What Happened
- The Supreme Court, headed by Chief Justice of India Surya Kant, has described the 2023 "Handbook on Combating Gender Stereotypes" as "too Harvard-oriented" and too technical to be of practical use to judges or rape survivors.
- The bench, comprising CJI Surya Kant, Justice Joymalya Bagchi, and Justice NV Anjaria, directed the National Judicial Academy (NJA) in Bhopal to constitute a committee of domain experts, academicians, and lawyers to frame new, more practical guidelines.
- The original 30-page handbook was released in August 2023 under then-CJI DY Chandrachud and contained a glossary of gender-unjust terms with suggested alternatives for use in court proceedings.
- The Court indicated that once finalized, the new guidelines should be incorporated into study material at the National Judicial Academy for training of judicial officers.
Static Topic Bridges
Supreme Court's Handbook on Combating Gender Stereotypes (2023)
The Handbook on Combating Gender Stereotypes was released on 16 August 2023 by the Supreme Court of India under the initiative of then-CJI DY Chandrachud. It was designed to help judges and the legal community identify, understand, and combat stereotypes about women that manifest in judicial language. The 30-page document was divided into four sections: Understanding Stereotypes, Understanding Gender Stereotypes, Current Doctrine on Key Legal Issues, and a Conclusion.
- The handbook provided a glossary replacing terms like "career woman," "fallen woman," "harlot," and "seductress" with simply "woman"; "eve-teasing" with "street sexual harassment"; and "violated" with "sexually harassed, assaulted or raped"
- It was not legally binding but served as a guidance document for judicial language in pleadings, orders, and judgments
- CJI Chandrachud's foreword stated that relying on stereotypes in judicial decision-making contravenes the duty of judges to decide each case independently, on its merits
- The handbook drew from international best practices, including frameworks used in Canadian and Australian courts
Connection to this news: CJI Surya Kant has found the handbook too academic and disconnected from ground realities, directing the NJA to produce a more practical alternative that can be used by trial court judges and is accessible to common citizens and survivors.
Gender Justice in Indian Jurisprudence — From Vishaka to PoSH
Indian courts have progressively expanded the framework for gender justice through landmark rulings. The Vishaka v. State of Rajasthan (1997) case established binding guidelines on sexual harassment at the workplace, invoking Articles 14, 15, 19(1)(g), and 21 of the Constitution and referencing CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women). These guidelines remained operative until Parliament enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act).
- Vishaka guidelines were triggered by the gang rape of Bhanwari Devi, a social worker in Rajasthan who tried to prevent a child marriage
- The Supreme Court in Vishaka relied for the first time on an international human rights instrument (CEDAW) to establish domestic legal guidelines
- The PoSH Act, 2013, codified the Vishaka framework — mandating Internal Complaints Committees (ICCs) in every workplace with 10 or more employees
- Other landmark gender-justice cases include: Joseph Shine v. Union of India (2018, decriminalized adultery under Section 497 IPC) and Indian Young Lawyers Association v. State of Kerala (2018, Sabarimala entry case)
Connection to this news: The Court's effort to revisit the gender stereotypes handbook represents the latest step in the judiciary's evolving approach to gender-sensitive adjudication, building on the tradition from Vishaka onward.
National Judicial Academy (NJA) — Judicial Training Architecture
The National Judicial Academy (NJA), located in Bhopal, Madhya Pradesh, is an autonomous body established in 1993 under the aegis of the Supreme Court. It serves as the apex training institution for judges and judicial officers across India, conducting judicial education programs, workshops, and conferences on emerging legal issues.
- The NJA functions under the patronage of the Chief Justice of India, who serves as the Patron-in-Chief
- It was formally inaugurated in August 1993 and trains judges from the Supreme Court, High Courts, and subordinate judiciary
- Training areas include criminal law, gender justice, environmental law, cyber law, and judicial ethics
- State Judicial Academies (SJAs) in each state complement the NJA's work at the district and subordinate court level
Connection to this news: The Supreme Court has directed the NJA to constitute a committee and develop practical guidelines on combating gender stereotypes, which are to be incorporated into the Academy's study material for judicial training.
Constitutional Framework for Gender Equality — Articles 14, 15, and 21
The Indian Constitution provides a robust framework for gender equality. Article 14 guarantees equality before law and equal protection of laws. Article 15(1) prohibits discrimination on grounds of religion, race, caste, sex, or place of birth, while Article 15(3) empowers the State to make special provisions for women and children. Article 21 guarantees the right to life and personal liberty, which has been interpreted by the Supreme Court to include the right to live with dignity, free from gender-based violence and stereotyping.
- Article 15(3) is an enabling provision that allows affirmative action specifically for women — it underpins legislation like the PoSH Act and reservation policies
- Article 21 has been expansively interpreted to include the right to live with human dignity (Maneka Gandhi v. Union of India, 1978), encompassing freedom from sexual harassment
- Article 39(a) and (d) — Directive Principles — direct the State to ensure equal right to adequate livelihood and equal pay for equal work for both men and women
- Article 51A(e) — Fundamental Duty — requires citizens to renounce practices derogatory to the dignity of women
Connection to this news: The handbook and its replacement guidelines aim to operationalize these constitutional guarantees by ensuring judicial language itself does not perpetuate the stereotypes these provisions seek to eliminate.
Key Facts & Data
- Original handbook released: 16 August 2023, under CJI DY Chandrachud
- Handbook length: 30 pages, divided into 4 sections
- Current CJI: Justice Surya Kant (53rd CJI)
- Bench composition: CJI Surya Kant, Justice Joymalya Bagchi, Justice NV Anjaria
- Body tasked with new guidelines: National Judicial Academy, Bhopal (established 1993)
- Vishaka guidelines: 1997; codified into PoSH Act: 2013
- Constitutional provisions on gender equality: Articles 14, 15(1), 15(3), 21, 39(a), 39(d), 51A(e)