High Court's Important Victim Decision on DV Rape Case
The report replaces a 2023 handbook and urges judges to curb insensitive questioning, with 125 verdicts reviewed for problematic language.
- On Monday, the Supreme Court published a new gender-sensitivity report aimed at preventing secondary traumatisation of sexual assault survivors, drafted by an expert committee headed by former Supreme Court judge Justice Aniruddha Bose.
- The new report replaces the 2023 Handbook on Combating Gender Stereotypes following a March 2025 Allahabad High Court judgment ruling certain sexual assault acts constituted "preparation" rather than an "attempt" to rape.
- Judges are advised to develop an "Emotional Quotient" and avoid insensitive remarks like "Lipstick laali lagakar complaint likhwane aayi ho?" while trials for sexual offences are recommended to be held in camera to protect survivor privacy.
- Separately, on Wednesday, Australia's highest court dismissed an appeal from a man known as Potter, ruling a secret recording of his confession was admissible to protect the victim's "bodily autonomy and integrity."
- Legal expert Professor Heather Douglas called the decision a "major milestone," noting the ruling explicitly recognizes "bodily autonomy and integrity" in domestic violence contexts, potentially allowing such recordings in future protection applications.
7 Articles
7 Articles
High Court finds secret recording can be used as evidence in DV case
While most recordings of private conversations are illegal, the High Court found the recording was allowed because it was necessary to protect the victim's "bodily autonomy and integrity".
Why the Supreme Court has issued new gender-sensitivity guidelines for trial judges
The Supreme Court has released a new report urging trial court judges to adopt gender-sensitive courtroom practices, prevent secondary traumatisation of sexual assault survivors and use compassionate, legally grounded language in judgments.
When hearing and writing judgments in cases of sexual assault against women, judges have been advised to base their decisions solely on the evidence, rather than on the victim's character, clothing, lifestyle, or moral beliefs. They have also been asked to avoid using words like "outrage of modesty," "prosecutrix," "helpless woman," "lust," "honor," "shame," and "purity." Following the Supreme Court's direction, the National Judicial Academy (NJ…
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