Supreme Court to Draft National Guidelines for Sensitive Handling of Sexual Assault Cases

The Supreme Court on Monday said it would consider creating detailed guidelines for all courts in India on how to deal sensitively with cases involving sexual assault victims. The Court expressed strong concern over the “unfortunate” judgment passed by the Allahabad High Court on March 17, which held that grabbing the breasts of a minor girl, breaking the string of her pyjama, and dragging her under a culvert did not amount to an attempt to rape.

A bench led by Chief Justice of India (CJI) Surya Kant, along with Justice Joymalya Bagchi, was hearing applications connected to the case. In March this year, the Supreme Court had taken suo motu cognisance of the controversial Allahabad High Court order after it sparked public outrage. At that time, the Court had immediately stayed the observations, calling them “insensitive and inhuman,” and had asked the Chief Justice of the Allahabad High Court to take appropriate action against the concerned judge.

On Monday, the Court continued the suspension of that ruling and expressed distress at the lack of sensitivity shown in judicial orders dealing with sexual offences. The CJI noted that judges must be mindful of the impact their words can have on survivors and society.

“Our concern is that at the level of the High Court, the degree of sensitivity which is required is missing. We are inclined to issue comprehensive guidelines,” the bench said.

Senior advocate Shobha Gupta, appearing for the NGO We the Women of India, submitted that such comments were not isolated but part of a worrying pattern. She pointed out that similar remarks had come from other High Courts, including in cases from Rajasthan and Calcutta, where courts suggested that victims were responsible for the assault if they were drunk or if they went to the accused’s home.

Another counsel shared concerns about how survivors were treated even during in-camera trials, which are supposed to be private. In one example from Kerala, several people were present when the survivor was giving evidence, and she was allegedly harassed during the proceedings.

CJI Surya Kant highlighted how damaging careless judicial comments can be. He said that such remarks may discourage victims from seeking justice and may even push families to compromise with the accused.

The Supreme Court has now stayed the Allahabad High Court judgment entirely, making it clear that the accused will continue to face charges of attempt to rape, rape under the Indian Penal Code, and relevant provisions of the Protection of Children from Sexual Offences (POCSO) Act. The bench also directed the State to ensure that the accused are informed of the next date of hearing.

The Court also invited written suggestions from lawyers on what the proposed guidelines should cover, indicating that it aims to lay down gender-sensitive practices for all courts handling sexual assault matters.

The case relates to an incident from November 2021, where three men — Pawan, Akash and Ashok — allegedly sexually assaulted their 11-year-old neighbour. The trial court had taken the case as an attempt to rape and summoned the accused accordingly. However, Justice Ram Manohar Narayan Mishra of the Allahabad High Court downgraded the offence to Section 354-B of the IPC and Sections 9/10 of the POCSO Act, saying the actions did not go “beyond preparation” for rape. This reasoning faced criticism from women’s groups, lawyers, and political leaders.

When the Supreme Court took up the matter suo motu on March 26 based on a letter from senior advocate Gupta, it called the High Court’s reasoning a “serious” error that showed a “complete lack of sensitivity” and violated settled legal principles. Solicitor General Tushar Mehta had also strongly criticised the judgment and said that the High Court must take action.

The judgment had also drawn sharp reactions from political leaders. Union Minister for Women and Child Development Annapurna Devi described it as “unacceptable” and unfit for a civilized society. Shiv Sena (UBT) MP Priyanka Chaturvedi wrote to the CJI and Union Law Minister seeking the removal of the judge from judicial duties, calling the ruling “depraved.”

The Supreme Court will next examine the matter after receiving suggestions for the new guidelines.