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2020 Supreme(Cal) 547

DIPANKAR DATTA, MADHUMATI MITRA
Institute Of Hotel Management, Catering Technology And Applied Nutrition – Appellant
Versus
Suddhasil Dey – Respondent


Advocates Appeared:
Soumya Majumder, Advocate, Sandip Bhattacharya, Advocate, Dipta Banerjee, Advocate, Sudip Krishna Datta, Advocate

JUDGMENT

Dipankar Datta, J. - Certain values of life, with which we Indians were always proud to associate ourselves, are fast on the decline. Respect for religion and love for humanity seem to be things of the past. Disrespect for women has also been on the increase. Although several legislation saw the light of the day to protect women, the country was lagging behind in one area. Noticing that there was no law to protect women from harassment and abuse at the workplace, attempts were made to restore some sense of sanity in this behalf. This resulted in the path breaking judgment being delivered by the Supreme Court in Vishaka v. State of Rajasthan, (1997) 6 SCC 241. Inter alia, it was held therein that working women, in workplaces, have the right to gender equality, to work with dignity and to a working environment that is safe and protected from sexual harassment or abuse. In the absence of enacted law to provide for the effective enforcement of the basic human right of gender equality and guarantee against sexual harassment and abuse, more particularly against sexual harassment at workplaces, the Court laid down guidelines and norms for due observance at all workplaces or other

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