Case
Commentry
Petitioner:Vishaka
&others
Respondent:
State Of Rajasthan& others
Judges:
CJI J .S.Verma
SujtaV Manohar
B.N. Kirpal
Facts: This case aimed to enforce the
fundamental Rights of women under Article 14,19 and 21.The petition was filed
by certain social activist and NGO which focused towards the societal
aberrationand ‘Gender Equality’.The reason behind of filing was an incident of
alleged brutal gang rape of social worker in a village of Rajasthan.The above
case revealed the hazardous conditions to which a working woman may be exposed
and the depravity to which sexual harrasment can degenerate.
In Consequence of these incidents
leads to violation of Fundamental Rights i.e. GenderEquality’ &‘Right of
life and Liberty’ under Article 14,15&21.It also violate the victim’s Fundamental
Right i.e.19 (1)g ‘to practice any profession or to carry out any occupation,trade
or business. Therefore it attracts the remedy under article 32 for the
enforcement of these fundamental rights of women.For the purpose ofthe same
other provisions are taken in addition such as Article 15, Article 42, Article
51A, Article 51, Article 253, Seventh Schedule List -1 Union List.
In the absence of domesticLaw,
the content of International Convention and Norms are significant. Hence Art
51(C) empowers the parliament
To enact laws for implementing
the International Conventions and norms by virtue of Article 253 read with
Entry 14 of Union List in Seventh Schedule of the Constitution. Article 73 also
provides executive powers to Union the matters with respect to which Parliament
has Power to make laws.
All of the mentioned above leads
to the layout of Guidelines known as ' Vaisakha Guidelines.
Conclusion
Since the ages women are regarded
as Vulnerable. But now the days are coming where laws are made stringent to
curb the illpractices against any women. And women are getting empowered by
these laws as well.
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