Supreme Court Asks Bhopal’s

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Supreme Court Asks Bhopal’s National Judicial Academy to Frame Guidelines in Sexual Offence Cases

In a significant move aimed at making courts more sensitive and empathetic towards women and child victims of sexual abuse, the Supreme Court of India has asked Bhopal’s National Judicial Academy to constitute an expert committee and frame guidelines to strengthen judicial responses in such cases. The three-judge Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice N.V. Anjaria was hearing a petition challenging a controversial 2025 Allahabad High Court order which had held that grabbing a minor victim’s breast and breaking the string of her pyjama did not amount to an attempt to commit rape, but merely “preparation”. Just Rights for Children, one of the largest networks with over 250 NGO partners, had approached the apex court and urged it to take cognisance of similar insensitive judicial decisions.

Observing that previous efforts in this regard have not yielded the desired results, the Bench requested the National Judicial Academy to constitute an expert committee and prepare a comprehensive report on developing guidelines to inculcate sensitivity into judges and judicial processes in such cases. The court further said that the Academy’s Director Justice Aniruddha Bose, former Supreme Court Judge, will preside over the Committee. Meanwhile, the Supreme Court also set aside the controversial Allahabad High Court order, terming it a “patently erroneous application of the settled principles of criminal jurisprudence.”

The incident took place in November 2021 in Kasganj in Uttar Pradesh, when the two accused dragged an 11-year-old under a culvert and attempted to undress her. She was rescued after two witnesses rushed to the spot on hearing her cries. However, in March 2025, the Allahabad High Court held that the allegations amounted only to preparation and were not sufficient to establish the offence of “Attempt to Rape” or “Rape,” and the charges were accordingly reduced to a lower offence. Challenging this order which shook the entire nation and became headlines across the country, Just Rights for Children represented the victim and filed a Special Leave Petition before the apex court and urged it to lay down guidelines to ensure greater sensitivity while handling such cases. The Court has also sought suggestions from the network while framing the guidelines.

In its order, the Court observed, “When an attempt is being made to explain and clarify the different concepts, rights, procedures, and best practices to be followed, the Committee must ensure that the report is comprehensive and exhaustive, including appropriate and adequate explanations and illustrations wherever necessary.” The Committee is requested to complete its deliberations and submit its report to the Court within three months.

Lauding the judgement as historic, Ravi Kant, National Convenor of Just Rights for Children, said, “This judgment marks the outcome of our long and determined fight for justice, dignity, and sensitivity towards survivors of sexual violence. We welcome the Supreme Court’s decision, which restores faith in the justice system and reinforces that crimes against children and vulnerable persons must be viewed with seriousness and empathy.” The network has been representing the victim since the Allahabad High Court order in March 2025.

The Apex Court has asked the Committee to bear in mind the “linguistic diversity” while preparing the guidelines. “There are various examples of offensive words and expressions, the use of which would ordinarily constitute an offence under our penal laws, yet they are openly spoken by members of our society in local dialect, ostensibly because of the absence of a clear understanding of the offensive nature of such expressions. It shall be highly appreciated if the Committee, as a part of its report, is able to identify and compile such words/expressions, from different languages, so that they do not go unnoticed…,” the order said. It added that the guidelines should be in simple language comprehensible to laypersons whose interests they seek to protect. “The guidelines, we expect, will not be loaded with heavy, complicated expressions borne from foreign languages or jurisdictions,” it said.

• The Apex Court has asked the Academy to frame the guidelines in three months’ time.
* The order came as a result of a petition filed by Just Rights for Children challenging a controversial Allahabad Court Order in 2025.
* The guidelines will be to inculcate sensitivity into judges and judicial processes in cases of sexual abuse.