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Basics of Case Law - SYNOPSIS: Page - 1

This document provides a synopsis of basics of case law. It summarizes the key points of the Vishaka v. State of Rajasthan case where the court laid down the definition of sexual harassment and steps employers must take to prevent it, as there were no formal guidelines prior to 1997. It outlines the research question on whether the court exceeded its jurisdiction by framing rules without legislation and in interpreting international conventions not expressly incorporated by parliament. It also questions if fundamental rights can be enforced against private parties.

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Ronit Kumar
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41 views5 pages

Basics of Case Law - SYNOPSIS: Page - 1

This document provides a synopsis of basics of case law. It summarizes the key points of the Vishaka v. State of Rajasthan case where the court laid down the definition of sexual harassment and steps employers must take to prevent it, as there were no formal guidelines prior to 1997. It outlines the research question on whether the court exceeded its jurisdiction by framing rules without legislation and in interpreting international conventions not expressly incorporated by parliament. It also questions if fundamental rights can be enforced against private parties.

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

Water is an inorganic, transparent,


tasteless, odorless, and nearly colorless
chemical substance, which is the main
constituent of Earth's hydrosphere and the
fluids of most living organisms. It is vital
for all known forms of life, even though it
provides no calories or organic nutrients.
Its chemical formula is H2O, meaning that
each of its molecules contains one oxygen
and two hydrogen atoms, connected by
covalent bonds. Water is the name of the
liquid state of H2O at standard ambient
temperature and pressure. It forms
precipitation in the form of rain and
aerosols in the form of fog. Clouds are
formed from suspended droplets of water
and ice, its solid state. When finely
divided, crystalline ice may precipitate in
the form of snow. The gaseous state of
water is steam or water vapor. Water
moves continually through the water cycle
of evaporation, transpiration
(evapotranspiration), condensation,
precipitation, and runoff, usually reaching
the sea. Water covers 71% of the Earth's
surface, mostly in seas and oceans.[1]
Small portions of water occur as
groundwater (1.7%), in the glaciers and the
ice caps of Antarctica and Greenland
(1.7%), and in the air as vapor, clouds
(formed of ice and liquid water suspended
in air), and precipitation (0.001%).[2][3]

Page | 1
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

Page | 2
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 | 5

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