Supreme Court’s Ethical Push for Sensitive Judiciary

Syllabus: GS2/ Governance; GS4/ Ethics

Context

• The Supreme Court of India has constituted an expert committee to develop guidelines that infuse sensitivity and compassion in judicial functioning, especially in cases involving sexual offences and vulnerable victims.

Background

• The issue arose from a 2025 order of the Allahabad High Court that used explicit language while narrating sexual assault on a minor.
  • The High Court had diluted charges from attempt to rape to a lesser offence.
• Following a petition by civil society groups, the Supreme Court took suo motu cognisance.
• The Court set aside the High Court order and restored the summons issued by the Special Court.

Key Mandate of the Committee

• Promote Compassionate Judicial Language:
  • Frame guidelines on appropriate courtroom language in sensitive cases.
  • Emphasise dignity and privacy of survivors.
• Address Cultural and Linguistic Issues: 
  • Identify offensive expressions in regional languages and dialects.
  • Clarify that casual use of such words may constitute legal offences.
  • Enable victims to narrate trauma without humiliation.
• Accessibility of Judicial Guidance:
  • Report to be written in simple, non-technical language.
  • Translation into regional languages to ensure wider understanding.

Role of Compassion in Judicial Functioning

• Protecting Vulnerable Sections:  Cases involving women, children, persons with disabilities, and marginalised communities demand heightened sensitivity. Compassion enables judges to:
  • Prevent intimidation or humiliation of victims.
  • Ensure meaningful participation in the justice process.
• Humane Courtroom Conduct: Judicial behaviour, language, and tone shape public perception of justice. Compassionate conduct includes:
  • Polite and respectful communication.
  • Patience with distressed litigants or witnesses.
  • Avoidance of stereotypes and insensitive remarks.
• Sentencing and Relief: Compassion plays a critical role in determining appropriate punishment and remedies. It allows judges to consider:
  • Circumstances of the offender and victim.
  • Possibility of reform and rehabilitation.
  • Proportionality between crime and punishment.

Importance of Compassion for the Rule of Law

• Enhancing Public Trust: Citizens are more likely to respect and comply with judicial decisions when they perceive courts as humane and fair.
• Improving Access to Justice: Fear of humiliation or insensitivity discourages victims from approaching courts. Compassion reduces this barrier.
• Preventing Miscarriage of Justice: Insensitive attitudes can distort fact-finding and lead to unjust outcomes. Compassion ensures careful and attentive adjudication.
• Strengthening Democratic Governance: A compassionate judiciary reinforces constitutional values of equality, dignity, and justice.

Way Ahead

• The Supreme Court’s initiative marks a significant step toward humanising the justice system. 
• By emphasising empathy, dignity, and accessibility, it seeks to ensure that courts not only deliver legal justice but also uphold the emotional and psychological well-being of victims—an essential requirement for a fair and inclusive rule of law.

Source: TH