How does Supreme Court’s new handbook rethink gender sensitivity? | Explained

Published 8 August 2026 · india

The story so far: A Supreme Court report published on Monday (August 3, 2026) makes a series of recommendations aimed at enhancing gender sensitivity in

The story so far: A Supreme Court report published on Monday (August 3, 2026) makes a series of recommendations aimed at enhancing gender sensitivity in how judges write judgments and conduct proceedings in cases involving sexual offences and vulnerable persons. It replaces patriarchal language with survivor-centric terminology and recommends trauma-informed courtroom practices to prevent the re-traumatisation of victims. Who prepared the new report? Titled “Judgments and Gender: Sensitivity and Compassion in Writing Judgments”, the report was drafted by an expert committee headed by former Supreme Court judge and Director of the Judicial Academy (NJA) in Bhopal, Justice Aniruddha Bose. It marks a shift from the court’s 2023 “Handbook on Combating Gender Stereotypes”, which focused primarily on helping judges identify and avoid gender stereotypes and patriarchal language. The new report, which will replace the earlier handbook, broadens that approach by recommending practical reforms spanning courtroom management, victim protection, judicial reasoning and trauma-informed adjudication. Before formulating its recommendations, it examined 125 trial court judgments from across the country with the assistance of State Judicial Academies. What prompted this intervention? The need for a new handbook arose from the Supreme Court’s February 10, 2026, judgment setting aside an Allahabad High Court ruling that had held that allegations of grabbing a 14-year-old girl’s breasts, dragging her towards a culvert and breaking the string of her lower garment amounted only to “preparation” to commit rape, rather than an “attempt” to rape.

The apex court had taken cognisance of the ruling on its own after the High Court’s distinction between preparation and attempt drew widespread criticism for its apparent insensitivity. During the proceedings, questions were also raised about the effectiveness of the Supreme Court’s 2023 handbook, issued during the tenure of former Chief Justice of India () D.Y. Chandrachud, in preventing such flawed judicial reasoning. Surya Kant remarked that the handbook was “too Harvard-oriented”, suggesting that it was overly theoretical and did not adequately reflect the realities of the Indian judicial system. Justice Kant instead called for practical training, observing that it “serves no purpose to sermonise” High Court judges while sitting in the Supreme Court. The court consequently directed the NJA in Bhopal to constitute a committee of domain experts, academics and lawyers to formulate fresh guidelines geared towards the practical training of judges. What does it say about gender-sensitive judicial language? The new report cautions that judicial observations rooted in stereotypes can deter survivors from reporting offences, reinforce prejudices and undermine confidence in the justice system. While both the 2023 handbook and the new report contain glossaries of terms that judges should avoid, they differ in their focus. The 2023 handbook largely sought to replace stereotypical, colloquial or outdated expressions with neutral and legally appropriate terminology. For instance, it recommended “street sexual harassment” instead of “eve teasing”, “homemaker” instead of “housewife”, and “woman who has engaged in sexual relations outside of marriage” instead of “adulteress”.