Case Law On Enforcement Of Legal Protections For Women
1. Vishaka v. State of Rajasthan, 1997
Court: Supreme Court of India
Key Issue: Sexual harassment at the workplace
Facts:
Bichhri, a social worker, was allegedly raped by her employer. There was no law explicitly addressing sexual harassment at the workplace at that time.
Court Decision:
The Supreme Court framed Vishaka Guidelines, laying down preventive measures against sexual harassment at the workplace, including complaints mechanisms, accountability of employers, and ensuring protection of the victim.
These guidelines were later codified under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Significance:
Landmark judgment for protection of women from workplace harassment.
Established state and employer responsibility for preventing harassment.
2. Indra Sawhney & Others v. Union of India, 1992 (Mandal Case)
Court: Supreme Court of India
Key Issue: Reservation for women and backward classes
Facts:
The case primarily addressed caste-based reservations, but also recognized the principle of affirmative action for disadvantaged groups, including women in public employment.
Court Decision:
Court held that the state could take positive steps to enhance participation of marginalized groups, including women, in employment and education.
Affirmed that legal protections must be enforced actively by the government.
Significance:
Reinforced that women’s representation in public spheres is a matter of constitutional protection.
Provided a basis for subsequent women-focused reservations in legislatures and employment.
3. State of Punjab v. Gurmit Singh, 1996
Court: Supreme Court of India
Key Issue: Custodial violence against women
Facts:
Gurmit Singh, a police officer, was accused of sexually assaulting a woman in custody.
Court Decision:
Supreme Court clarified that custodial violence against women constitutes a violation of Articles 14, 19, and 21 of the Constitution.
Held that the police and state are liable for prosecution and compensation.
Significance:
Reinforced constitutional rights of women against abuse by state actors.
Established accountability mechanisms for law enforcement agencies.
4. Lillu vs. Union of India, 2013 (Delhi High Court)
Court: Delhi High Court
Key Issue: Protection against sexual assault and stalking
Facts:
A woman sought protection against repeated harassment and stalking by a former colleague.
Court Decision:
Court directed immediate protection measures under IPC Sections 354 (assault to outrage modesty), 509 (word/gesture intended to insult), and Protection of Women from Domestic Violence Act, 2005.
Ordered police to ensure personal safety and strict enforcement of restraining orders.
Significance:
Demonstrated judicial enforcement of protective measures.
Highlighted the role of courts in ensuring immediate safety and restraining harassment.
5. Shakti Vahini vs. Union of India, 2018
Court: Supreme Court of India
Key Issue: Honor killings and women’s autonomy in marriage
Facts:
Several young women in Haryana and Punjab were victims of “honor killings” for marrying outside their caste or community.
Court Decision:
Supreme Court directed stringent action against honor killings, fast-track courts for prosecution, and police accountability.
Affirmed that women have the fundamental right to choose their spouse, and any coercion or killing violates Articles 14, 19, and 21.
Significance:
Strengthened legal enforcement of women’s right to personal liberty and equality.
Highlighted the role of the judiciary in curbing patriarchal crimes against women.
Key Legal Principles Across Cases
Right to Equality and Liberty: Articles 14, 15, 19, 21 ensure protection against discrimination and violence.
Preventive Guidelines and Acts: Vishaka Guidelines → Sexual Harassment Act 2013; Domestic Violence Act 2005.
State Accountability: Police and authorities must enforce laws protecting women.
Affirmative Action: Legal protections include reservation and opportunities to enhance women’s participation.
Judicial Activism: Courts play a proactive role in enforcing laws, ensuring swift remedies and protective measures.
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