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

The report has offered suggestions on how judicial language should be reframed, with a detailed tabled on how to replace problematic phrases often seen in judgments dealing with sexual crimes.

For instance, it suggested that the expression “the body of women as playground” could be replaced with “violated bodily autonomy of complainant or victim.” It recommended using “the survivor experienced harm or trauma” instead of phrases such as “victimisation, soul destroyed”.

Similarly, courts should avoid expressions such as “poor helpless minor girl”, “(an accused) fuelled by lust”, “satisfy his illicit lust”, “spoiled her childhood”, “ruined life” and “haunt throughout her life”, the committee said.

It added that words such as “honour”, “shame”, “chastity”, “bashfulness” and “sanctity” were rooted in patriarchal ideas that linked a woman’s worth to her sexual purity or the reputation of her family. Judicial reasoning should instead focus on consent, dignity, bodily autonomy and constitutional rights.

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