SujtaV Manohar

 

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.