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1 - 10 of 11 (1.95 seconds)Apparel Export Promotion Council vs A.K. Chopra on 20 January, 1999
In fact the principles laid down in Vishaka's case came to be applied even in respect of a complaint made by the woman employee on 12.08.1988 working in Apparel Export Promotion Council v A.K.Chopra reported in (1999) 1 SCC 759. It is relevant to extract paragraphs 26 and 27 of the said Judgment, which is as follows:-
Vishaka & Ors vs State Of Rajasthan & Ors on 13 August, 1997
20. In the present case, the respondents did not do anything despite the fact that the petitioner pointing out the direction issued by the Supreme Court. The so called discreet enquiry conducted by the 3rd respondent does not satisfy the complaint mechanism evolved by the Supreme Court. On the other hand, the enquiry seems to be made only to get the view of all the employees in the office. There is no finding whether the petitioner was sexually harassed at the hands of Kolanchi and whether the incident had actually took place. It does not speak well of the respondents about disposing of such a complaint without conducting an enquiry as mandated by the Supreme Court in Vishaka's case (cited supra). On the other hand, the argument that she has spoiled the office atmosphere and because of her transfer and being woman employee she was let out with a severe warning do no good to the image of the respondents office which was created to oversee the welfare of labour working in other offices.
Article 226 in Constitution of India [Constitution]
Sheela Barse vs Secretary, Children Aid Society & ... on 20 December, 1986
These international instruments cast an obligation on the Indian State to gender-sensitise its laws and the courts are under an obligation to see that the message of the international instruments is not allowed to be drowned. This Court has in numerous cases emphasised that while discussing constitutional requirements, court and counsel must never forget the core principle embodied in the international conventions and instruments and as far as possible, give effect to the principles contained in those international instruments. The courts are under an obligation to give due regard to international conventions and norms for construing domestic laws, more so, when there is no inconsistency between them and there is a void in domestic law. (See with advantage Prem Shankar Shukla v. Delhi Admn.7; Mackinnon Mackenzie and Co. Ltd. v. Audrey D Costa8; Sheela Barse v. Secy., Childrens Aid Society9 SCC at p. 54; Vishaka v. State of Rajasthan6; Peoples Union for Civil Liberties v. Union of India10 and D.K. Basu v. State of W.B.11 SCC at p. 438.)
People'S Union For Civil Liberties & Anr vs Union Of India on 16 December, 2003
These international instruments cast an obligation on the Indian State to gender-sensitise its laws and the courts are under an obligation to see that the message of the international instruments is not allowed to be drowned. This Court has in numerous cases emphasised that while discussing constitutional requirements, court and counsel must never forget the core principle embodied in the international conventions and instruments and as far as possible, give effect to the principles contained in those international instruments. The courts are under an obligation to give due regard to international conventions and norms for construing domestic laws, more so, when there is no inconsistency between them and there is a void in domestic law. (See with advantage Prem Shankar Shukla v. Delhi Admn.7; Mackinnon Mackenzie and Co. Ltd. v. Audrey D Costa8; Sheela Barse v. Secy., Childrens Aid Society9 SCC at p. 54; Vishaka v. State of Rajasthan6; Peoples Union for Civil Liberties v. Union of India10 and D.K. Basu v. State of W.B.11 SCC at p. 438.)
Shri D.K. Basu,Ashok K. Johri vs State Of West Bengal,State Of U.P on 18 December, 1996
These international instruments cast an obligation on the Indian State to gender-sensitise its laws and the courts are under an obligation to see that the message of the international instruments is not allowed to be drowned. This Court has in numerous cases emphasised that while discussing constitutional requirements, court and counsel must never forget the core principle embodied in the international conventions and instruments and as far as possible, give effect to the principles contained in those international instruments. The courts are under an obligation to give due regard to international conventions and norms for construing domestic laws, more so, when there is no inconsistency between them and there is a void in domestic law. (See with advantage Prem Shankar Shukla v. Delhi Admn.7; Mackinnon Mackenzie and Co. Ltd. v. Audrey D Costa8; Sheela Barse v. Secy., Childrens Aid Society9 SCC at p. 54; Vishaka v. State of Rajasthan6; Peoples Union for Civil Liberties v. Union of India10 and D.K. Basu v. State of W.B.11 SCC at p. 438.)
D.S. Grewal vs Vimi Joshi & Ors on 17 December, 2008
"19......The legislature too has keeping in mind the above noted guidelines from Vishaka1 recently drafted the Protection of Women against Sexual Harassment at Workplace Bill, 2007. The Bill is to provide for the prevention and redressal of sexual harassment of women at workplace and for matters connected therewith or incidental thereto. The draft law provides for consideration of a mandatory committee to hear complaints of sexual harassment. It also stipulates the procedures for setting up of these committees. If the complaint is found to be true, the draft law provides for monetary compensation. It also stipulates a time period for completing the enquiry and for employers to take action against the accused. We are aware that the Bill has not till yet been enacted by Parliament. We cite the Bill only to show that the lawmakers too have accepted the directions and guidelines which had been laid down by this Court.