How SC's Gender Guide Differs From the 2023 Version, Pg12

Key Highlights:

• The Supreme Court published a new report titled 'Judgments and Gender: Sensitivity and compassion in writing judgments' on Monday.
• Drafted by an expert panel led by retired Justice Aniruddha Bose, the report aims to enhance gender sensitivity within the Indian judiciary.
• It recommends that trial court judges actively prevent secondary traumatization of sexual assault survivors and control aggressive cross-examinations.
• The report emphasizes the need for judges to develop an "Emotional Quotient" alongside their Intelligence Quotient for handling cases involving crimes against women.
• This new report marks a shift from the 2023 handbook, focusing on "compassionate court practices" rather than solely on avoiding patriarchal language.

SC Gender Report.jpg

Detailed Insights:

• The report highlights how survivors often face insensitive remarks from police and authorities, leading to further trauma and deterring them from seeking justice.
• It advocates for "compassionate court practices" and urges judges to utilize provisions of the Bharatiya Sakshya Adhiniyam to prevent indecent or annoying questions, especially concerning a survivor's sexual history.
• Recommendations include treating witnesses as "guests," providing pre-trial counselling for victims, and holding trials for sexual offenses in private, closed-door proceedings.
• Unlike the 2023 handbook, which focused on replacing colloquial terms, the 2026 report targets moralistic phrases found in trial court judgments, based on an analysis of 125 verdicts.
• The impetus for this new report stemmed from a March 2025 Allahabad High Court judgment, which the Supreme Court later set aside suo motu in February 2026.
• Then Chief Justice of India (CJI) Surya Kant had criticized the 2023 handbook as "too Harvard-oriented" and directed the National Judicial Academy to formulate practical training guidelines.

Key Concepts Involved:

• Emotional Quotient (EQ): The capacity to understand, use, and manage one's own emotions in positive ways to relieve stress, communicate effectively, empathize with others, overcome challenges, and defuse conflict.
• Bharatiya Sakshya Adhiniyam: A new law that replaced the Indian Evidence Act, 1872, governing the admissibility of evidence in Indian courts.
• Suo Motu Cognisance: The power of a court to take notice of a matter on its own initiative, without any formal petition or application from any party.
• National Judicial Academy: An institution established by the Supreme Court of India to provide training and continuing education to judicial officers across the country.