No gender stereotypes, moralistic observations or victim-blaming language: SC approves survivor-centric judicial guidelines

NEW DELHI: The Supreme Court has approved comprehensive guidelines directing judges to adopt a survivor-centric approach while dealing with sexual assault cases, emphasising dignity, constitutional rights and consent over stereotypes and social morality.

The guidelines were prepared by an expert committee headed by former Supreme Court judge Justice Aniruddha Bose under the National Judicial Academy. A Bench led by Chief Justice Surya Kant approved the framework.

The guidelines state that survivors should be treated as guests of the court and protected from humiliating or intimidating courtroom experiences. Courts should not permit aggressive or insulting cross-examination by defence counsel, avoid making survivors wait for prolonged periods before recording their testimony, and ensure in-camera proceedings to protect their privacy.

Judges have also been advised against asking questions that blame or stereotype survivors, including why they were at a particular place, why they wore certain clothes, why there was a delay in reporting the incident, or why they were not accompanied by a male relative. The guidelines underline that the primary issue in such cases is whether there was consent, and that judicial findings must rest on evidence rather than assumptions based on clothing, conduct, lifestyle or prior acquaintance with the accused.

The framework further cautions judges against making observations about how a survivor ought to have behaved or commenting on the survivor's morality, character or personal dignity.

Survivor-centric language

The guidelines advise courts to avoid expressions rooted in stereotypes or patriarchal assumptions, including terms such as "helpless woman", "self-respecting woman", "victim of another person's lust", or language suggesting that a woman's honour, shame, modesty, purity or sanctity has been compromised.

They also discourage the use of derogatory labels such as "fallen woman", "prostitute" and "call girl", recommending the use of the term "sex worker" where legally appropriate. Judges are encouraged to use neutral, rights-based terminology such as "survivor", "complainant", or "victim/survivor of sexual assault", while focusing on bodily autonomy, constitutional rights and consent instead of notions of social morality.

Background

The guidelines were prepared after the Supreme Court set aside an Allahabad High Court judgment in a sexual assault case which held that touching a woman's breasts and breaking the drawstring of her pyjamas did not amount to the offence of outraging modesty or an attempt to commit the offence.

Following its intervention, the Supreme Court directed the National Judicial Academy to formulate guidelines to promote greater judicial sensitivity and ensure a dignified, survivor-centric approach in the handling of sexual assault cases.