'Impermissible' to judge women by clothes: SC panel urges overhaul of language adopted in sexual offence cases

A panel of experts, established by the Supreme Court, has called for a comprehensive overhaul of legal language used in sexual offence cases, arguing that current terminology is "unpardonable and impermissible" in a civilized society. The committee, led by former Supreme Court judge Justice Aniruddha Bose, advocates replacing outdated and stigmatizing expressions with neutral, survivor-focused terminology.

The report, "Judgments and Gender: Sensitivity and Compassion in Writing Judgments," was prepared after reviewing 125 trial court judgments from across India. The committee urges judges to stop using terms like "prosecutrix," "helpless woman," "poor helpless minor girl," and expressions related to a woman's "honour," "shame," or "sanctity."

Instead, it recommends terms such as "victim," "survivor," and "sexual assault," stating that these choices acknowledge dignity and constitutional rights rather than reinforcing patriarchal notions. The panel emphasizes that judicial findings should be based on evidence, not stereotypes or preconceived notions about how a victim is expected to behave.

Additionally, the report outlines nine key principles for judicial writing in sexual offence cases, including evidence-based findings, trauma-informed language, gender-neutral terminology, and victim-centric language. It also calls for sensitivity in courtroom practices, such as providing legal aid to victims from the start, facilitating access to compensation schemes, and ensuring strict confidentiality.

The committee stresses that a judge's true independence lies in overcoming personal prejudices through education and training.