This is the landmark judgment of the Supreme Court passed on the social evil of SEXUAL HARASSMENT. Sexual harassment means unwelcome gestures by one gender to another, to whom it’s made feel humiliated and offended. In the case of homosexuality the same gender insult another gender of same-sex by unwelcome gestures.
FACTS OF THIS CASE:
Bhanwari Devi, activist and social worker working under Rajasthan Government initiated a program against Child marriage. She was working under his object to stop child marriage tried to stop the marriage of an infant child who was less than one year old in Ramkaran Gujjars’ home. She made her full efforts on her part to stop the marriage and at last succeeded but by her act the head of the family and other villagers offended.
For made her to learn lesson Ramkaran Gujjar with other five members of the village raped Bhanwari devi infront of her husband for her good deed against social evil.
When she approached nearby primary health centre but it refused to help her and then during the treatment at Jaipur hospital, the hospital only confirmed her age but said nothing about rape nor gave her the medical report. When she reached the police station for lodging the complaint, the female constable and other who were present in the police station said bad things about her. The constable asked her to leave her lower parts of cloth as evidence before going back to village.
She left with blood stained dhoti of her husband and due to this both husband and wife both spent their night in police station.
The trial court discharged the accused of charge of gang rape and High court stated that gang rape took place out of revenge. The judgments made NGOs and women to file PIL before the Supreme Court.
The issue rose regarding the necessity of guidelines for sexual harassment at work place.
Chief justice J S Verma pronounced judgment on behalf of Justice Sujata Manohar and Justice B N Kripal.
This is the fundamental right of employee under article 14(2), article 19 and article 21 of constitution to have safe environment in the working zone or at occupation space. It’s the right of every person to live with dignity. It’s necessary to have safe environment at workplace.
The court highlighted the fact of gender equality in its judgment and provided guidelines for safe working environment.