Vishaka v. State of Rajasthan , AIR 1997 SC 3011

The immediate cause for the filing of this writ petition was an incident of alleged

brutal gang rape of a social worker in a village of Rajasthan . The  petition was brought as a class action by

certain social activists and NGOs with the aim of focusing attention towards this societal aberration, and

assisting in finding suitable methods for realization of the true concept of 'gender equality and to

prevent sexual harassment of working women in all work places through judicial process.

JUDGMENT: - The Court while admitting the petition under Article 32 of the Constitution held that such

incidents resulted in the violation of the fundamental rights of 'Gen der Equality' and the 'Right to Life and

Liberty '. The Court declaring them to be a clear violation of the rights under Articles 14 (Right to

Equality), 15 (Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth) and

21 (R ight to life and liberty) of the Constitution and stated, “One of the logical consequences of such an

incident is also the violation of the victim's fundamental right under Art. 19(1)(g) 'to practice any

profession or to carry out any occupation, trade or business'.” It further observed that the fundamental

right to carry on any occupation, trade or profession depended on the availability of a "safe" working

environment. Right to life means life with dignity.