As part of a governmental campaign against child marriage, Bhanwari Devi attempted to stop the marriage of a one year-old girl in rural Rajasthan. Members of the local community retaliated first by harassing Bhanwari Devi with threats and imposing a socioeconomic boycott on her family. Bhanwari Devi faced numerous obstacles when she attempted to seek justice. Frustrated by the criminal justice system’s inability to provide tangible remedies, restore the dignity of the victim, NainaKapur, a lawyer who had attended Bhanwari Devi’s criminal trial, decided to initiate a PIL case action in the Supreme Court to challenge sexual harassment in the workplace. The Vishaka writ petition was filed in 1992 in the names of five NGOs against the State of Rajasthan, its Women and Child Welfare Department, its Department of Social Welfare, and the Union of India. The Vishaka judgment recognized sexual harassment as “a clear violation” of the fundamental constitutional rights to equality, nondiscrimination, life, and liberty, as well as the right to carry out any occupation. The guidelines, directed toward employers, included a definition of sexual harassment, a list of steps for harassment prevention, and a description of complaint procedures to be “strictly observed in all work places for the preservation and enforcement of the right to gender equality.” It has promoted greater enforcement of women’s rights and broader application of international law at the high court level. The case has thus been described as “path breaking,” “one of the most powerful legacies” of PIL case, and a “trendsetter” that “created a revolution.”
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i) Who filed PIL in the Supreme Court and why?
ii) What was the Judgement?
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Unfair labor practices - on the part of employer and on the part of employee. Industrial Relations. Collective bargaining. Workers participation in Management. (The Constitution of India, Art 43A) Employee welfare. Occupational health and safety. Industrial Disputes. Strikes (Industry) Lockouts (Industry)
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