·The Hindu·15 marks·250–350 wordsPolity

Examine the limitations of relying on judicial handbooks, rather than legislative or institutional reform, to address gender bias in the justice delivery system.

In this answer
  1. What handbooks do achieve
  2. Limitations of the handbook route
  3. Why legislative and institutional reform is indispensable

The Supreme Court's 2026 report, 'Judgments and Gender: Sensitivity and Compassion in Writing Judgments', approved by a CJI Surya Kant-led Bench and made binding on all courts, replaces the 2023 stereotype handbook [1][2]. While such handbooks reform judicial language and conduct, they can only partly correct a bias that is structural, not merely textual.

What handbooks do achieve

  • The 2023 Handbook on Combating Gender Stereotypes supplied a glossary replacing terms like "eve teasing" and "seductress" with gender-just alternatives [2].
  • The 2026 report, drafted by a Justice Aniruddha Bose committee after reviewing 125 trial court judgments with State Judicial Academies and DLSAs, extends this to courtroom management, victim protection and trauma-informed adjudication [1].

Limitations of the handbook route

  • No statutory force: they create no enforceable right or penalty; compliance depends on judicial self-discipline. Even binding directions in Aparna Bhat v. State of M.P. (2021) mandating gender-sensitisation modules did not prevent the insensitive High Court order the Court had to set aside in February 2026 [3].
  • Narrow reach: bias enters long before judgment-writing — at FIR registration, investigation, medical examination and prosecution — actors a court handbook cannot bind.
  • Cannot supply capacity: sensitivity is meaningless where Fast Track Special Courts and exclusive POCSO courts remain thinly spread and burdened by pendency [4].
  • No monitoring mechanism or appellate consequence for non-observance, unlike statutory duties.

Why legislative and institutional reform is indispensable

  • The Justice Verma Committee (2013) route shows how substantive change follows statute — redefining sexual assault and reforming evidence and procedure [5].
  • Institutional measures — victim compensation, support persons, in-camera and vulnerable-witness facilities, and greater representation of women in the judiciary and police — alter incentives, not just vocabulary.

Handbooks are best seen as a necessary first layer of judicial socialisation rather than a substitute for law. Their true value will be realised when their protocols are embedded in judicial training, service rules and procedural codes, backed by measurable compliance audits — advancing the promise of substantive equality under Articles 14, 15 and 21 and SDG-5 on gender equality.

Sources

  1. 1National Judicial Academy, Bhopal — 'Judgments and Gender' expert committee report (2026)2026 report's authorship, evidence base of 125 trial court judgments, and mandatory compliance directive
  2. 2Supreme Court of India, Handbook on Combating Gender Stereotypes (2023)glossary-based, language-focused approach
  3. 3Aparna Bhat v. State of Madhya Pradesh (2021)directions on gender-sensitisation training for judges
  4. 4PIB — Fast Track Special Courts including exclusive POCSO Courtsinstitutional capacity and pendency in sexual offence trials
  5. 5PRS Legislative Research — Justice Verma Committee Report Summarylegislative route to reforming law on sexual offences
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