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Nation / Mon, 03 Aug 2026 Bar and Bench

Avoid terms like ‘helpless woman’ in rape judgments; no moral policing: Supreme Court panel to judges

The committee said sensitive judicial language was not merely a matter of politeness but was essential to ensuring fairness, dignity and impartiality in adjudication. It underscored that judges must avoid asking stereotypical or blaming questions and should not force victims to interact with accused persons. It further flagged concerns that judicial attitudes in sexual assault cases involving unconscious women have often reproduced “rape myths” and questioned victims’ credibility rather than focusing on the accused’s conduct. “Such language can re-traumatize survivors and reinforce social prejudice instead of promoting justice ... Court should have clear comprehensive polices and accessible support system. Also, promote awareness and education campaigns for public for reducing stigma and misconceptions about the victim.

The committee said sensitive judicial language was not merely a matter of politeness but was essential to ensuring fairness, dignity and impartiality in adjudication.

It underscored that judges must avoid asking stereotypical or blaming questions and should not force victims to interact with accused persons.

It further flagged concerns that judicial attitudes in sexual assault cases involving unconscious women have often reproduced “rape myths” and questioned victims’ credibility rather than focusing on the accused’s conduct.

“Such language can re-traumatize survivors and reinforce social prejudice instead of promoting justice ... Court should have clear comprehensive polices and accessible support system. Also, promote awareness and education campaigns for public for reducing stigma and misconceptions about the victim. A strict prohibition on gendered and moral commentary," the report added.

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