New Delhi, Jul 14 (PTI) The Supreme Court on Tuesday directed the nationwide circulation of comprehensive guidelines prepared by the National Judicial Academy (NJA) to make courts more sensitive and empathetic towards survivors of sexual offences.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana directed that the report be circulated to all high courts, district courts, State Legal Services Authorities (SLSAs), State Law Departments and Directorates of Prosecution across the country.
The bench further instructed the Directorates of Prosecution to ensure that the guidelines are communicated to all concerned authorities and that police personnel are sensitised to the safeguards that must be observed while registering FIRs and filing chargesheets in sexual offence cases.
Describing the report as “a remarkable report” and “a remarkable effort by the team,” the CJI commended the committee constituted by the NJA-Bhopal for its work.
The directions came in suo motu proceedings initiated in 2025 after an Allahabad High Court judgment, which held that grabbing the breasts of a minor girl and attempting to untie the drawstring of her salwar amounted only to “preparation” to commit rape and not an “attempt to rape”, drew widespread criticism.
The judgment was challenged by child rights organisation Just Rights for Children.
On March 26 last year, the apex court also took suo motu cognisance of the issue of insensitive language and terminology used in judicial orders relating to sexual offences, particularly those involving women and children.
Subsequently, the top court set aside the high court judgment, holding that it was “noticeably erroneous” and contrary to settled principles of criminal jurisprudence.
The court restored the charge of attempt to rape against the accused under the Protection of Children from Sexual Offences (POCSO) Act in that case.
It had also directed the NJA to constitute an expert committee to frame comprehensive guidelines for ensuring greater judicial sensitivity in cases involving survivors of sexual abuse.
The committee was asked to submit its report within three months.
Senior advocate H S Phoolka, who represented the NGO, welcomed the development.
“Such guidelines have long been needed, and the insensitive observations made by the Allahabad High Court made them absolutely indispensable. They must now be implemented in letter and spirit to ensure that women and children who have endured sexual abuse and violence receive justice with dignity,” he said. PTI SJK PKS RHL
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