Supreme Court Pushes for Judicial Sensitivity

 

Supreme Court Pushes for Judicial Sensitivity

A recent Supreme Court development has brought judicial language, victim dignity, and sensitivity in sexual offence cases into focus — an area highly relevant for Polity, Governance, Ethics, and Essay.

---

🔹 Background of the Issue

• Over a year ago, a High Court judge used explicit and insensitive language while narrating a sexual assault on a minor.

• A petition later challenged concerns about:

  • Judicial sensitivity

  • Choice of words in judgments

  • Treatment of vulnerable victims

The matter gained renewed attention after a March 17, 2025 Allahabad High Court order in a POCSO case triggered national debate.

---

🔹 Supreme Court’s Key Directions

1️⃣ Formation of Expert Committee

The Court assigned:

➡ Justice Aniruddha Bose (Retd.), Director of the National Judicial Academy

To frame guidelines promoting sensitivity and compassion among judges.

Committee composition to include:

• Legal practitioners

• Academics

• Social workers

📌 UPSC Link: Institutional reforms & judicial accountability.

---

2️⃣ Report Requirements

The Court emphasised:

✔ Comprehensive

✔ Written in simple, non-legal language

✔ Free from legal jargon

✔ Translated into regional languages

Reasoning:

Victims must understand frameworks designed to protect their rights.

📌 Governance Angle: Accessibility of justice & inclusivity.

---

3️⃣ Identification of ‘Offensive Words’

The Court observed:

• Many dialectal expressions used casually in society may:

  • Violate dignity

  • Constitute offences under penal laws

Committee tasked to:

✅ Compile offensive words/phrases across languages

✅ Spread awareness

✅ Empower victims to articulate trauma

📌 Ethics/GS-IV Angle: Dignity, empathy, rights-based approach.

---

🔹 Triggering Legal Controversy

Allahabad High Court Judgment (March 17, 2025)

In a POCSO case, the Single Judge ruled:

“Pulling down of pyjama string”

❌ Not “attempt to rape”

✅ Only Section 354B IPC (intent to disrobe)

This raised concerns about:

• Interpretation of sexual offences

• Protection standards for minors

• Judicial empathy

---

🔹 Supreme Court’s Suo Motu Cognisance

The Supreme Court intervened on its own motion, stating:

⚠ Judges have sometimes failed to imbibe compassion & empathy

⚠ Especially in cases involving minor/vulnerable victims

Key observation:

“No judge or judgment can be expected to do complete justice if inconsiderate towards factual realities and vulnerabilities of litigants.”

📌 UPSC Link: Suo motu powers of Supreme Court.

---

🧭 Why This Matters for UPSC

1️⃣ Polity & Judiciary

Important concepts:

• Suo motu cognisance

• Judicial accountability

• Judicial ethics

• Role of National Judicial Academy

---

2️⃣ Governance & Social Justice

Themes:

• Victim dignity

• Gender-sensitive justice

• Child protection

• Language & power in institutions

---

3️⃣ Ethics (GS-IV)

Values highlighted:

✔ Empathy

✔ Compassion

✔ Respect for dignity

✔ Sensitivity in authority roles

---

4️⃣ Essay Topics

Potential themes:

• “Sensitivity in Justice Delivery”

• “Language, Power and Dignity”

• “Judicial Ethics in a Constitutional Democracy”

---

📝 Possible UPSC Questions

Prelims MCQ Example

Q. Suo motu cognisance by the Supreme Court implies:

A) Acting on government advice

B) Acting on its own initiative

C) Acting only after PIL

D) Acting after Presidential reference

✅ Answer: B

---

Mains GS-II Question

"Discuss the importance of judicial sensitivity in cases involving vulnerable victims. Suggest reforms."

---

Ethics Case Study Angle

A judge’s language in court causes distress to a victim.

👉 Evaluate ethical responsibilities of judicial officers.

---

🎯 Takeaway for Aspirants

✔ Judiciary is not just legal interpretation — it involves human sensitivity

✔ Language can affect dignity & justice outcomes

✔ Reflects evolution of rights-based governance