This instance of discrimination against women is illustrated in the case of Vishaka v. State of Rajasthan. The Supreme Court decided the Vishaka guidelines in this case for the protection of women from sexual harassment at work since specific law was required in this area.

March 7, 2023by Primelegal Team0

Facts of the Case: To provide a better comprehension, it is essential to present the case’s facts in depth at the start. Initially, the alleged horrific gang rape of a woman in a hamlet in the Indian state of Rajasthan served as the immediate impetus for this campaign for gender justice. A social worker named Bhanwari Devi was gang-raped in exchange for her selfless efforts to stop child marriage. Regrettably, this criminal case was dropped [1] due to inadequate evidence supporting the offense. Yet, this event attracted support from a number of NGOs and social activists, reinforcing the need for particular laws for workplace sexual harassment of women in light of gender equality.

Judgment: The Court established the rules and standards to be followed at all workplaces until legislation is passed under Article 32 of the Constitution to implement the Fundamental Rights, taking into account the lack of domestic law governing gender equality and protection against sexual harassment at work. Additionally, according to the court, this falls under the purview of Article 141 of the Constitution.

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