Shatakshi Singh, LLM, Hidayatullah National Law University, Raipur, Chhattisgarh
ABSTRACT
Gender bias, gender discrimination, and gender prejudices, all have been prevalent in societies for long not only in India but almost everywhere in the world. Gender stereotypes have been hampering societal developments as they hinder the growth of a particular group of people who are equally a part of society. The phenomenon by which these stereotypes, which are ingrained in the minds of people, lead to prejudiced decision-making is known as gender bias. The judiciary is the last resort that everyone seeks whenever they need justice and when such gender stereotypes lead to such judicial decisions that are biased, unfair, and unjust, then several issues arise as these decisions impact the entire society at large, consequently creating a lack of trust in the judicial system of a country. There are a number of biases as per psychology, however, in this article; gender bias has been focused upon. Gender bias is mostly a subconscious bias which is the result of our conscious or subconscious learning from society or the kind of exposure we get since our birth. This article deals with how gender-biased judicial decision-making in India impacts society and what concerns need to be raised in order to deal with it.
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