Question
Read this extract from Vishaka v. State of Rajasthan and answer the questions: In view of the above, and the absence of enacted law
- Read this extract from Vishaka v. State of Rajasthan and answer the questions:
"In view of the above, and the absence of enacted law to provide for the effective enforcement of the basic human right of gender equality and guarantee against sexual harassment and abuse, more particularly against sexual harassment at work places, we lay down the guidelines and norms specified hereinafter for due observance at all work places or other institutions, until a legislation is enacted for the purpose. This is done in exercise of the power available under Article 32 of the Constitution for enforcement of the fundamental rights and it is further emphasised that this would be treated as the law declared by this Court under Article 141 of the Constitution."
Critically examine:
- The rise of judicial activism through public interest litigation
- The role of a judge under the Indian Constitution in the context of Vishaka v. State of Rajasthan (1997) 6 SCC 241
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