SC flags insensitive language used in 3 high court orders

The Supreme Court on Friday underlined the need for judges to be sensitised on the language to be used while dealing with cases of sexual offences as more instances came to the court’s attention involving three high courts after its order last month taking suo motu cognisance of a Patna high court judgment which said pressing a woman’s chest and removing her salwar does not amount to ‘attempt to rape’.

Issuing notice to the accused in the three instances reported from Allahabad, Jharkhand and Calcutta high courts, a bench headed by Chief Justice of India (CJI) Surya Kant said, “Our concern is on the language used by the Allahabad high court. It is something very shocking.”

The court was referring to a March 2025 judgment where the high court judge said, “This court is of the view that even if the allegation of the victim is accepted as true, then it can also be concluded that she herself invited trouble and was also responsible for the same.”

Senior advocate Shobha Gupta presented an application to the court citing this order as also the orders of the other two high courts. The bench, also comprising justices Joymalya Bagchi and V Mohana said, “We passed an order in February 2026 asking the National Judicial Academy to come out with a Handbook to sensitise judges and in July, the handbook was prepared. Now the Academy is developing a curriculum. This is extremely important. Members of the judiciary at all levels need to be sensitised on what kind of language must be used.”

The application filed by Shobha on behalf of “We The Women of India” said, “The inappropriate and insensitive language being used by the high courts in case after case has become a routine matter.” She referred to an August 31 judgment by Jharkhand which ruled in favour of a man who lay on top of a woman with an attempt to rape her but could not do so as neighbours intervened. For such conduct, the HC said, “There is no specific evidence regarding any attempt on the part of the appellant to commit sexual intercourse or any act sufficiently proximate to the commission of rape.”

She further pointed out a Calcutta high court order of April 2025 which gave the benefit of doubt to an accused under POCSO Act. It said, “The victim girl has deposed that the petitioner was under the influence of alcohol and tried to grope her breasts. Such evidence may support a charge of aggravated sexual assault under Section 10 of the POCSO Act, 2012, but prima facie does not indicate commission of the offence of attempted rape.”

While expressing concern over such remarks contained in high court orders, the top court had last month taken suo motu cognisance of a Patna high court order of July 9 which held that removing a woman’s salwar and pressing her chest does not amount to attempt to rape.

The court had issued notice to the accused indicating that the judgment required to be set aside. Similarly, the court issued notices to the three accused in the cases decided by the high courts of Allahabad, Calcutta and Jharkhand.

The application filed before the court said that some high courts are using the expression ‘preparation to commit rape’ which sounds insensitive and rude towards the victim and the society. It said, “The courts should refrain themselves from using such expression, which often falls into the realm of ‘insensitivity’ or ‘casual approach’ towards the crime and the victim of the crime.”

Such observations create a trust deficit in the minds of the victim approaching the courts, it said, pointing out that the National Crime Records Bureau (NCRB) in its 2024 report recorded a total of 441,534 cases of crime against women across the country, which is approximately one crime against a woman registered every 71 seconds in India.

Gupta requested the court to either set aside the observations or declare such judgments to be “erroneous” in the larger interest of securing the interests of victims of heinous sexual crimes.