Why top court is revisiting its guide on gender stereotypes, Pg16

Key Highlights:

• The Supreme Court is revisiting the "Handbook on Combating Gender Stereotypes" issued in August 2023.
• CJI Surya Kant found the handbook too academic and disconnected from the realities faced by litigants.
• The SC set aside an Allahabad High Court judgment that trivialized sexual assault, ordering a retrial.
• The National Judicial Academy in Bhopal will form an expert committee to frame new guidelines.

Detailed Insights:

• The 2023 handbook aimed to address biased language and reasoning in courts, providing alternative language to avoid stereotypes.
• The handbook challenged assumptions about women's emotional capacity, rationality, and role in sexual offence cases.
• CJI Kant criticized the handbook as being overly theoretical ("too Harvard-oriented") and ineffective for practical application in Indian courts.
• The SC emphasized the need for practical training for High Court judges to handle the sensitivities of sexual assault cases effectively.
• The original handbook cited SC decisions like State of Punjab v Gurmit Singh (1996) and State of Jharkhand vs Shailendra Kumar Rai (2022) to support its directives.

Key Concepts Involved:

• Gender Stereotypes: Oversimplified and often unfair beliefs about the characteristics of all men and women.
• Suo Motu: A Latin term meaning "on its own motion," referring to a court taking up a case without a formal request from a party.
• Sexual Assault: Any sexual act without consent, obtained through force, intimidation, or coercion.