Gender Sensitivity in the Indian Judiciary
Supreme Court Report
A new Supreme Court report titled "Judgments and Gender: Sensitivity and Compassion in Writing Judgments", published on Monday, provides key recommendations to enhance gender sensitivity in the judiciary. Authored by a committee led by former Supreme Court judge Justice Aniruddha Bose, the report emphasizes practical courtroom management and aims to prevent the secondary traumatization of sexual assault survivors.
Key Recommendations
- Emotional Quotient Development: Judges should cultivate an "Emotional Quotient" alongside their intelligence to better handle cases involving crimes against women.
- Compassionate Court Practices:
- Control aggressive cross-examinations and prevent re-traumatization.
- Use provisions of the Bharatiya Sakshya Adhiniyam to prevent inappropriate questioning about a survivor's sexual history.
- Treat witnesses as "guests" to encourage their testimony.
- Provide pre-trial counseling for victims and conduct trials in camera to maintain privacy.
Language and Stereotypes
The report stresses the importance of language in court proceedings and recommends avoiding moralistic and patriarchal terms. It builds on the 2023 handbook that sought to replace stereotype-promoting language with neutral legal terms.
Background and Need for New Report
The need for a new report emerged from a 2025 Allahabad High Court judgment that trivialized a sexual harassment case. The Supreme Court criticized the 2023 handbook for being overly theoretical. The new report aims to offer practical guidelines for judges by analyzing trial court verdicts and providing a list of problematic phrases to avoid.
