The Supreme Court of India has ordered the nationwide distribution of comprehensive guidelines aimed at ensuring courts handle sexual offence survivors with greater empathy and sensitivity.
A three-judge bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana directed on Tuesday that the framework be circulated to all high courts, district courts, State Legal Services Authorities, State Law Departments, and Directorates of Prosecution across the country.
Under the court’s directives, state prosecution directorates must ensure these guidelines reach all relevant departments. The bench also emphasized the need to train police personnel on the necessary safeguards to follow while registering First Information Reports (FIRs) and preparing chargesheets in sexual abuse cases.
Chief Justice Kant commended the National Judicial Academy (NJA) in Bhopal for convening the expert committee that compiled the guidelines, characterizing their work as an exceptional effort.
Origins of the Sensitivity Guidelines
The Supreme Court initiated these proceedings in 2025 following widespread public outrage over a ruling by the Allahabad High Court. In that decision, the High Court had ruled that grabbing a minor girl’s breasts and attempting to untie the drawstring of her trousers constituted only preparation to commit rape, rather than an attempt.
That ruling was challenged by the child rights advocacy group Just Rights for Children. The Supreme Court subsequently set aside the High Court’s judgment, declaring it clearly erroneous and contrary to established criminal law. The apex court then reinstated the charge of attempt to rape under the Protection of Children from Sexual Offences (POCSO) Act.
Addressing Judicial Language
The initiative also links back to March 26 of last year, when the Supreme Court took independent notice of insensitive language used in court orders concerning sexual violence, particularly cases involving women and children. The court subsequently tasked the NJA with forming an expert panel to draft guidelines for improving judicial sensitivity, requiring a report within three months.
Welcoming the nationwide rollout, senior advocate H.S. Phoolka, representing the involved non-governmental organization, stated that such guidelines were overdue. He noted that the controversial comments from the Allahabad High Court highlighted the critical need for these standards, adding that their strict implementation is essential to secure dignity and justice for survivors.
