By Anuradha Gandhi, Isha Sharma and Abhishekta Sharma
Introduction
In a landmark intervention aimed at restoring dignity to survivors and recalibrating courtroom culture, the Supreme Court of India, in July-August 2026, approved and mandated a comprehensive handbook on “Judgements and Gender (Sensitivity and Compassion in Writing Judgments)[1]” (hereinafter referred to as Handbook) for all courts, police and prosecution agencies. The Guidelines prepared by an Expert Committee of the National Judicial Academy (hereinafter referred to as NJA) under former Supreme Court Justice Aniruddha Bose, replace patriarchal, moralistic and stereotypical language with survivor-centric, trauma-informed practices across FIR registration, trial management, cross examination and judgement writing.
Background
The Handbook was prepared pursuant to a Supreme Court Suo moto writ petition dated February 10, 2026 in “In Re: Order dated 17.03.2025 passed by the High Court of Judicature at Allahabad in Criminal Revision No. 1449/2024 and Ancillary Issues”[2]
The matter was brought to the attention of SC through a letter addressed by a forum “We the Women of India”, setting aside the judgement passed by the Allahabad High Court arising from a High Court’s modification of a summons order that reduced charges under Sections 376 IPC and 18, POCSO Act, to lesser charges under Section 354B IPC and Sections 9-10, POCSO Act.
A Bench led by Chief Justice of India Surya Kant, with Justices Joymalya Bagchi and N.V. Anjaria, directed the NJA to constitute a Committee of Experts to develop a comprehensive report on the subject, “Developing Guidelines to Inculcate Sensitivity and Compassion into Judges and Judicial Processes in the Context of Sexual Offences and Other Vulnerable Cases.”
Supreme Court’s Observations
The SC made observation that proposed guidelines should not meet the same fate as similar initiatives undertaken in the past, particularly the 2023 “Handbook on Combating Gender Stereotypes”. The Court noted that earlier guidelines had not adequately accounted for the linguistic and cultural diversity that characterizes the Indian judicial system, particularly at the District Judiciary and High Court levels. Judicial proceedings and judgements are often shaped by regional languages, idioms, modes of expression and specificities of local context.
(To know more about the earlier handbook read our article https://ssrana.in/articles/supreme-court-launches-handbook-combat-gender-stereotypes/ )
Accordingly, the committee was advised to formulate the guidelines in clear, accessible and comprehensible language so that they could be readily understood by all stakeholders, including laypersons.
Subsequently, on July 14, 2026 the Court approved the committee’s report and directed every court in the country to follow it.
The final publication, titled Judgments and Gender (Sensitivity and Compassion in Writing Judgments) (hereinafter referred to as “The report”), was released on August 03, 2026. It supersedes the Supreme Court’s earlier Handbook on Combating Gender Stereotypes, published in 2023[3].
Key Highlights of the Handbook
- Evolution of gender jurisprudence in India
The report traces the evolution of gender-sensitive judicial jurisprudence in India, from the early recognition of protective discrimination to more recent rulings strengthening dignity, autonomy and protection against gender-based discrimination. It examines the progressive development of workplace and institutional safeguards alongside the recognition of reproductive and sexual autonomy. The jurisprudence has increasingly affirmed the rights of women, children, and transgender persons and from dominant gender harassment leading to the recognition of reproductive and sexual autonomy, affirmation of the rights of women, children, transgender persons, and queer communities, reflecting a broader shift towards a gender-neutral, inclusive and dignity-centered framework and contributing to the building of more equitable and inclusive society. - Gender stereotype language in judgement and alternatives
The handbook provides a compilation of common gendered and stereotypical expression found in judicial discourse along with neutral alternatives and offers guidance on regional terminology, transgender identities, and SOGIESC (sexual orientations, gender identities, expressions, and sex characteristics) to safeguard individual dignity.
Citing the case of Phul Singh v. State of Haryana[4], handbook mentions that there are issues with both the words used by the Court and the way it decided on the sentence, if looked through gender justice lens raises concern. Accused of the crime was said to be motivated by “sex stress” and other phrases that may be considered inappropriate today. Use of sensitive expressions has become a critical component in judgment writing on gender related cases in contemporary jurisprudence. The handbook therefore provide a glossary of word outlining problematic word and suggesting alternative for the same after analyzing 125 trial court judgements.
Further, referring to Aparna Bhat v. State of Madhya Pradesh[5], the Hon’ble Supreme Court stressed the importance of gender-sensitive judicial language. - The Rule Against Stereotyping in Practice
The report translates the abstract Rule against Stereotyping into working instructions for trial courts. It directs that judges must not speculate on a victim’s clothing, lifestyle or personal habits, and must not comment on a complainant’s sexual history. It expressly states that a survivor’s previous sexual history is immaterial to a rape trial, reinforcing the statutory bar under the Sections 154[6] and 155[7] of Bharatiya Sakshya Adhiniyam, 2023 on indecent, scandalous or offensive cross-examination. Presiding officers are directed to actively intervene to strike out questions that are irrelevant, humiliating, or aimed merely at attacking the survivor’s character rather than testing the evidence. - Trauma-Informed Judging
The handbook cautions judges against drawing adverse inferences from a victim’s post-occurrence behavior, delayed reporting or the lack of resistance does not amount to consent. Recognizing that individuals respond to trauma in markedly different ways. Judges are encouraged to assess credibility against this trauma-informed baseline rather than against inherited assumptions about how a “real” victim ought to behave. - Victim and Witness Protection
The report calls for the Witness Protection Scheme, 2018, upheld by the Supreme Court in Mahender Chawla v. Union of India (2018)[8] to be strengthened and made available without insisting on formal applications, and for legal assistance to be provided from the FIR stage itself. Trial judges are asked to verify, on their own initiative, that victims of serious offences have received legal aid and access to victim compensation schemes, rather than waiting for the victim to seek these out.
The report also asks courts to treat witnesses “as guests” of the court, avoiding long waiting hours, unnecessary adjournments, and hostile or intimidating courtroom environments that discourage witnesses from testifying. - In-Camera Trials and Identity Protection
Trial courts are reminded of their obligation to hold rape and POCSO-related trials in-camera under Section 366(2)[9] of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and to use pseudonyms or initials rather than a survivor’s full name in judgments intended for public record. - Pre-Trial Counselling and Child-Sensitive Procedures
The Committee recommends mandatory pre-trial legal and psychological counselling to reduce a survivor’s anxiety and prepare them for the experience of testifying, along with child-sensitive procedures, such as the use of video-conferencing and vulnerable-witness deposition rooms in cases involving minors. - Sensitivity and training
The report calls for inculcating sensitivity and empathy at all levels, in all cadres, along with imparting training of substantive laws, the judges would also require to be trained on soft-skills.
Conclusion
The report marks the Supreme Court’s second attempt in three years to reform how Indian courts speak about, and to, survivors of sexual violence. By moving from a glossary of forbidden words to a working manual for FIR registration, trial management, cross-examination and judgment writing, the Committee has tried to close the gap the 2023 handbook could not: the gap between what judges are told to say and what actually happens inside a trial court.
[2] SCC OnLine SC 207
[3] https://cdnbbsr.s3waas.gov.in/s3ec0490f1f4972d133619a60c30f3559e/uploads/2024/01/2024012544.pdf
[4] (1979) 4 SCC 413
[5] (2021) 3 SCC 247
[6] https://indiankanoon.org/doc/134443032/
[7] https://indiankanoon.org/doc/43977432/
[8] (2019) 14 SCC 615