GS 2: Social JusticeGS 2: PolityEthics

'Dominant caste men used sexual violence as tool': After unease, SC reviews handbook, Pg3

Supreme Court reviews handbook to promote sensitivity among judges in sexual offence cases, addressing gender representation and judicial perspective.

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Key Highlights:

  • The Supreme Court is framing new guidelines to promote sensitivity among judges in cases involving sexual offences and vulnerable victims.
  • CJI Surya Kant emphasized the need for greater representation of women in the judiciary to ensure equal opportunity.
  • CJI Kant urged High Court collegiums to take concrete steps to improve women's representation, including considering Supreme Court advocates.
  • Justice BV Nagarathna highlighted that the central challenge is the retention of women in litigation long enough to reach elevation.

Detailed Insights:

  • The Supreme Court's move to frame fresh guidelines follows unease within the court regarding a previous attempt to address sensitivity in cases of sexual offences.
  • CJI Surya Kant stated that the justice system must inspire confidence among Indian women, emphasizing that greater representation of women in the judiciary is not about preference but about ensuring a fair starting line in the legal profession.
  • CJI Kant pointed to institutional measures, such as reserving at least 30% of seats in State Bar Councils for women, to strengthen the pipeline of women in the profession.
  • Justice Nagarathna attributed the attrition of women in the legal profession to structural barriers both within and outside the profession, including potential barriers from the bench.
  • Justice Ujjal Bhuyan noted that objective selection processes lead to significant numbers of women entering the profession, and the composition of the judiciary influences how justice is perceived.

Key Concepts Involved:

  • Collegium: A system where appointments and transfers of judges are decided by a body of senior judges.
  • Judicial Sensitivity: Awareness and understanding of the nuances and vulnerabilities of victims, especially in cases of sexual offences.
  • Representation: The presence and inclusion of individuals from diverse backgrounds in institutions like the judiciary.
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