Author – Senorita Shelton, Rizvi Law College
ABSTRACT
The article focuses on the persistent use of gender-precise phrases in legal and professional documents and its implications on inclusivity. It highlights the need for Gender Neutral language in contracts. It argues that terms like ‘he\she’ reinforce outdated gender norms and that inclusive options like ‘they’ or ‘the employee’ are clearer and more respectful. Taking into consideration worldwide examples and the Indian constitutional standards, it emphasizes that most Indian laws and contracts still depends on gendered terms, notwithstanding modern rulings like NALSA v. Union of India. This peice calls for legal reform to ensure that language in contracts and statuses reflects authentic equality and inclusivity.
INTRODUCTION
Are you AI? Would you consider yourself a human? These are the questions that employers should be asking—the time of gender roles should belong to history. As human beings, our collective identity has historically been viewed as masculine – we denote our species as ‘man’ and utilize ‘mankind’ to include all of us. Our culture and language conform to a largely masculine framework, where ‘male bias is so profoundly embedded in our consciousness that even genuinely gender-neutral terms [like doctor or actor] are perceived as male.’ The study “Do you hear the people sing[ular]? discusses about how the refusal to evolve legal language to include all identities is not merely about grammar but about recognition and representative. Therefore, why do manuals, employment agreements, and interview questions continue to follow gender distinctions? What is the benefit of using “him/her” or “she/he” in a manual when “you” or “the employee” conveys the message equally well?
Companies usually go for standard, generic contracts for their dealings. These agreements frequently use pronouns like ‘she/he’ and ‘his/her’ when referring to the involved parties. It is crucial for the terminology in legal documents to be not only accurate and precise but also to be up to date in alignment with contemporary changes. Growing entrepreneurs are suggested to use gender-neutral language in their legal documents, opting for terms like “they” and “their” instead of gender-specific pronouns like “he” or “she”. This is important because gendered language can be perceived as discriminatory against one or more genders, and assuming a person’s gender in a contract could inadvertently offend your client. For instance, an employment contract at the executive level in earlier times would almost invariably have been drafted to refer to a male individual holding the position, to avoid any consciousness there should be a clause included in the standard language at the end stating that “a reference to one gender shall encompass references to the other genders.”
In modern practice, a template agreement is commonly drafted in the second person (you are entitled to these benefits and you are expected to fulfill these job responsibilities) or in the third person (they/their/the employee). However, companies must consider the legal jurisdictions in which they operate when using “they” as a pronoun, as its singular or plural usage remains ambiguous and courts have yet to establish a consistent interpretation in contractual contexts.
While many English words are fundamentally gender-neutral, some terms still carry gendered connotations. Therefore, it is crucial to be mindful of your language even in informal discussions. Below are several examples of commonly used workplace terms along with their suggested alternatives:
• Businessman as Businessperson, business representative
• Chairman as Chairperson, chair
• Foreman as Foreperson
• Salesman as Salesperson
LEGAL JARGON
Considering the emerging necessity, the Punjab and Haryana high court has referred upon the Union Government to adopt gender-neutral language and replace phrases like ‘ex- serviceman’ which undermines gender inclusion and fails to recognize the contributions of women in the defence force. In addition, the Handbook on Combating the Gender Stereotypes highlighted by the courtroom in the 2022 SC manual represents an enormous development as it emphasizes the importance of getting rid of gender-biased terminology in judicial language.
Another milestone in India is the establishment of the Digital Personal Data Protection Act, 2023 (DPDP Act 2023). The Act consists inclusive pronouns like ‘she’ or ‘her’ to uphold the position of women as crucial people to society. Although, it raises questions – Are we genuinely jumping off from one immoderate to another? Is the usage of the female pronoun in truth reflective of gender inclusivity?
The scarcity of specific laws in India addressing gender-neutral language highlights the erosion of the Constitution’s promise of equality and protection against sex-based discrimination, as stated in Articles 14 and 15.
Despite significant court rulings support the rights and dignity of transgender and non-binary people, the majority of current laws, including those related to employment, are still based on conventional gender categories. Recent changes to India’s labour laws have prioritized streamlining processes and enhancing the economy over promoting inclusivity. The new Labour Codes, intended to replace outdated laws, still employ gendered terms like “he” or “workman,” missing a chance to update legal language in line with constitutional values.
Although Indian courts have acknowledged the right to gender identity they have yet to establish a consistent legal framework for interpreting gender-neutral pronouns such as “they” in contracts. In various legal situations, the term “they” can be understood as plural, which could create ambiguity about enforceability or
liability. Lawmakers and legal experts are cautious about using such terms in binding contracts until courts validate their legitimacy and legality.
THE PROOF
Significant countries have taken steps regarding Gender Neutrality, especially in their laws. The Legislative session that took place in 2023 at South Dakota, exceeded the South Dakota Gender impartial Constitutional Language amendment (2024) to cast off gender unique language within the nation constitution and replace it with gender neutral language. As of now, nine US state constitutions employ gender-neutral language or both male and female pronouns.
There are also formal changes brought through various establishment and nations to contribute to gender inclusivity in diverse spheres. For instance, The United Nations introduced rules outlining several strategies to help its workforce in using gender inclusive languages, these rules align with the United Nations device wide strategy on Gender Parity, aiming to create a workplace environment characterised with the aid of inclusivity for all employees. In accordance with the guidelines, priority must be given to ‘Ms.’ over ‘Mrs.’ as the shape of address with regular with their gender identification. that is due to the fact the former is inclusive and may refer to any female, irrespective of martial reputation. Furthermore, employees are cautioned to reverse the gender of designation or terms to comprehend if they’re using discriminatory language.
Similarly, in 2008 the Parliament of Europe adopted multilingual pointers on gender neutral language. Additionally, in 2019 UK delivered a manual to Gender impartial drafting with the aim of standardizing gender-neutral drafting practices within the legal career. The manual proposes that there are three strategies to avoid gender precise pronouns (1) Repeat the noun; (2) alternate the pronoun; (three) Rephrase to keep away from the need for a noun or pronoun. for example, the usage of ‘they’ as the factitious pronoun or the use of ‘who’ rather than ‘if he’ in sentences: “someone who commits an offence”, instead of “a person commits an offence if he”.
CASE LAWS
1. NALSA v Union of India
The NALSA v. Union of India (2014) is an admirable judgement in India, which marks a constitutional turning point by recognizing the rights of transgender and non-binary individual to become self-aware of their gender. Even though this changes have not been targeted on contract law, the ruling has had an impact on hoe gender is interpreted within all regions of law including contracts. It was held that gender identification is a vital issue of personal autonomy and dignity protected under Article 21 of the constitution. This affirms that transgender individuals are entitled to same protection of the law under Article 14 and ought to no longer be discriminated in opposition to in any felony or social context, as mandated by Articles 15. Considering the agreement regulation, these constitutional protections mean that any contractual clause that discriminates any individual based on gender identification can be deemed void against public coverage under Section 23 of the Indian Contract Act, 1872. for example, rent agreements or employment contracts that designate most effective “male” or “woman” tenants or employees, thereby aside from transgender humans, may additionally now be legally challengeable.
2. Bostock v. Clayton County
One of US Supreme Court landmark judgement in Bostock v. Clayton County (2020) hold out the legal understanding of gender neutrality and non-discrimination in the framework of employment and, by extending contractual duties. It was held that terminating an individual merely for being homosexual or transgender violates the VII of the Civil Rights act 1964 which prohibits employment discrimination “on the grounds of sex.” Although the ruling mainly focuses on employment law, its broader implications affect all
forms of felony and contractual relationships by means of reinforcing the
principle that any form of discrimination based on gender identity or sexual orientation is felony under the federal regulation. In a contractual context,
Bostock lays the groundwork for decoding contractual clauses, employment agreements, and company guidelines via a gender-neutral and inclusive lens.
CONCLUSION
The combination of gender neutrality into legislative drafting, together with the usage of the phrase ‘she’ to consult a person in the aforementioned DPDP Act, 2023, tries to deal with gender-primarily based on discrimination whereas
substituting the phrase “he” with a marginally more inclusive pronoun fails to deal with the various desires of other gender identities. Moreover, the DPDP Act, 2023 appears to be an isolated case as legislations delivered in the Act, reverted to using ‘he/him’ in its wording. Inclusive practices cross past
acknowledging range to actively dismantling systemic obstacles. It includes growing environments wherein all genders are not only present but empowered to contribute meaningfully, regardless of societal expectations. This method calls for groups to take a look at and revamp their systems, regulations and communication strategies to make that replicates a commitment to fairness.
Proper inclusivity acknowledges a fostering a sense of belonging and accommodating various gender identities, dismantling gender-specific titles, and reimagining conventional roles to be extra gender-neutral.
In conclusion, the evolution from diversity to inclusivity marks a deeper commitment to dismantling discriminatory practices and fostering an environment in which each character, irrespective of gender, feels seen, heard, and valued. Companies should recognize that embracing gender neutrality is a crucial step closer to developing working culture where inclusivity isn’t just a buzzword but a lived reality, contributing to a greater
equitable and dynamic organizational lifestyle.
FAQ’S
1.What is Gender Neutral language?
– Gender Neutral language is a way of speaking or writing that avoids the use of words which endorse a specific gender. It includes terms that apply to all people no matter their gender identity, using ‘they’ instead of ‘he/she’ or ‘chairperson’ rather than ‘chairman’
2. Difference between gender neutral, gender inclusive and gender sensitive language?
– Gender neutral language avoids bringing up any gender at all, using phrases like ‘they’, ‘man or woman’, or ‘chairperson’ whereas Gender inclusive language makes sure all gender identities are represented, such as male, female, transgender, and non-binary people and Gender Sensitive language is about being aware of and respecting gender differences whilst averting stereotypes or biased expressions.
3. What are the best practices for drafting a Gender Neutral contract?
– The best practice for drafting a Gender Neutral contract is to avoid using gendered pronouns like ‘he’ or ‘she ’instead, use neutral phrases like ‘the employee’, ‘they’ or repeat the job title where needed. Write in 2nd person (“you are entitled to…”) or third character (“the worker must…”) to preserve the language clean and inclusive. keep away from job titles with gendered terms like “salesman” or “chairman,” and use “salesperson” or “chairperson” as a substitute. Also, include a clause stating that all gender references in the contract apply to all gender identities.
