Top Court Hits Pay Dirt and Aspires Towards an Inclusive Society
Image Source: India Today
The top court, in its recent judgment pertaining to the case of Mother of X vs State of Maharashtra and Another, used ‘gender-neutral’ vocabulary.
The Court, in its judgment, used the expression “pregnant person” rather than “pregnant woman,” stressing that pregnancy can also be experienced by some “non-binary people and transgender men among other gender identities.”
The 22-page judgment of the Supreme Court authored by CJI D Y Chandrachud used the expression “pregnant person” 42 times while delivering the judgment pertaining to the case of medical termination of a 28-week pregnancy of a 14-year-old rape survivor.
The three-judge bench comprising CJI D Y Chandrachud, Justice Manoj Mishra, and Justice J B Pardiwala said, “We used the term ‘pregnant person’ and recognise that, in addition to cisgender women, pregnancy can also be experienced by some non-binary people and transgender men among other gender identities.”
This is a welcome and warranted step taken by the judiciary. The Supreme Court, through its judgments, is acting as a beacon of light in a country where gender rights, love, and marriage await equality.
The Court, while launching its Handbook on combating gender stereotypes last year, stressed that impartiality is critical to the language of judicial discourse.
The Chief Justice of India, in his introduction, penned that using outdated language would restrain the ‘transformative projects of the law and constitution of India, which seek to secure equal rights to all persons, irrespective of gender.’ The current observation is rooted in that spirit, reports the Indian Express.
The use of gender-neutral terms in the judgments would prompt people to restructure the norms binding to gender identities. A transgender man or a non-binary individual who chooses to become pregnant can face discriminatory healthcare and legal frameworks. The Supreme Court’s acknowledgment of gender-neutral terms is a step ahead in providing legal protection to people carrying pregnancies.
It is noteworthy that the Supreme Court last year urged the legislature to safeguard the rights of same-sex couples.
Though this is not the first occasion when the CJI used gender-neutral terms in his verdicts. In March, he headed a seven-judge bench that wrote its judgment on parliamentary privileges in which the term “founding parents” was used. This marks a departure from “founding fathers,” a term describing those who contributed to drafting the Indian Constitution.
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- Mohit Dalal, a graduate in Psychology currently pursuing a Master's degree in Journalism, is deeply intrigued by society and its norms. His interest in this captivating field has inspired a desire to excel in legal journalism. Mohit aspires to make significant contributions to the field of journalism, particularly in covering legal issues and related societal matters.
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