SC May Issue Sensitivity Norms In Sexual Assault Cases
The Supreme Court has said it may issue guidelines to ensure that judges avoid insensitive or prejudicial remarks while dealing with sexual assault cases. The observation came during a hearing where the court noted that comments made in some recent rulings had the potential to discourage victims from pursuing justice.
Recent judgment triggered debate
The discussion began after a controversial decision by the Allahabad High Court, which reduced the seriousness of an assault involving a minor. The ruling questioned whether certain actions amounted to attempted rape and was criticised for appearing to minimise the gravity of the incident. Women’s rights groups raised concerns that such observations could send a wrong message to survivors.
Possible framework for courts
A bench led by the Chief Justice said that insensitive language in court orders can have a “chilling effect” on survivors and may prevent them from reporting crimes. The court is now examining previous cases and is considering a set of norms that would guide judges on how to frame questions, comments and conclusions in sexual offence trials.
A step towards fairer hearings
Legal observers believe that clearer norms would help restore confidence in the judicial process. Advocates have pointed out that respectful treatment of survivors during trials is essential to ensure that complaints are presented fully and without hesitation. The Supreme Court will continue hearings before deciding on final guidelines that could apply to all courts across the country.
