The Role of Sensitivity in Justice: What ICs Can Learn from the Supreme Court
On 10 February 2026, the Supreme Court in Re: Order dated 17.03.2025 passed by the High Court of Judicature at Allahabad in Criminal Revision No. 1449/2024 and Ancillary Issues set aside the Allahabad high Court's judgement on the rape case of a minor girl and described the High Court's approach as ‘totally insensitive and inhuman.’ The SC emphasized that the objective of the judicial system is to provide justice and satisfaction to those who approach it seeking redressal for their grievances. For this to be achieved, the system must focus on both the sound application of constitutional and legal principles, and fostering an environment of compassion and empathy.
Facts of the Case
In March 2025, the Allahabad High Court passed a judgment over the alleged sexual assault of a minor girl. The court ruled that the alleged acts were not sufficient enough to constitute an attempt to commit rape. The acts in question were the grabbing of the minor girl’s breasts, breaking the strings of her pyjama and dragging her under a culvert.
The court also held that the circumstances of the case did not qualify as an offence of attempt to rape. To establish an attempt to rape, the prosecution would be required to provide evidence that the accused went beyond the stage of preparation. Stating this the court distinguished between preparation and attempt to commit rape.
The Supreme Court’s Intervention
Thus, the High Court modified the summoning order, directing that the accused should instead be summoned under Section 354B of IPC i.e. Assault or use of criminal force to a woman with the intent to disrobe her (Now Section 76 of BNS) and Section 9/10 of POCSO Act that define Aggravated Sexual Assault under specified aggravating circumstances and provide punishment for said assault.
This narrow interpretation of what constitutes an attempt to rape sparked widespread criticism from legal experts and women’s and children’s rights activists. Taking suo motu cognizance of the case, the Supreme Court stayed the Allahabad High Court’s observations, and proceeded to examine the facts of the case.
The SC also observed the various instances of impassive judicial decisions where judges and judicial officers fail to approach the case with empathy and compassion. After identifying this gap, the Supreme Court requested the National Judicial Academy in Bhopal to form a Committee of Experts which was entrusted to write a report on the matter of ‘Developing Guidelines to Inculcate Sensitivity and Compassion into Judges and Judicial Processes in the Context of Sexual Offences and other Vulnerable Cases’.
The Committee has been tasked with studying past cases and measures taken by the judicial and administrative systems to achieve this goal and prepare comprehensive recommendations for improvement. The SC has also directed the Committee to take into account India’s cultural and linguistic diversity as certain words that could be marked as offensive under India’s penal law are commonly used in everyday dialects and languages. The report must also be written in simple and understandable language so that the intended beneficiaries who come from different backgrounds can easily understand and utilise the guidelines.
As of July 14, 2026, the Supreme Court has approved the handbook and mandated that the report be circulated to all high courts, district courts, State Legal Services Authorities (SLSAs), State Law Departments and Directorates of Prosecution across the country. With this order, the judicial landscape will have a new set of guidelines that outline how sexual assault and other sensitive cases need to be approached.
The Importance of Sensitivity and Compassion in Communication
Addressing the concerning gap, the SC has proactively taken steps to promote greater sensitivity and empathy in the handling of sexual assault cases. This acknowledgement is significant and reinforces that we must approach such cases with empathy and understanding.
The same concern becomes relevant in our workplaces. An Internal Committee is the first formal point of contact that a complainant approaches when it comes to anything related to PoSH cases. The experience must thus be handled with utmost sensitivity and care. Part of this care is through proper communication and the conscious use of language. The words used when understanding the complaint, recording it and seeking clarity may seem insignificant, however, more often than not, they hold the key to the complainant’s confidence and comfort.
- Encourages Reporting
Establishing in your organisation that PoSH cases will be handled with utmost sensitivity and compassion can encourage people to come forward and speak up.
- Prevents Secondary Harm
The act of recalling and reporting an incident involving sexual harassment is extremely difficult for a complainant. Any kind of dismissal, hostile cross questioning, dismissive reactions or skepticism can further traumatise the complainant and make them lose trust in the process of redressal. An empathetic approach ensures that the process itself does not become a new source of trauma or harm for the complainant.
- Enables Clear Communication
When people involved feel comfortable with expressing themselves without any fear of judgement, it helps them communicate better and clarify details and observations. This enables the IC to understand the various perspectives and conduct a fair enquiry.
What does the use of sensitive language and compassion look like at the workplace?
Sensitivity does not require any grand gesture. It needs to be inculcated in how the involved parties are addressed, how conversations are navigated and how the questions are framed. In practice this should include:
- Avoiding Bias and Skepticism:
It is of utmost importance that the IC listens to the complainant, respondent and the witnesses without any biases or preconceived notions. The IC must ensure that it does not end up dismissing or doubting the complainant’s experience in pursuit of fairness. And in the same vein, it must ensure that sensitivity towards the complainant does not translate into guilt against the respondent.
- Use of Trauma-Informed Language
The IC must be educated on the use of trauma-informed language so as to ensure the comfort of the complainant. Questions need to be asked carefully without any hint of accusation, blame or assumptions. The responses need to be validating and considerate as recalling such incidents may bring up distressing emotions.
- Support For All Parties
Usually in a PoSH incident, it is assumed that there is a hierarchy for providing support to the parties involved. First the complainant, then the respondent and then finally the witnesses. However, compassion and sensitivity should not be operating on a hierarchy., All individuals involved need to be treated fairly with dignity and respect. Proper care helps everyone involved be transparent and share any relevant information without hesitation.
SC’s request for a new set of guidelines underlines the importance of a sensitive and compassionate approach towards cases of sexual assault and how important it is to the functioning of a redressal system. A proper redressal system does not only include policies and procedures or simply raising awareness about them. It also means creating a system where the people feel comfortable approaching the IC and confidently asking for redressal as their right. For this we must ensure that all the parties are being treated with utmost dignity and respect. Ultimately, the effectiveness of a redressal system will be determined not only through its structure but also by how well it puts people at ease.
Creating safer and approachable workspaces requires us to look beyond compliance and policies and address the innate human need to be seen and understood. This is where compliance must meet compassion and turn policies into a genuine support system. In the end, sensitivity and compassion are not additions to an approachable IC, but an essential part of one.
Written by: Syed Tatheer Raza Imam
References:
https://www.nomeansno.in/ensuring-sensitivity-and-protection-during-posh-investigations/
https://saroshdamania.com/posh-proceedings-companies-process-fair-inquiry-india/
https://cecureus.com/mental-health-and-posh-inquiries-frequently-asked-questions/