How does the SC handbook rethink gender sensitivity?, Pg14

Key Highlights:

• The Supreme Court released a new report titled 'Judgments and Gender: Sensitivity and Compassion in Writing Judgments' on August 3, 2026.
• This report aims to enhance gender sensitivity in judicial language and courtroom practices, particularly in cases involving sexual offenses and vulnerable persons.
• It was drafted by an expert committee headed by former Supreme Court judge and Director of the National Judicial Academy (NJA), Justice Aniruddha Bose.
• The new report replaces the 2023 'Handbook on Combating Gender Stereotypes', broadening its scope from avoiding stereotypes to practical reforms.
• The intervention was prompted by a February 10, 2026, Supreme Court judgment that overturned an insensitive Allahabad High Court ruling regarding an alleged attempt to rape.
• Chief Justice of India (CJI) Surya Kant criticized the previous handbook as "too Harvard-oriented" and called for practical training, leading to the new guidelines.

Detailed Insights:

• The report emphasizes moving judicial writing away from language that views sexual violence through the lens of morality, chastity, or honor.
• It recommends replacing terms like "prosecutrix" with "victim," "survivor," or "complainant" to better acknowledge the lived realities of those seeking justice.
• Judges are encouraged to focus on the legal injury and its consequences, such as violation of bodily autonomy and severe trauma, rather than moralistic expressions.
• The report advocates for the use of respectful terminology for individuals of diverse sexual orientations and gender identities, recommending the Sexual Orientation, Gender Identity, Expression and Sex Characteristics (SOGIESC) framework.
• It reiterates that trials for rape and other sexual offenses should ordinarily be held in camera, as mandated by the Bharatiya Nagarik Suraksha Sanhita, 2023.
• The report calls for strict protection of survivors' identities, including the use of initials or pseudonyms in court proceedings and publications.
• Judges are urged to adopt a trauma-informed approach, cautioning against drawing adverse conclusions from delayed reporting, absence of physical injuries, or inconsistencies in testimony.
• It also encourages pre-trial counseling for survivors to reduce anxiety and help them navigate court proceedings.
• The report advises against indecent, scandalous, or offensive questions during cross-examination, reinforcing provisions of the Bharatiya Sakshya Adhiniyam.
• It specifically states that a survivor's previous sexual history is immaterial in a rape trial.

Key Concepts Involved:

• In Camera Proceedings: Court proceedings held in private, excluding the public, often to protect the privacy of parties or sensitive information.
• Trauma-Informed Approach: A framework recognizing the widespread impact of trauma and integrating knowledge about trauma into policies, procedures, and practices.
• Sexual Orientation, Gender Identity, Expression and Sex Characteristics (SOGIESC): A globally recognized framework for understanding and respecting diverse sexual orientations, gender identities, expressions, and sex characteristics.