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Shambasiv (n/a)     01 November 2007

Constitution of India

[align=center]Article 19(1)(g):[/align]

[align=center]All citizen shall have the right to pratice any profession, or to carry on 
any occupation, trade or Business.[/align]

[align=justify]""The meaning and content of the fundamental right... are of sufficient amplitude to encompass all the facets of gender equality including prevention of sexual  harassment or abuse... The fundamental right to carry on any occupation, trade or profession depends on the availability of a 'safe' working environment... When, however, instances of sexual harassment resulting in violation of fundamental rights of women workers under Article 14, 19 and 21 are brought before us for redress.., an effective redressal requires that some guidelines should be laid down for the protection of these rights to fill the legislative vacuum.""

""In the absence of domestic law occupying the field, to formulate effective measures to check the evil of sexual harassment of working women, the contents of international conventions and norms are significant for the purpose of interpretation of the guarantee of gender equality... and the safeguards against sexual harassment implicit therein. Any international convention not inconsistent with the fundamental rights and in harmony with its spirit  must be read into these provisions to enlarge the meaning and content thereof;...""

- The Supreme Court in Vishaka v. State of Rajasthan, (1997) 6 SCC 241 (at 251, 247-248).[/align]


Learning

 1 Replies

ritu bhadana (advocate)     31 March 2009

thanx for the info


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