CJI Surya Kant Deems Supreme Court's Gender Stereotype Handbook Ineffective for Commoners
In a significant development, Chief Justice of India Surya Kant has virtually discarded the 'Handbook on Combating Gender Stereotypes,' published by the Supreme Court in 2023. This initiative was spearheaded by the then CJI D Y Chandrachud, a Harvard-educated jurist, with the noble aim of sensitizing and assisting judges and lawyers about gender-unjust terms. However, during proceedings on Tuesday, the CJI criticized the handbook as being too technical and excessively Harvard-oriented, rendering it of little practical assistance to rape survivors and ordinary citizens.
Bench Questions Handbook's Utility in Sensitive Cases
The remarks came during a suo motu case where the bench, comprising CJI Surya Kant and Justices Joymalya Bagchi and N V Anjaria, was addressing the insensitivity displayed in an Allahabad High Court judgment. That controversial ruling had stated that actions such as 'grabbing the breasts' and 'loosening the pyjama string' did not constitute an attempt to rape. The bench expressed concern that the handbook provided forensic meanings to various aspects of sexual assault, which might be incomprehensible to rape survivors, their families, or the general public.
"It is too Harvard-oriented," the CJI asserted, highlighting a disconnect between academic rigor and practical applicability. In response, the bench has directed the National Judicial Academy (NJA) in Bhopal to form a panel. This committee will include domain experts, academicians, and lawyers to revisit the issue, develop new guidelines, and submit a comprehensive report to the apex court.
New Initiative for Judicial Training and Guideline Refinement
The bench emphasized the need for collaboration, stating, "We will take assistance of lawyers, including amicus curiae Shobha Gupta and senior advocate H S Phoolka, to fine-tune it." Once finalized, the NJA is instructed to incorporate this material into study programs for High Court judges. These judges will be called in batches to undergo practical training at the NJA, focusing on the sensitivities required when handling sexual assault cases.
CJI Surya Kant elaborated on this approach, noting, "It serves no purpose to sermonise the HC judges sitting in the Supreme Court. They must get practical training at NJA." This shift aims to move beyond theoretical discussions to hands-on education, ensuring that judicial officers are better equipped to deal with real-world scenarios involving gender-based violence.
Background: Allahabad HC Judgment Overturned and Handbook's Intent
The bench has set aside the Allahabad High Court's decision from March 17, 2025, which had controversially differentiated between preparation for a crime and the attempt to commit it. The Supreme Court has now directed the trial court to proceed against the two accused in the case. This HC judgment had sparked widespread outrage, leading the Supreme Court to take suo motu cognizance on March 26 last year, staying the ruling and expressing anguish over the insensitivity shown by the high court judge.
In the foreword of the 2023 handbook, then CJI Chandrachud had written, "The Handbook identifies common stereotypes about women, many of which have been utilised by courts in the past and demonstrates why they are inaccurate and how they may distort the application of the law. The intention is not to criticise or cast doubt on past judgments but merely to show how stereotypes may unwittingly be employed. Finally, it encapsulates the current doctrine on key legal issues which may be relevant while adjudicating certain cases, particularly those concerning sexual violence." Despite these intentions, the current critique underscores a gap between theoretical frameworks and their practical implementation in aiding victims and commoners.
