How the Supreme Court's new handbook aims to make justice more survivor-centric
The Supreme Court released a report on Monday (August 3, 2026) recommending changes to how judges write judgments and conduct proceedings in cases involving sexual offences and vulnerable persons. The report replaces patriarchal language with survivor-centric terminology and advocates trauma-informed courtroom practices to prevent the re-traumatisation of victims.
Titled “Judgments and Gender: Sensitivity and Compassion in Writing Judgments”, the report was drafted by an expert committee headed by former Supreme Court judge Justice Aniruddha Bose, who is also the Director of the National Judicial Academy (NJA) in Bhopal. It builds on the court’s 2023 “Handbook on Combating Gender Stereotypes”, which focused mainly on helping judges identify and avoid gender stereotypes. The new report broadens that approach by recommending practical reforms in courtroom management, victim protection, judicial reasoning, and trauma-informed adjudication. Before finalising its recommendations, the committee examined 125 trial court judgments from across the country with assistance from State Judicial Academies.
The need for a fresh handbook arose from the Supreme Court’s February 10, 2026 judgment setting aside an Allahabad High Court ruling. The High Court had held that grabbing a 14-year-old girl’s breasts, dragging her towards a culvert, and breaking the string of her lower garment amounted only to “preparation” to commit rape, not an “attempt”. The Supreme Court took suo motu cognisance of the ruling after widespread criticism of the High Court’s distinction as insensitive. During proceedings, questions were also raised about whether the 2023 handbook had been effective in preventing such flawed reasoning. Chief Justice of India Surya Kant remarked that the handbook was “too Harvard-oriented”, suggesting it was overly theoretical and did not reflect the realities of the Indian judicial system. He called for practical training, saying it “serves no purpose to sermonise” High Court judges while sitting in the Supreme Court. The court directed the NJA to constitute a committee of domain experts, academics, and lawyers to formulate fresh guidelines geared towards practical training.
The new report cautions that judicial observations rooted in stereotypes can deter survivors from reporting offences, reinforce prejudices, and undermine confidence in the justice system. While both the 2023 handbook and the 2026 report contain glossaries of terms to avoid, their focus differs. The 2023 handbook largely sought to replace stereotypical, colloquial, or outdated expressions with neutral and legally appropriate terminology. For instance, it recommended “street sexual harassment” instead of “eve teasing”, and “homemaker” instead of “housewife”. It also challenged broader assumptions about women, such as the idea that they are inherently emotional or invariably want to have children.
The 2026 report, in contrast, focuses more closely on problematic expressions that frequently appear in trial court judgments, particularly in sexual offence cases. Notably, it recommends replacing “prosecutrix” with “victim”, “survivor”, or “complainant”, noting that the former is essentially a procedural label, while the alternatives better acknowledge the lived realities of those approaching the justice system. The report also seeks to steer judicial writing away from language that blames or discredits survivors, and promotes a trauma-informed approach that recognises the psychological impact of sexual violence.
By moving from abstract principles to actionable guidance, the report aims to ensure that judges at all levels adopt language and practices that uphold the dignity of survivors. The change is expected to have a significant impact on how sexual offence cases are tried and judged across India.
