CJI Surya Kant rejects gender handbook to be released in 2023! Said – He is not helpful to the rape victim and the common people

New Delhi, 11 February. Chief Justice of India (CJI) Surya Kant’s bench has almost rejected a gender handbook released in the year 2023, which talked about the use of some new words to deal with derogatory words and prevalent stereotypical thinking against women. The purpose of that handbook was to sensitize and help judges and lawyers about gender-based discriminatory and derogatory terms.

Rape victim cannot understand handbook

According to a report in the national English daily Times of India, CJI Surya Kant on Tuesday said that this handbook is too technical and Harvard-oriented, which is not helpful for the rape victim and the common people. It is noteworthy that on the initiative of Harvard-educated former CJI DY Chandrachud, the Supreme Court had published a ‘Handbook on dealing with gender stereotypes’ in 2023.

A bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice NV Anjari said that many aspects of sexual assault have been given forensic meaning in the handbook, which cannot be understood by the rape victim, her relatives or the common people. In that handbook, it has been said which words should be used in place of stereotype words.

Supreme Court asks Judicial Academy to reconsider this issue

The Supreme Court took suo motu cognizance of the insensitivity of the decision of the Allahabad High Court, in which it had ruled that ‘grasping the breast’ and ‘loosening the string of pajama’ do not amount to attempt to rape. CJI Surya Kant said – This handbook is very Harvard-centric.

The bench directed the Bhopal-based National Judicial Academy to constitute a committee of experts, academicians and lawyers in the relevant field to reconsider the issue, prepare guidelines and submit a report to the Supreme Court. The bench said- We will take the help of lawyers including amicus curiae Shobha Gupta and senior advocate HS Phoolka to make it better.

There is no use of preaching to the judges sitting on the bench, they should get training in the academy.

The Chief Justice said that the Judicial Academy should make it a study material for High Court judges who can be called to the bench and trained on the sensitivity required while dealing with sexual harassment cases. He said that there is no benefit in giving sermons to the High Court judges sitting in the Supreme Court. They should get training in the academy.

The bench canceled the decision of Allahabad High Court

In this sequence, the bench canceled the decision of Allahabad High Court of March 17, 2025, in which a distinction was made between preparation for a crime and attempt to commit a crime and ordered the lower court to take action against both the accused. This decision of the High Court had caused huge outrage and on March 26 last year, the Supreme Court took suo motu cognizance of this decision and put a stay on it. Also expressed his displeasure over the insensitivity shown by the High Court judge.

What did the then CJI Chandrachud say on the handbook?

In the preface to this handbook, the then Chief Justice Chandrachud had written – This handbook identifies prevalent stereotypes about women, many of which have been used by courts in the past. It shows why they are wrong and how they can distort the application of the law.

This is not intended to criticize or cast doubt on past decisions, but merely to show how stereotypes can be used unintentionally. Finally, it summarizes the current doctrine on key legal issues that may be relevant when deciding certain cases, particularly those involving sexual violence.

Important points of Supreme Court’s Gender Handbook

The Supreme Court Handbook was released in August, 2023 for all the courts of the country. The handbook talks about the stereotypical thinking prevalent in the society and the use of other words as its alternative. Its name is -Handbook on Combating Gender Stereotypes. The handbook also explains stereotypical thinking and reality.

• Stereotype thinking: Usually women make false allegations of sexual assault or rape.
• Fact: Women do not get family support in reporting sexual assault or rape. A woman’s words are not easily believed.
• Stereotype thinking: Transgender people cannot be raped.
• Truth: Transgender people can also be raped. They are treated badly and the risk of sexual violence is high.
• Stereotype thinking: Women are emotional, they do not have the ability to reason or take decisions.
• Truth: The gender of any person does not affect his reasoning ability or thinking.
• Stereotype thinking: Women should do all the household work.
• Fact: Irrespective of gender, every person can do household chores better.
• Stereotype thinking: Unmarried women are not able to take important decisions in life.
• Fact: Marriage does not give anyone the ability to take decisions.