Topic 18 of 25
GS Paper 4 Judicial Ethics - Gender Sensitisation Judicial Sensitivity, Ethics & Gender Justice

Why the Supreme Court Wants Judges to Have an "Emotional Quotient"

Source Supreme Court of India

125 trial court judgments were combed through by a Supreme Court committee before it concluded that the problem wasn't bad law - it was judges who had never been asked to feel what a survivor in front of them was going through.

Summary

The Supreme Court has released a new report, "Judgments and Gender: Sensitivity and Compassion in Writing Judgments," drafted by a panel led by retired Justice Aniruddha Bose. It asks trial court judges to develop an "Emotional Quotient" alongside legal competence, control aggressive cross-examinations of sexual assault survivors and adopt "compassionate court practices" such as in-camera trials and pre-trial counselling.

This moves beyond the 2023 handbook, which focused only on removing patriarchal language from judgments.

WHY IN NEWS FOR UPSC & STATE PCS

The report was published after the Supreme Court, in February 2026, set aside a March 2025 Allahabad High Court ruling that had classified an act of sexual assault as mere "preparation" rather than "attempt" to rape. During those hearings, CJI Surya Kant reportedly called the 2023 handbook "too Harvard-oriented" for practical use, prompting the National Judicial Academy to build a more usable, trauma-informed framework for trial courts.

Standard News

An "Emotional Quotient" for Judges Isn't a Soft Idea. It's a Structural Fix.

The easy answer would be to read this report as one more list of words judges shouldn't use - a glossary update, filed next to the 2023 handbook. That reading misses what actually changed. The 2023 handbook fixed vocabulary.

It told judges to stop writing "eve-teasing" and start writing "sexual harassment." That was necessary, but it treated the problem as linguistic - as if a survivor's ordeal in court was really about which noun a judgment used months after the trial ended.

It said nothing about the trial itself: the cross-examination, the waiting, the questions about a woman's past that have no bearing on whether a crime occurred. The 2026 report targets something harder to fix than vocabulary - it targets procedure and the disposition of the people running it.

It asks judges to actively intervene when a cross-examination turns into a second assault, to treat survivors as guests of the court rather than inconveniences to be processed and to hold proceedings in camera where privacy is what protects a survivor's willingness to testify at all.

That is a claim about what impartiality actually requires - and it's a claim worth sitting with, because it cuts against how most of us are taught to think about a neutral judge.

The comfortable assumption is that empathy and impartiality pull in opposite directions - that the moment a judge starts caring about how a witness feels, objectivity is compromised. This report argues the opposite: that a judge with no "Emotional Quotient" isn't neutral, they're just blind to one specific kind of pressure in the room - the pressure a hostile cross-examination puts on a witness to simply stop telling the truth or stop testifying at all. An "IQ-only" judge can apply the law perfectly to a record that has already been distorted by an unchecked, aggressive line of questioning. Constitutional morality under Articles 14 and 21 doesn't ask a judge to be indifferent to that; it asks the trial to actually produce truth, fairly, from someone willing to speak it. The genuine tension this report doesn't resolve for you is this: where does "controlling aggressive cross-examination" end and "restricting a defence lawyer's constitutional right to a fair trial" begin? That line has to be drawn case by case and it's the part no handbook can write for a judge in the moment. What the report gets right is naming that this line exists at all - and insisting a judge needs the emotional capacity to see it, not just the legal knowledge to cite it.

Quick Facts

Key numbers & takeaways — revise these first

  • The new report is authored by a panel headed by retired Justice Aniruddha Bose, Director of the National Judicial Academy.

  • It replaces the 2023 handbook issued under then-CJI D Y Chandrachud, which focused only on avoiding patriarchal language.

  • The report leans on the Bharatiya Sakshya Adhiniyam's bar on indecent or annoying questions to survivors during cross-examination.

  • It followed the Supreme Court's February 2026 suo motu reversal of a March 2025 Allahabad High Court order.

  • The committee reviewed 125 trial court verdicts before drafting its recommendations.

Beyond The Headlines
GS Paper 4 Judicial Sensitivity, Ethics & Gender Justice

Connect the dots for your UPSC preparation.

Standard news covers the event. Log in to read our comprehensive analysis and uncover the hidden constitutional, structural, and ethical dimensions of this topic:

1

How the deontological duty to a fair trial and the survivor's Article 21 right to dignity are shown genuinely pulling against each other in this specific report, not conveniently agreeing

2

The exact procedural line between "controlling a hostile cross-examination" and "restricting a defence lawyer's constitutional rights" - and where this report leaves that judgment

3

The full Aparna Bhat v. State of MP (2021) case study and why it is the real origin point of this shift, not the 2023 handbook

4

A defended, specific institutional position on whether EQ training should be mandatory or discretionary for trial judges - with the cost of getting it wrong named on both sides

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