Gendered Language on Indian Law

Introduction

• Gendered language refers to language that either explicitly or implicitly makes distinctions based on gender. 
• This type of language is used in laws and regulations around the world, including in India. In India, gendered language has been used for centuries and is still used in many laws today. 
• This essay will discuss the use of gendered language in Indian laws, the historical context of this language, the current practice, and the arguments for and against it.

Historical Context

The use of gendered language in Indian laws can be traced back to ancient times. In the Vedic period, the law of Manu prescribed rules and regulations for the people. These laws were based on traditional values and beliefs, which included a hierarchical structure of society with men at the top and women at the bottom. This hierarchy was reflected in the language used in the laws, with men being referred to as “lords” and women as “servants”.

In the modern period, Indian laws were greatly influenced by British colonial rule. During this period, the language used in laws was heavily gendered, with men being referred to as “he” and women as “she”. This was reflective of the traditional gender roles and expectations of the time.

However, in recent years, there have been changes in societal views on gender and language. Many people now recognize the importance of inclusivity and the need to move away from gendered language in laws.

Current Practice

Today, gendered language is still used in many Indian laws. For example, the Indian Penal Code (IPC) refers to the perpetrator of a crime as “he” and the victim as “she”. Similarly, the Indian Constitution uses gendered language when referring to the President and Vice President, with the President being referred to as “he” and the Vice President as “she”.

The prevalence of gendered language in Indian laws is in line with the laws of many other countries. In the United States, for example, the Constitution refers to the President as “he”. Similarly, in the United Kingdom, the Queen is referred to as “she”.

Arguments for and against the use of gendered language

There are arguments both for and against the use of gendered language in laws. Those who argue for its use point to the clarity and simplicity it provides. Gendered language is easy to understand and can help to clarify who the law is referring to.

On the other hand, there are those who argue against the use of gendered language in laws. They argue that it is exclusionary and unfair, as it implies that only men are capable of certain roles or activities. Furthermore, they argue that it fails to recognize the diversity of gender identities and expressions.

Conclusion

The use of gendered language in Indian laws has been a contentious issue for many years. While it is still used in many laws today, there is an increasing recognition of the importance of inclusivity and the need to move away from gendered language. This is evident in the changes that have been made in recent years, such as the introduction of gender-neutral language in the Indian Penal Code. Moving forward, it is important that the language used in laws is inclusive and reflects the diversity of gender identities and expressions.