When was the first pil reported in India . Discuss the case in brief (600 words )
Answers
PILs have achieved a place of great importance in our legal system. In India, the first PIL was filed in the year 1976 – Mumbai Kamgar Sabha v. M/s Abdulbhai Faizullabhai and others. The seed of the PIL was sown by Justice Krishna Iyer through this landmark judgement. Soon thereafter, with the efforts of Justice Bhagwati, the concept of the PIL evolved and developed to a great extent. 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 socio-economic boycott on her family. Then, on September 22, 1992, five men raped Bhanwari Devi. Bhanwari Devi faced numerous obstacles when she attempted to seek justice. Frustrated by the criminal justice system’s inability to provide tangible remedies and restore the dignity of the victim, Naina Kapur, a lawyer who had attended Bhanwari Devi’s criminal trial, decided to initiate a PIL 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 & 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 of equality, non-discrimination, 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 workplaces for the preservation and enforcement of the right to gender equality.”
It 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, and a “trendsetter” that “created a revolution”.
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