Gender Stereotype Handbook Revisited: Supreme Court Signals Shift in Judicial Training

Gender Stereotype Handbook Latest News

• The Supreme Court has signalled a shift in its approach to gender sensitivity by moving beyond the 2023 Handbook on Combating Gender Stereotypes, issued under former CJI D Y Chandrachud. 
• Current Chief Justice Surya Kant described the handbook as overly academic and stressed the need for more practical, ground-level judicial training.
• The observations arose during a suo motu hearing of an Allahabad High Court ruling that had controversially termed certain acts—such as grabbing a victim’s breasts and loosening her pyjama string—as mere “preparation” rather than an “attempt” to rape. 
• The Supreme Court had earlier stayed the judgment and, later, formally set it aside. 
• The bench directed the trial court to proceed with attempt-to-rape charges, underscoring the judiciary’s commitment to a more sensitive and legally sound interpretation in sexual assault cases.

Shift from Handbook to Institutional Training

• During the hearing, the Supreme Court questioned the practical utility of the 2023 Handbook on Combating Gender Stereotypes. 
• The bench observed that the handbook relied on “forensic meanings” — technical or clinical interpretations — which may not reflect survivors’ lived realities or common social understanding.
• CJI Surya Kant described the document as “too Harvard-oriented,” suggesting it was overly theoretical and disconnected from India’s ground realities.
• The Court noted that merely issuing a handbook to guide High Court judges “serves no purpose” if it does not translate into meaningful change. 
• Instead of relying on advisory texts, the bench emphasised the need for structured institutional reform.

Role of the National Judicial Academy

• The Court directed the National Judicial Academy (NJA), Bhopal, to constitute a committee of domain experts, academics, and lawyers to draft practical training guidelines. 
• These will become part of the NJA’s curriculum for High Court judges.
• Once finalised, judges will undergo batch-wise training focused on handling sexual assault cases with sensitivity and legal clarity.
• Senior advocates have been engaged to assist in refining the new guidelines, ensuring they balance legal precision with survivor-centric sensitivity.

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Inside the 2023 Gender Stereotypes Handbook

• Released in August 2023, the 35-page Handbook on Combating Gender Stereotypes aimed to eliminate patriarchal language and biased reasoning from judicial decisions.
• In his foreword, then CJI D.Y. Chandrachud emphasised that language shapes justice, warning that stereotypes distort the law’s application to women.

Reforming Courtroom Language

• A major section of the handbook provided a glossary identifying “Incorrect” (stereotype-promoting) terms and suggesting “Preferred” alternatives.
• Examples of Suggested Changes
  • “Adulteress” → “Woman who has engaged in sexual relations outside marriage”
  • “Eve teasing” → “Street sexual harassment”
  • “Child prostitute” → “Child who has been trafficked”
  • “Housewife” → “Homemaker”
  • Avoiding terms like “fallen woman” or “woman of easy virtue”
  • On “survivor” vs “victim,” it stated that both are valid but the individual’s preference should be respected.

Challenging Judicial Reasoning Patterns

• Beyond vocabulary, the handbook sought to dismantle stereotypes in judicial thinking, particularly in sexual offence cases.
• Inherent Characteristics – It rejected assumptions such as:
  • Women are overly emotional or illogical
  • All women want children
  • Young women cannot take major life decisions
• The handbook clarified that gender does not determine rationality or autonomy.
• Gender Roles – It challenged beliefs that:
  • Working women are negligent mothers
  • Women must be submissive
• It reaffirmed constitutional guarantees of equality and dignity.

Approach to Sexual Violence Cases

• The handbook addressed evidentiary misconceptions in rape trials:
  • Clothing, alcohol consumption, or lifestyle do not imply consent.
  • Lack of physical resistance does not equal consent.
  • Absence of injuries does not invalidate testimony.

Judicial Precedents Cited

• The handbook grounded its guidance in Supreme Court rulings, including:
  • State of Punjab v. Gurmit Singh (1996) — Survivor testimony is inherently credible.
  • State of Jharkhand v. Shailendra Kumar Rai (2022) — Banned the “two-finger test”.

Source: IE | ToI