Why in news?

The Supreme Court has signalled a shift in its approach to gender sensitivity by moving beyond the 2023 Handbook on Combating Gender Stereotypes, issued under former CJI D Y Chandrachud. Current Chief Justice Surya Kant described the handbook as overly academic and stressed the need for more practical, ground-level judicial training.

The observations arose during a suo motu hearing of an Allahabad High Court ruling that had controversially termed certain acts—such as grabbing a victim’s breasts and loosening her pyjama string—as mere “preparation” rather than an “attempt” to rape. The Supreme Court had earlier stayed the judgment and, later, formally set it aside.

The bench directed the trial court to proceed with attempt-to-rape charges, underscoring the judiciary’s commitment to a more sensitive and legally sound interpretation in sexual assault cases.

What’s in Today’s Article?

• Shift from Handbook to Institutional Training
• Inside the 2023 Gender Stereotypes Handbook

Shift from Handbook to Institutional Training

• During the hearing, the Supreme Court questioned the practical utility of the 2023 Handbook on Combating Gender Stereotypes.
• The bench observed that the handbook relied on “forensic meanings” — technical or clinical interpretations — which may not reflect survivors’ lived realities or common social understanding.
• CJI Surya Kant described the document as “too Harvard-oriented,” suggesting it was overly theoretical and disconnected from India’s ground realities.
• The Court noted that merely issuing a handbook to guide High Court judges “serves no purpose” if it does not translate into meaningful change.
• Instead of relying on advisory texts, the bench emphasised the need for structured institutional reform.
• Role of the National Judicial Academy
  • The Court directed the National Judicial Academy (NJA), Bhopal, to constitute a committee of domain experts, academics, and lawyers to draft practical training guidelines.
  • These will become part of the NJA’s curriculum for High Court judges.
  • Once finalised, judges will undergo batch-wise training focused on handling sexual assault cases with sensitivity and legal clarity.
  • Senior advocates have been engaged to assist in refining the new guidelines, ensuring they balance legal precision with survivor-centric sensitivity.

Inside the 2023 Gender Stereotypes Handbook

• Released in August 2023, the 35-page Handbook on Combating Gender Stereotypes aimed to eliminate patriarchal language and biased reasoning from judicial decisions.
• In his foreword, then CJI D.Y. Chandrachud emphasised that language shapes justice, warning that stereotypes distort the law’s application to women.
• Reforming Courtroom Language
  • A major section of the handbook provided a glossary identifying “Incorrect” (stereotype-promoting) terms and suggesting “Preferred” alternatives.
  • Examples of Suggested Changes
    • “Adulteress” → “Woman who has engaged in sexual relations outside marriage”
    • “Eve teasing” → “Street sexual harassment”
    • “Child prostitute” → “Child who has been trafficked”
    • “Housewife” → “Homemaker”
    • Avoiding terms like “fallen woman” or “woman of easy virtue”
  • On “survivor” vs “victim,” it stated that both are valid but the individual’s preference should be respected.
• Challenging Judicial Reasoning Patterns
  • Beyond vocabulary, the handbook sought to dismantle stereotypes in judicial thinking, particularly in sexual offence cases.
  • Inherent Characteristics - It rejected assumptions such as:
    • Women are overly emotional or illogical
    • All women want children
    • Young women cannot take major life decisions
  • The handbook clarified that gender does not determine rationality or autonomy.
  • Gender Roles - It challenged beliefs that:
    • Working women are negligent mothers
    • Women must be submissive
  • It reaffirmed constitutional guarantees of equality and dignity.
• Approach to Sexual Violence Cases
  • The handbook addressed evidentiary misconceptions in rape trials:
    • Clothing, alcohol consumption, or lifestyle do not imply consent.
    • Lack of physical resistance does not equal consent.
    • Absence of injuries does not invalidate testimony.
• Judicial Precedents Cited
  • The handbook grounded its guidance in Supreme Court rulings, including:
    • State of Punjab v. Gurmit Singh (1996) — Survivor testimony is inherently credible.
    • State of Jharkhand v. Shailendra Kumar Rai (2022) — Banned the “two-finger test”.