The Supreme Court has ordered a review of the 2023 Gender Stereotypes Handbook after concerns were raised by judges over its language and content. A new expert committee will now draft simpler, more contextual guidelines to improve judicial sensitivity in sexual offence cases.
The Supreme Court of India has started a fresh effort to frame new guidelines aimed at making judges more sensitive while dealing with cases related to sexual offences and other vulnerable victims. The move comes after internal concerns within the judiciary over an earlier initiative on the same issue.
According to reports, the development followed discussions within the court about the effectiveness and reception of an earlier publication released in 2023.
In an order dated February 10, a three-judge bench led by Surya Kant and comprising Justices Joymalya Bagchi and N. V. Anjaria asked the Director of the National Judicial Academy, Justice Aniruddha Bose, to form a committee of experts. The committee will prepare a detailed report which will help in drafting new guidelines for judges.
The court emphasised the need for a structured and well-studied approach before issuing new directions. In its order, the bench observed that
“some action is required to be taken to inculcate and nurture an inherent sensitivity and discernment into the approach of members of the judiciary, as well as into the accompanying court procedures”.
The order also noted that courts in India have taken several steps in the past to improve sensitivity within the judicial system, both through judicial orders and administrative measures. However, the bench said that those efforts may not have achieved the desired results. The court therefore remarked that
“various steps, in this direction, have also been taken by the constitutional courts of this country, from time to time, on the judicial as well as administrative side. It seems, however, that the efforts thus far have not borne the fruit that was expected”.
For this reason, the court clarified that it does not want to issue guidelines without careful examination of previous initiatives. The bench stated that it does not want to make “a fresh and unguided attempt to lay down any guidelines” without first studying what had been done earlier and what lessons can be learned from those attempts.
One of the key initiatives that will be examined by the committee is the “Handbook on Combating Gender Stereotypes”, which was released in 2023 during the tenure of former Chief Justice of India D. Y. Chandrachud.
The handbook was prepared to help judges recognise and avoid gender stereotypes while writing court orders and judgments. According to the publication, it
“aims to assist judges and the legal community in identifying, understanding and combating stereotypes about women”.
It further explains that the handbook
“contains a glossary of gender-unjust terms and suggests alternative words or phrases, which may be used while drafting pleadings as well as orders and judgments”.
However, the February 10 order also indicated that some of the language used in the handbook may be difficult for ordinary people to understand. Sources familiar with the discussions within the judiciary said that some judges felt the document used complex expressions that may not be easily understood by the general public.
There were also concerns about how the handbook was introduced. According to sources, several judges believed that the process of adopting such an important document should have involved wider consultation within the Supreme Court. One source explained,
“It was necessary to take all judges into confidence before deciding to publish the handbook, which they were supposed to follow… It (the handbook) should ideally have been placed before the full court for a broader discussion, but this was not done.”
Apart from procedural concerns, certain parts of the handbook’s content also drew criticism from some judges. In particular, they pointed to a section that gives examples of stereotypes related to sexual violence and explains why such assumptions are incorrect.
One of the examples mentioned in the handbook refers to a stereotype that
“dominant caste men do not want to engage in sexual relations with women from oppressed castes” and “therefore, any allegation of sexual assault or rape by an oppressed caste woman against a dominant caste man is false”.
The handbook attempts to challenge this stereotype by explaining the historical context of caste and sexual violence. It states that the
“reality” however is that “rape and sexual violence have long been used as a tool of social control” and “dominant caste men have historically used sexual violence as a tool to reinforce and maintain caste hierarchies”.
Some judges reportedly expressed discomfort with such generalised statements, arguing that the court should avoid language that may appear to target or label entire communities.
The handbook’s foreword, written by the then CJI Chandrachud, explains how the publication was developed. It mentions that the handbook
“was conceptualised during the COVID-19 pandemic and was originally envisaged as a part of the knowledge component of the e-Committee of the Supreme Court of India”.
The foreword also acknowledges contributions from members of the Social Justice Sub-Committee of the e-Committee, including Moushumi Bhattacharya, Prathiba Singh, and Professor Jhuma Sen.
It further states that the publication “appreciates the work” of officials from the Supreme Court’s Centre for Research and Planning
“for their valuable inputs and editing, as well as for coordinating the publication of the Handbook”.
When contacted regarding the recent developments, former CJI Chandrachud said that he did not wish to comment on the issue.
The Supreme Court has now asked the expert committee to examine earlier initiatives and suggest improvements. Importantly, the court stressed that the new guidelines should be easy to understand and practical for use by judges and other stakeholders in the justice system.
The order states that the committee will ensure
“that the (new) Draft Guidelines are devised in a manner so that they may be understood and utilised easily by such persons…in simple language comprehensible to laypersons, whose interests the guidelines seek to protect”.
The bench also highlighted that the language used in the guidelines should not be overly technical or influenced heavily by foreign legal terminology. It observed that
“The guidelines, we expect, will not be loaded with heavy, complicated expressions borne from foreign languages and jurisdictions. They must be contextualised in the real and lived experience of the stakeholders in the Indian judicial process, with direct reference to the ethos, values, and social fabric of our country,” the court said.
According to sources, once the committee prepares its report and drafts the new guidelines, they will be placed before the full court of the Supreme Court. This step is intended to ensure broader consultation and collective agreement among all judges before the guidelines are formally adopted.
This latest move indicates that the Supreme Court is seeking a more inclusive and carefully structured approach to improving judicial sensitivity, particularly in cases involving sexual violence and vulnerable victims, while ensuring that future guidelines are practical, balanced, and easily understandable.
Click Here to Read Our Reports on Sexual Violence
