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VISHAKA AND ORS. vs. STATE OF RAJASTHAN AND ORS.

SCR Citation: [1997] Supp. (3) S.C.R. 404
Year/Volume: 1997/ Supp. (3)
Date of Judgment: 13 August 1997
Petitioner: VISHAKA AND ORS.
Disposal Nature: Petition Disposed Off
Neutral Citation: 1997 INSC 604
Judgment Delivered by: Hon'ble Mr. Justice J.S. Verma
Respondent: STATE OF RAJASTHAN AND ORS.
Case Type: WRIT PETITION(CRIMINAL) /666/1992
Order/Judgment: Judgment
1. Headnote

Constitution of India-Articles 14, 15, 19 and 21-Fundamental Rights-Working women-Gender equality-Sexual harassment of working women in work places-Held, such incidents result in violation of 'gender equality' as also Right to life and liberty and the right to practice profession or to carry out occupation, trade or business.

Articles 51(c), 253-Power of Parliament to enact laws-Absence of domestic law occupying the field-Value and significance of the International Convention and norms-Held, the International Convention and norms are of great significance and Parliament has the power to enact laws for implementing the same.

Articles 32, 141-Power of the Supreme Court to enforce Fundamental - Rights-To lay down guidelines and norms in the absence of any legislation-Held, Supreme Court has power to lay down guidelines and norms for due observance in work places or institutions, until a legislation is enacted and such norms would be treated as law.

The present petition was filed for the enforcement of fundamental - rights of working women under Articles 14, 19 and 21 of the Constitution of India. It was brought as a class action by certain social activists and NGOs with the aim of focussing attention towards societal aberration and assisting in finding suitable methods for realisation of the true concept of 'gender equality'; to prevent sexual harassment of working women in all work places through judicial process, and to fill the vacum in existing legislation. The immediate cause for the filing of present petition was an incident of alleged brutal gang rape of a social worker in a village in Rajasthan.

Disposing of the writ petition and formulating guidelines and norms in exercise of powers under Article 32 of the Constitution, this Court.

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Article 51 (c)
5. Equivalent citation
    Citation(s) 1997 AIR 3011 = 1997 (6) SCC 241 = 1997 (6) Suppl. SCC 241 = 1997 (7) JT 384 = 1997 (7) Suppl. JT 384 = 1997 (5) SCALE 453