New Delhi: Concerns about broad references to caste and sexual violence in the Supreme Court's 2023 Handbook on Combating Gender Stereotypes have led the court to rethink its judicial sensitization efforts. The handbook challenges the stereotype that "dominant caste men do not want to engage in sexual relations with women from oppressed castes," dismissing rape allegations by such women against dominant caste men as false. It argues instead that rape has historically served as a tool for social control and upholding caste hierarchies. Some judges, however, view these generalizations as unfairly targeting entire communities.
Last month, the Supreme Court directed the creation of new guidelines to foster greater sensitivity among judges, especially in sexual offense cases involving vulnerable victims.
On February 10, a bench led by Chief Justice Surya Kant, with Justices Joymalya Bagchi and N V Anjaria, tasked National Judicial Academy Director Justice Aniruddha Bose—a former Supreme Court judge—with forming an expert committee. The panel must prepare a comprehensive report on past initiatives to inform the fresh guidelines.
The 2023 handbook, launched under then-Chief Justice D Y Chandrachud, helps judges spot and counter stereotypes about women. It includes a glossary of gender-unjust terms with suggested alternatives for pleadings, orders, and judgments.
The order highlighted that parts of the handbook use language too complex for ordinary readers. Sources note judicial unease over its adoption process and content, which some fear could entrench biases rather than eliminate them. Ideally, they say, the full court should have discussed and approved it first.
The handbook's foreword explains its origins in the Supreme Court's e-Committee during the COVID-19 pandemic. It credits the Social Justice Sub-Committee—Justices Moushumi Bhattacharya (Calcutta High Court) and Prathiba Singh (Delhi High Court), plus Professor Jhuma Sen—along with the Supreme Court’s Centre for Research and Planning for inputs and editing.
The bench stressed the need for judges to show more sensitivity in decisions and procedures, noting past constitutional court efforts fell short. It directed the committee to review prior measures and draft guidelines in simple, accessible language—grounded in India's social realities, not foreign jargon.
Sources indicate the final report will go before the full court for all judges' input before adoption.