Gender Stereotyping in Judicial Decisions: An Analysis of Cases of Sexual Assault in Indian Courts

Alankrita Pathak

Indian Journal of Gender Studies, 2025, vol. 32, issue 2, 158-177

Abstract: ‘Gender stereotyping’ refers to the generalised perception or presumption of qualities or traits held by men and women, as well as the functions that are or should be undertaken by men and women. Such gender differences are social and cultural constructs. Gender stereotyping is a common phenomenon, and even the judiciary is not immune to it. Despite many reforms, gender stereotyping persists, together with misconceptions, in the various stages of prosecution, trial and sentencing in sexual assault cases. Using the doctrinal method of research, this article analyses the influence of judges’ gender prejudices in the hearings and outcomes of sexual assault cases in Indian courts. The article shows that the current legal framework is ineffective in removing preconceived sexist prejudices among judges when dealing with cases related to crimes against women.

Keywords: Gender stereotyping; judiciary; rape; psychoanalysis; ‘real’ rape; victim-blaming (search for similar items in EconPapers)
Date: 2025
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Persistent link: https://EconPapers.repec.org/RePEc:sae:indgen:v:32:y:2025:i:2:p:158-177

DOI: 10.1177/09715215251323844

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