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This is an archive article published on August 21, 2023
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Opinion A welcome handbook – which needs some scrutiny

Supreme Court's handbook on gender has a slew of welcome measures. On the issue of gender fluidity, it needs to be scrutinised

supreme courtA draft created by Justices Moushumi Bhattacharya, (Calcutta High Court), Pratibha Singh, (Delhi High Court), and Professor Jhuma Sen, under the guidance of Chief Justice of India DY Chandrachud, recommends the deletion of archaic phraseology such as “spinster”, “seductress”, “mistress”; as also “eve teasing”. (File photo)
August 21, 2023 06:15 PM IST First published on: Aug 21, 2023 at 06:15 PM IST

Written by Gitanjali Prasad

The Supreme Court has released a gender-just handbook for judges with a slew of welcome measures, and one area of concern. A draft created by Justices Moushumi Bhattacharya, (Calcutta High Court), Pratibha Singh, (Delhi High Court), and Professor Jhuma Sen, under the guidance of Chief Justice of India DY Chandrachud, recommends the deletion of archaic phraseology such as “spinster”, “seductress”, “mistress”; as also “eve teasing”.

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To sensitise members of the judiciary to the bias against women embedded in derogatory patriarchal language is certainly a laudatory move, and one that is long overdue. Most people, and I imagine almost every woman would unequivocally cheer this updating. Especially, the shocking example of the bias against sexual assault rape by a dominant caste male on a lower caste woman that was so far on the books.

The handbook also discusses the relatively new idea of gender fluidity, which includes many ideas championed by the LGBTQIA+ community. In the sub-chapter on “Understanding Gender Stereotypes”, the book proclaims that while “sex” refers to the biological attributes of individuals, “gender” is a social construct. Roles, behaviours, expressions, and identities, are according to this viewpoint, not influenced by biology but by social conditioning. The idea that nurturing as much as nature influences the behaviour of both men and women, is not new, and is unexceptionable up to a point. The book goes on to state “Gender identity is not limited to a binary (girl/woman and boy/man) but rather exists on a spectrum and can evolve over time.”

This belief, while it has gained currency in many liberal Western nations, and also many international agencies, has been challenged by some scientists and academics. Even as the BBC released an educational teaching video for children which said that there are more than 100 genders, many people are concerned that exposing young people to these ideas may cause unnecessary confusion. Of course, some individuals are born intersex, with the genitalia of both sexes, or with genitalia that is not consistent with either sex and there, are, and have always been, some individuals who are not comfortable with their sexual identity.

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At a discussion at The Heritage Foundation, US, Dr Michelle Curtella, President of the American College of Paediatricians, said, that “human sexuality” is binary, you are either male or female. This is not assigned at birth, she says, it is determined at the moment of conception. She goes on to say that no one is hard-wired to be transgender. However, for a variety of reasons, some people may experience gender dysphoria. In the current climate in liberal Western societies, there have been reported instances where soon after a child expresses any discomfort with their gender, they will be identified as transgender. This is reportedly followed, at times with undue haste, by the process of transitioning to becoming a member of the opposite sex. The cross-sex hormones that these children are given, often followed by surgical interventions can result in medical complications and at times, mental health issues.

In certain cases , parents are warned or are afraid that a delay in transitioning could lead to mental health crises among their children, even suicide attempts. On the other hand, there are cases of young people who after transitioning, “de-transition”. Chloe Cole in the UK has sued her doctors for malpractice for allowing her to transition into a boy without explaining the risks. There were so many similar complaints about this from other young people, as also medical professionals, the UK government shut down the Tavistock Centre where such treatments were done.

Isla Bryson, in Scotland, a previous offender claimed he was a transgender woman to gain entry into a woman’s jail. In a Virginia school, in the US, a transgender teen raped a student in the girl’s locker room. Women’s sports were also severely impacted by the participation of transwomen in women’s events where they defeated women effortlessly. Now, many sporting bodies have banned transwomen from competing in women’s sports unless they transitioned before achieving puberty.

These instances point to the fact that the questions around gender fluidity are far from settled. What the intersex and transgender people in our country, and across the world have endured in the past, is a blot on our collective conscience, and we must make every effort to respect their choices, rights and freedoms. That does not, however, mean that we ignore the rights of others or repeat the mistakes that are being made by some in the West in this sphere

The writer is an author and life coach

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