Supreme Court Criticizes 2023 Gender Stereotype Handbook as 'Too Harvard-Oriented'
The Supreme Court of India has initiated a significant review of its 2023 "Handbook on Combating Gender Stereotypes," with Chief Justice Surya Kant expressing concerns that the document is overly academic and disconnected from practical judicial realities. This development marks a potential shift in the judiciary's approach to gender sensitivity training.
Background: The Allahabad High Court Case
The Supreme Court's observations emerged during a suo motu hearing concerning a controversial Allahabad High Court judgment from March 2025. The High Court had ruled that acts including "grabbing the breasts" and loosening a female victim's pyjama string constituted only "preparation" for rape rather than an "attempt" to commit rape.
This distinction between preparation and attempt sparked widespread criticism for apparent insensitivity toward sexual violence survivors. The Supreme Court had previously taken cognizance of this judgment, ordering a stay and expressing concern over the judicial approach.
On Tuesday, a bench comprising CJI Surya Kant and Justices Joymalya Bagchi and N V Anjaria formally set aside the High Court's verdict. The bench directed the trial court to proceed against the accused under attempt to rape charges, signaling a more survivor-centric interpretation of sexual violence laws.
CJI Kant's Critique: 'Too Harvard-Oriented'
During the hearing, the utility of the 2023 handbook in preventing insensitive judgments came under scrutiny. CJI Kant remarked that the handbook was "too Harvard-oriented," suggesting it was excessively elite and theoretical for the Indian judicial context. The comment referenced former CJI D Y Chandrachud's educational background at Harvard Law School.
CJI Kant emphasized that merely issuing a handbook to "sermonise" High Court judges from the Supreme Court "serves no purpose." He noted that the existing document offered forensic meanings to various aspects of sexual assault, which might not align with survivors' lived experiences or common understanding.
The bench identified a crucial gap between theoretical guidelines and practical application in courtrooms across India.
Shift Toward Practical Judicial Training
In response to these concerns, the Supreme Court has pivoted toward institutional training mechanisms. The bench directed the National Judicial Academy (NJA) in Bhopal to form a committee comprising domain experts, academics, and practicing lawyers.
This committee will frame new guidelines for practical training of judges, which will become part of the NJA's study material. The court noted that High Court judges should receive training in batches at the NJA once guidelines are finalized, specifically focusing on handling sexual assault cases with appropriate sensitivity.
Senior advocates Shobha Gupta and H S Phoolka have been appointed to assist in fine-tuning these new practical guidelines, bringing extensive courtroom experience to the process.
Content of the 2023 Handbook
The handbook being revisited is a 35-page guide released in August 2023 under former CJI Chandrachud's tenure. In his foreword, Chandrachud emphasized that "language is critical to the life of the law" and that relying on stereotypes "distorts the law's application to women in harmful ways."
The document was structured to address two primary areas:
- Language used in courts: The handbook contained a glossary flagging "stereotype promoting language" labeled "Incorrect" and providing "alternative language" labeled "Preferred."
- Reasoning patterns used by judges: The document attempted to dismantle common assumptions made during trials, particularly in sexual offence cases.
Key language recommendations included:
- Replacing "adulteress" with "woman who has engaged in sexual relations outside of marriage"
- Substituting "eve teasing" with "street sexual harassment"
- Changing "child prostitute" to "child who has been trafficked"
- Using "homemaker" instead of "housewife"
- Avoiding morality-judging terms like "fallen woman," "harlot," "seductress," and "woman of easy virtue" in favor of simply "woman"
The handbook clarified that both "survivor" and "victim" are applicable terms, but the individual's preference should be respected.
Addressing Judicial Assumptions
Beyond vocabulary, the handbook categorized and rebutted common judicial assumptions into three areas:
Stereotypes based on inherent characteristics: The document challenged notions that women are "overly emotional, illogical, and cannot take decisions," stating that gender does not determine rational capacity. It also countered assumptions that "all women want to have children" and that "young women are incapable of taking important decisions about their lives."
Stereotypes based on gender roles: The handbook addressed assumptions that women working outside the home are negligent mothers or that women should be submissive to men. It emphasized constitutional guarantees of equal rights and women's autonomy.
Stereotypes regarding sexual violence: This section addressed how evidence is appreciated in rape trials, explicitly stating that a woman's choice of clothing or consumption of alcohol or cigarettes does not constitute an invitation for sexual relations. It also countered judicial tendencies to disbelieve victims who didn't physically resist, noting that absence of physical injuries doesn't imply consent, as perpetrators often use fear and intimidation.
The 2023 handbook supported its directives by citing several Supreme Court decisions, including State of Punjab v Gurmit Singh (1996), which established that a survivor's testimony is inherently credible, and State of Jharkhand v Shailendra Kumar Rai (2022), which banned the "two-finger test."
The Supreme Court's current review represents a significant evolution in India's judicial approach to gender sensitivity, moving from theoretical guidelines toward practical, context-specific training that acknowledges the diverse realities of Indian courtrooms and litigants.
