Delhi

‘Constitutional duty needed to combat violations of rights of women workers’

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SC’s 1997 judgment led to Vishaka guidelines: Upendra Baxi

Constitutional duty and discipline are required so that recurrent violations of fundamental rights of women workers can be combated through guidelines, noted legal scholar Prof. Upendra Baxi said on Friday, referring to the landmark judgment of the Supreme Court in the Vishaka case.

Speaking at the 25th Justice Sunanda Bhandare Memorial Lecture here in the Capital, Mr. Baxi said the apex court had acknowledged that the primary responsibility for ensuring such safety and dignity, through suitable legislation and creation of a mechanism for its enforcement, lie with the legislature and the executive.

“Since they [executive and legislature] had manifestly failed to act, the apex court was duty bound under Article 32 to intervene in fulfilment of its Constitutional obligations to enforce the right to Constitutional remedies,” Mr. Baxi said.

“Recognising sexual harassment at workplace as a ‘recurring phenomenon’ and the importance of availability of safe working environment,” Mr. Baxi said, the Supreme Court’s 1997 judgment led to the Vishaka guidelines against sexual harassment at workplace.

Mr. Baxi was delivering this year’s memorial lecture on “How to Engender the Basic Structure Doctrine?: The Elusive Future of Women’s Rights as Human Rights”, which was presided over by K.K. Venugopal, Attorney General of India.

Each year, Justice Sunanda Bhandare Foundation organises a memorial lecture on a theme relating to empowerment of women, child rights and the rights of differently abled people.

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Printable version | Dec 9, 2019 12:19:45 PM | https://www.thehindu.com/news/cities/Delhi/constitutional-duty-needed-to-combat-violations-of-rights-of-women-workers/article30119539.ece

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