August 5, 2026 8:41 am

SC Guidelines: Rape Case Judgments Based On Evidence Not Victim Character

The National Judicial Academy (NJA), on the directions of the Supreme Court, has issued new guidelines asking judges to exercise greater sensitivity while hearing and writing judgments in cases involving rape and sexual harassment.

The guidelines, contained in the Judicial Sensitivity Handbook, advise judges to base their decisions solely on evidence and avoid references to a survivor’s character, clothing, lifestyle or perceived morality.

Judges have also been asked not to use terms such as lajja bhang’ (outraging modesty), ‘prosecutrix’, ‘helpless woman’, ‘lust’, ‘izzat’ (honour), ‘sharm’ (shame) and ‘pavitrata’ (purity), saying such language reinforces gender stereotypes and may retraumatise survivors.

The handbook was approved by the Supreme Court in July 2026 and has been recommended for adoption by courts across the country.

The expert committee that prepared the handbook was chaired by former Supreme Court judge Aniruddha Bose. The report states that judicial language is central to ensuring fair, dignified and unbiased justice, warning that insensitive remarks and victim-blaming can discourage survivors from seeking legal remedies.

The new guidelines were prepared following a Supreme Court order issued on February 10, 2026, after the court took exception to a controversial Allahabad High Court judgment and directed a review of the 2023 Gender Stereotypes Handbook.

During hearings in December 2025, the Supreme Court observed that insensitive judicial remarks could intimidate survivors and even pressure them to withdraw complaints. In July 2026, the court reiterated the need for judges to adopt a more sensitive approach and directed that fresh guidelines be drafted in line with India’s social context.

The original Gender Stereotypes Handbook was launched in 2023 on the initiative of former Chief Justice of India Dhananjaya Y. Chandrachud to help judges and lawyers identify and avoid stereotypical language in court proceedings and judgments.

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