precedent highlighting the necessity of protecting the identity, privacy, and dignity of rape survivors during judicial proceedings.

Lillu @ Rajesh v. State of Haryana

A Supreme Court case that explicitly condemned the two-finger test as unscientific and violative of a survivor's dignity and bodily integrity.

In-Camera Proceedings

Private judicial trials conducted behind closed doors, excluding the general public and press, specifically required for cases of sexual violence to safeguard victim dignity and privacy.

Sameness Doctrine

A legal perspective emphasizing formal equality over substantive equality by treating men and women identically, ignoring structural inequities and gender-specific needs.

Judicial Accountability (in Gender Context)

The systemic monitoring of gender-related judicial misconduct, establishing confidential reporting channels, preventing retaliation, and offering comprehensive legal and psychosocial support.

Arun Kumar v. IG Madras HC

An exemplary instance of gender-sensitive courtroom procedure where a trans woman litigant was permitted to testify via video link rather than facing the accused directly, avoiding trauma.

Section 327 CrPC

The procedural section governing open-court trials while establishing statutory confidentiality, in-camera mandates, and publication restrictions in trials concerning rape and sexual offenses.

Judicial Stereotyping

The practice of adjudicating cases on preconceived societal biases and moral expectations instead of impartial legal analysis, which compromises victim credibility and causes revictimization.

CEDAW (1979)

The Convention on the Elimination of All Forms of Discrimination Against Women; an international treaty cautioning that judicial gender stereotyping impedes access to justice and re-traumatizes survivors.

Double Duty

The simultaneous demand placed on women who engage in paid professional employment outside the home while carrying primary, unpaid domestic labor and childcare duties.

Non-Marital Child

The preferred, gender-neutral, non-stigmatizing legal term used to replace the derogatory and outdated label "bastard."

Assigned Female / Male at Birth

The preferred medical and socio-legal terminology recommended over stereotypical descriptions such as "born a girl" or "born a boy."

Survivor-Centric Procedure

Judicial mechanisms designed around the protection, psychological wellbeing, physical security, and autonomy of the victim/survivor throughout litigation.