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Basics of Case Law - SYNOPSIS: Page - 1

This document provides a synopsis for a project analyzing the Supreme Court case Vishaka v. State of Rajasthan. The project aims to determine if the court exceeded its jurisdiction by establishing guidelines for dealing with sexual harassment at work in the absence of legislation. It will examine precedents relying on Vishaka and discuss judicial activism, international conventions, and enforcing fundamental rights against private parties. Research methods will include analyzing court documents, articles, and international law. The introduction provides context on the lack of sexual harassment laws pre-1997 and how the Vishaka case established the first guidelines.

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Ronit Kumar
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72 views6 pages

Basics of Case Law - SYNOPSIS: Page - 1

This document provides a synopsis for a project analyzing the Supreme Court case Vishaka v. State of Rajasthan. The project aims to determine if the court exceeded its jurisdiction by establishing guidelines for dealing with sexual harassment at work in the absence of legislation. It will examine precedents relying on Vishaka and discuss judicial activism, international conventions, and enforcing fundamental rights against private parties. Research methods will include analyzing court documents, articles, and international law. The introduction provides context on the lack of sexual harassment laws pre-1997 and how the Vishaka case established the first guidelines.

Uploaded by

Ronit Kumar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Basics of Case Law - SYNOPSIS

AIMS AND
OBJECTIVES
The aim of this project is
to determine, on the basis
of precedents and cases
which relied on the said
case of Vishaka, whether
the court exceeded its
jurisdiction by
overstepping on the roles
of the legislature.

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Basics of Case Law - SYNOPSIS

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Basics of Case Law - SYNOPSIS

TENTATIVE
CHAPTERISATION

 Facts of the case

 Sexual Harassment a legal


perspective

 Judicial Activism

 International Conventions

 Enforcement of Fundamental
Rights against Private parties

 Conclusion

 Bibliography

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Basics of Case Law - SYNOPSIS

INTRODUCTION

In India, before 1997, there were no formal guidelines for how an incident involving sexual
harassment at workplace should be dealt by an employer. Women experiencing sexual
harassment at workplace had to lodge a complaint under Section 354 of the Indian Penal
Code that deals with the criminal assault of women to outrage women's modesty' and Section
509 that punishes an individual or individuals for using a 'word, gesture or act intended to
insult the modesty of a woman'. These sections left the interpretation of 'outraging women's
modesty' to the discretion of the police officer.

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Basics of Case Law - SYNOPSIS

METHOD OF STUDY

This project is based on doctrinal research methodology. The researcher has used diverse
sources like the use of SCC Online, reading of the relevant judgments, use of search
regarding the articles and books on interpretation of articles 21, the relevant powers of the
court under article 141, and manually looking up the professional journals for articles.

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Basics of Case Law - SYNOPSIS

 In the case of Vishaka v. State of Rajasthan the court laid down the
definition of sexual harassment and the steps to be taken by the employer
to prevent this menace.


 RESEARCH QUESTION

 Whether the court exceeded its jurisdiction by framing rules and
regulations in the absence of legislation?
 Whether the court was competent to interpret international conventions
which had though been ratified by the government, not been read into the
law expressly by the parliament?
 Whether fundamental rights can be enforced against private parties?

Page | 6

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