·The Hindu·15 marks·250–350 wordsPolity

Discuss how the Supreme Court's 2026 report on 'Judgments and Gender' marks a shift from language reform to procedural reform in judicial gender sensitivity.

In this answer
  1. The 2023 baseline: a lexical intervention
  2. The 2026 turn: from words to courtroom conduct
  3. A qualified shift

The Supreme Court's February 10, 2026 verdict — setting aside an Allahabad High Court order that treated a sexual assault as mere "preparation" — directed the National Judicial Academy (NJA), Bhopal to frame practical guidelines for judicial sensitivity [2]. The resulting report, 'Judgments and Gender: Sensitivity and Compassion in Writing Judgments', moves gender sensitivity from correcting vocabulary to reforming process.

The 2023 baseline: a lexical intervention

  • The Handbook on Combating Gender Stereotypes (2023) was essentially a glossary, listing "gender-unjust" terms with suggested alternatives, and mapping stereotypes of inherent characteristics, gender roles and sexual violence [1].
  • Its unit of reform was the written judgment — it disciplined how a judge described a woman, not how a court treated her.

The 2026 turn: from words to courtroom conduct

  • Drafted by a five-member expert committee under Justice Aniruddha Bose, Director, NJA, it rests on an empirical base of 125 trial court judgments plus questionnaires with judicial officers, witnesses and victims — evidence-led, unlike the 2023 booklet [3][4].
  • Its concerns are procedural: managing cross-examination, limiting humiliating questioning, norms for in-camera proceedings, support persons, translation and disability access [2].
  • The animating idea is trauma-informed adjudication — preventing secondary victimisation during trial, an ethical duty of compassion rather than mere linguistic hygiene [3].
  • Institutionally, it embeds the NJA and State Judicial Academies as the standing machinery for judicial training, converting advice into practice directions [2][4].

A qualified shift

  • Its scope narrows to sexual violence, unlike the 2023 handbook's wider reach into family and workplace contexts [3].
  • Being a handbook, it remains training-led, dependent on judicial internalisation rather than statutory backing.

The shift signals that gender bias resides in courtroom practice, not only in prose. Institutionalised through judicial academies and periodic empirical review, it can make Article 21's promise of a dignified trial real for survivors.

Sources

  1. 1Handbook on Combating Gender Stereotypes, Supreme Court of India (2023)2023 glossary-based approach and stereotype categories
  2. 2Supreme Court Observer, "Why the Supreme Court wants new rules for sexual offence trials"February 2026 direction to the NJA, Justice Bose committee, and the procedural/courtroom concerns
  3. 3Supreme Court Observer, "From Boston to Bhopal? The SC's new publication on gender stereotypes"125 trial court judgments examined, empirical method, narrower sexual-violence scope
  4. 4National Judicial Academy, Bhopal — PublicationsNJA's institutional role in judicial training and guidance material
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