J. S. VERMA, SUJATA V. MANOHAR, B. N. KIRPAL
Vishaka – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Verma, CJI.-This Writ Petition has been filed for the enforcement of the fundamental rights of working women under Articles 14, 19 and 21 of the Constitution of India in view of the prevailing climate in which the violation of these rights is not uncommon. With the increasing awareness and emphasis on gender justice, there is increase in the effort to guard against such violations; and the resentment towards incidents of sexual harassment is also increasing. The present petition has been brought as a class action by certain social activists and NGOs with the aim of focussing attention towards this societal aberration, and assisting in finding suitable methods for realisation of the true concept of gender equality ; and to prevent sexual harassment of working women in all work places through judicial process, to fill the vacuum in existing legislation.
2. The immediate cause for the filing of this writ petition is an incident of alleged brutal gang rape of a social worker in a village of Rajasthan. That incident is the subject matter of a separate criminal action and no further mention of it, by us, is necessary. The incident reveals the hazards to which a working woman may
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