Supreme Court Report Advocates for Gender Sensitivity in Judicial Language
The Supreme Court of India has published a comprehensive report that calls for a more sensitive and neutral approach in the language used by judges in cases involving sexual offences. Spearheaded by former Supreme Court Judge Justice Aniruddha Bose, the report emphasizes the importance of eliminating outdated and offensive terminology from judicial proceedings.
The report, titled Judgments and Gender: Sensitivity and Compassion in Writing Judgments, strongly advises against using terms such as “prosecutrix”, “helpless woman”, “lost her chastity”, and “outraged her modesty.” Instead, it encourages the use of survivor-centric terms like “victim”, “survivor”, “complainant”, “bodily autonomy”, and “sexual assault.”
As part of an extensive research project, the committee analyzed 125 trial court judgments with the assistance of State judicial academies. The findings revealed inconsistencies in the sensitivity and approach of judges when handling cases involving victims, witnesses, and vulnerable groups.
Justice Bose’s committee underscores that adopting sensitive judicial language is not merely an act of politeness but is crucial for ensuring fairness, dignity, and impartiality during adjudication. The report warns against asking stereotypical or blaming questions and urges judges to refrain from forcing victims to interact with the accused.
Addressing Rape Myths and Misconceptions
The report highlights that judicial attitudes in cases involving unconscious women often perpetuate “rape myths” and focus on questioning the victim’s credibility rather than the accused’s conduct. It calls for comprehensive policies, supportive systems, and public awareness campaigns to reduce stigma and misconceptions regarding victims of sexual crimes.
The report provides specific recommendations for rephrasing problematic expressions commonly found in judgments related to sexual offences. For example, it suggests replacing “the body of women as playground” with “violated bodily autonomy of complainant or victim,” and using “the survivor experienced harm or trauma” instead of “victimisation, soul destroyed.”
Promoting Judicial Fairness and Dignity
The committee emphasizes that phrases like “honour”, “shame”, “chastity”, “bashfulness”, and “sanctity” are rooted in patriarchal principles and are inappropriate in legal contexts. Courts should focus on consent, dignity, bodily autonomy, and constitutional rights.
Additionally, the report advises against using terms like “lust” in connection with sexual assault, as it may imply that uncontrollable sexual desire is a natural phenomenon, thereby diminishing the seriousness of the crime. Instead, legally precise expressions such as “sexual assault”, “sexual violence”, or “offence” should be used.
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Judges are also cautioned against drawing adverse conclusions based on delayed reporting, absence of injuries, or lack of physical resistance by the survivor. These factors do not imply consent, and courts should avoid making inferences based on stereotypical expectations of victim behavior.
Ensuring Dignity and Respect in Court Proceedings
The report stresses that judges should not allow insulting or intrusive cross-examinations, particularly those concerning a survivor’s sexual history. It is crucial for the judicial process to maintain the dignity and respect of individuals involved in such sensitive cases.
Finally, the report makes several recommendations for pre-trial counselling, in-camera proceedings, witness protection measures, and legal assistance for survivors. Judges are encouraged to proactively ensure the safety and comfort of victims and witnesses without waiting for formal requests.
This initiative follows a Supreme Court judgment from February 2026, which called for guidelines to instill sensitivity and compassion among judges dealing with sexual offences and other cases involving vulnerable persons. The committee, besides Justice Bose, includes former Gujarat High Court Chief Justice Sonia G. Gokani, former Madhya Pradesh Director General of Police Anuradha Shankar, Supreme Court lawyer Dr. Surat Singh, and North-Eastern Hill University Professor Lucy T.V. Zehol, with assistance from Dr. Sonam Jain and District Judge Shrish Kailash Shukul.
