SC flags insensitive language used in 3 high court orders

The Supreme Court has highlighted the need for judges to be educated on the appropriate language to use when handling cases involving sexual offenses after coming across three instances of high court orders that were deemed insensitive. Chief Justice Surya Kant expressed shock at a March 2025 judgment from the Allahabad high court, which stated that even if a victim's allegations are accepted as true, it could still be concluded that she was also responsible for the situation.

The bench, including justices Joymalya Bagchi and V Mohana, emphasized the importance of updating judges on the language they should use, as part of a handbook developed by the National Judicial Academy. The academy is currently creating a curriculum to better educate judges on the kinds of language they should use in such cases.

Senior advocate Shobha Gupta filed an application on behalf of "We The Women of India," expressing concern over the repetitive use of insensitive language by high courts in sexual offense cases. Gupta cited a Jharkhand high court order from August 31, which ruled in favor of a man who was unable to commit rape on a woman due to neighbors intervening, stating that there was no evidence of an attempt to commit sexual intercourse.

Similarly, a Calcutta high court order from April 2025 gave the benefit of doubt to an accused under the POCSO Act, despite the victim's testimony that the accused was under the influence of alcohol and attempted to grope her. Gupta highlighted the need for courts to refrain from using insensitive language that contributes to a lack of trust in the judicial system among victims.

The National Crime Records Bureau's 2024 report recorded approximately 441,534 cases of crime against women in India, with one case reported every 71 seconds. Gupta requested the court to either set aside the insensitive observations or declare the judgments as "erroneous" for the betterment of victims of sexual crimes.