Protection of Women’s Rights in India Through PIL: An Analysis of The Vishaka Case

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Authors

  • Imteyaz Ahmed Department of Political Science, Aligarh Muslim University, Aligarh, UP, India
  • Dr. Fasih Raghib Gauhar Department of Political Science, Aligarh Muslim University, Aligarh, UP, India
https://doi.org/10.55559/sjahss.v3i6.251

Keywords:

Protection of Women’s Rights, PIL, Vishaka Case, CEDAW, Human rights

Abstract

The Indian Supreme Court played a very important role by using Public Interest Litigation for the enforcement of Fundamental Rights to the underprivileged and the marginalized sections of society. The concept of ‘pro bono Público’ litigation was introduced first by Justice Krishna Iyer. It was further elaborated and enforced by Chief Justice P. N. Bhagwati in the judge’s case. In the concept of the protection of women’s rights, the Vishaka judgement delivered by Justice Verma is a landmark pronouncement in which the provision of CEDAW was involved by applying the principle of incorporation. This judgement created the conditions conclusive for the enactment of various laws in India for the promotion of women’s rights in India. This paper seeks to explain the tool of PIL about women’s rights with a detailed account of the Vishaka Case. The study process on the impact and significance of the case and analysis of the present state of women in India despite specific and special constitutional safeguards and statutory provisions and judicial intervention.

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References

Anuradha K. (n. d.) Judicial Activism in Protection and Promotion of Women in India with special reference to Indian Constitution. Retrieved from https://www.legalserviceindia.com/legal/article-116-judicial-activism-in-protection-and-promotion-of-women-in-india-with-special-reference-to-indian-constitution.html

Avani, M. Sood (2008), Gender Justice through Public Interest Litigation: Case Studies from India, 41 Vanderbilt Law Review, 833-906, Retrieved from https://scholarship.law.vanderbilt.edu/vjtl/vol41/iss3/4

Chadha, A. (2018). Law relating to Sexual harassment of women at the workplace in India: A critical review. Social Science Research Network. https://doi.org/10.2139/ssrn.3171264 DOI: https://doi.org/10.2139/ssrn.3171264

Hashim, N. B. (2013). Moves towards Progressive Legal Framework and Energetic Jurisprudential Behavioral on the Enforcement of Public Interest Litigation in the New Millennium. Procedia: Social & Behavioral Sciences, 105, 484–490. https://doi.org/10.1016/j.sbspro.2013.11.051 DOI: https://doi.org/10.1016/j.sbspro.2013.11.051

Laxmikanth M. (2015). Indian Polity. Mc Graw Hill Education 4th Ed.

Khan, M. W. (2019). Manual Scavenging: A Practice Prohibited, Yet Continues. Asian Resonance. 8(2), 162-168

Rout, N. & Bez, J. (2017). Women’s Rights and Violence in India: A Study of Constitutional Safeguards. Odisha Review. 16(1), 15-29. Retrieved from https://magazines.odisha.gov.in/Orissareview/2017/Jan/engpdf/15-29.pdf

Samour, A. (n. d.) Women’s Human Rights. Legal Service India E-Journal. Retrieved from https://www.legalserviceindia.com/legal/article-8274-women-s-human-rights.html

Settlements, U. C. F. H., & Sweden. (1999). Women’s rights to land, housing and property in post-conflict situations and during reconstruction : a global overview : a research study conducted with the support of the government of Sweden. United Nations Digital Library System. https://digitallibrary.un.org/record/432263?ln=en

Vijapur, A. P., (2010). Human Rights in International Relation. Manak Publication PVT. LTD. Pg. 17-18.

Published on: 30-06-2024

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How to Cite

Ahmed, I., & Gauhar, F. R. (2024). Protection of Women’s Rights in India Through PIL: An Analysis of The Vishaka Case. Sprin Journal of Arts, Humanities and Social Sciences, 3(6), 35–39. https://doi.org/10.55559/sjahss.v3i6.251
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