Valuable Ready Reckoner: Supreme Court Approves "Judgments And Gender" Publication On Adopting Sensitivity & Compassion In Sexual Offence Cases
The Supreme Court held that the publication is a mandatory guiding resource in matters involving sexual offences and cases concerning vulnerable persons.
CJI Surya Kant, Justice Joymalya Bagchi, Justice V. Mohana, Supreme Court
The Supreme Court has accepted the Publication "Judgments And Gender" on the legal framework to inculcate sensitivity and compassion into Judges and judicial processes in the context of sexual offences and other vulnerable cases. The Apex Court has directed the Courts across the country to ensure that the publication is uploaded to their websites and further disseminated to the District Judiciary functioning within their respective jurisdictions.
The Apex Court has asked the National Judicial Academy and all State Judicial Academies to publish the handbook on their websites and also directed the Directors General of Police and the Directors (Prosecution) of all the States to implement the same. The Court further held that the publication should serve as a mandatory guiding resource in matters involving sexual offences and other cases concerning vulnerable persons.
The three-Judge Bench comprising Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana held, “We are accordingly fully satisfied that the publication merits acceptance. The same is approved and shall serve as a guiding resource for members of the judiciary, particularly while dealing with matters involving sexual offences and other cases concerning vulnerable persons. Its adoption is will indeed promote greater consistency, clarity, and sensitivity in judicial discourse, while ensuring that the language and processes of the courts remain anchored in the values of dignity, compassion, and empathy.”
“In view of the foregoing, we direct the Registry of this Court to ensure that the publication is uploaded onto the website of the Supreme Court, and that copies thereof are circulated to all High Courts for similar upload on their respective websites, as also for onward dissemination to the District Judiciary functioning within their respective jurisdictions”, it ordered.
Factual Background
The Apex Court had taken cognisance of certain observations made by a Single Judge of the Allahabad High Court in a Criminal Revision. The matter was brought to the attention of the Court through a letter addressed by a forum known as ‘We the Women of India’. Upon receipt of the said communication, the matter was registered and was taken up for consideration. The impugned judgment was consequently held to have been vitiated by an erroneous application of settled principles of criminal jurisprudence. The Criminal Appeals were thus allowed, and the judgment of the High Court was set aside. The matter stood remitted to the Court of the Special Judge (POCSO), Kasganj, for adjudication in accordance with law.
During the proceedings, the Court took notice of the need for judicial decisions in cases involving sexual offences to be informed by sensitivity, compassion, and empathy particularly in matters involving vulnerable and/or minor victims and witnesses, whose engagement with the criminal justice process demands the highest degree of judicial care and sensitivity. The Court considered it necessary to formulate appropriate guidelines. Justice Aniruddha Bose, former Judge of the Apex Court and Director of the National Judicial Academy, Bhopal, was requested to constitute and chair a Committee of Experts comprising four other domain specialists as Members. The Committee thus prepared a set of guidelines to assist the members of the judiciary at all levels.
Reasoning & Conclusion
The Bench noted that the publication traces the evolution of gender jurisprudence in India, highlighting the judiciary's continuing commitment to fostering a more inclusive and equitable justice delivery system. The Bench further noticed that the publication contains a detailed discussion on the legal framework safeguarding victims against stereotyping and victim-blaming, while illustrating the manner in which insensitive cross-examination and police interrogation may inflict secondary trauma upon victims and, in many cases, operate as a significant deterrent to their pursuit of justice.
“The Committee has thus endeavoured to produce a practical and accessible resource capable of guiding judicial officers in adopting language and approaches that are sensitive, inclusive, and consistent with constitutional values”, it stated while further adding, “The publication also furnishes valuable guidance on expressions that are commonly employed in different regional and linguistic settings, clarifying whether such usage may carry pejorative or discriminatory connotations and, where appropriate, suggesting more respectful and 7 | Page inclusive alternatives. This assumes particular significance in the context of references to transgender persons and persons of diverse sexual orientations, gender identities and expressions, and sex characteristics (SOGIESC), where the use of accurate and dignified terminology is integral to safeguarding individual dignity and equality.”
The Bench mentioned that the publication has a dedicated section on conducting court proceedings with greater compassion and sensitivity, setting out practical measures to ensure that judicial processes are responsive to the needs of vulnerable persons while preserving the fairness, impartiality, and integrity of the adjudicatory process. “Owing to its lucid presentation, practical orientation, and ease of reference, the publication serves as a valuable ready reckoner for judicial officers at every level”, it stated.
Approving the publication, the Bench clarified, “The present publication must, therefore, be treated as the commencement of a continuing institutional endeavour rather than its culmination. It shall remain incumbent upon the judiciary, and particularly upon this Court, to periodically revisit and refine these standards so as to ensure that judicial discourse across the country remains consistent with constitutional values, reflects sensitivity towards all stakeholders, and speaks in a coherent and harmonious voice.”
Asking National Judicial Academy and all State Judicial Academies to publish the handbook on their websites, the Bench directed, “The Directors General of Police and the Directors (Prosecution) of all the States are also directed to implement the handbook, and to issue instructions to all police stations within their respective jurisdictions to abide by its contents while registering an FIR or filing a chargesheet.”
Judgments And Gender (Sensitivity & Compassion In Writing Judgments)
The Publication is called Judgments and Gender (Sensitivity & Compassion in Writing Judgments). Explaining gender jurisprudence in India, the Publication discusses legal protections against victim-blaming, progressive approaches, and how to transition towards a Gender-Just Society. The publication explains in detail about compassionate court practices such as pre - trial victim counselling, preventing secondary victimization, proactive Judges, caution with terms like “outraging modesty” and use of trauma-informed language.
The Publication stresses the use of gender-neutral, survivor-centric terms, use of child-sensitive language, terms such as “Victim” or “survivor” instead of “prosecutrix”. The publication prohibits the use of certain terms, including all forms of victim-blaming; terms such as “helpless female”; generalizations about complainants; honor/shame and chastity stereotypes; assumptions of exaggeration by women or families; biased, stereotypical, or blaming language.
The publication also lays out the route map for training on these lines, thereby highlighting that it brings sensitivity towards victims, witnesses, and all vulnerable groups.
Cause Title: In Re: Order dated 17.03.2025 Passed by the High Court of Judicature at Allahabad in Criminal Revision No. 1449/2024 and Ancillary Issues (Neutral Citation: 2026 INSC 783)