Vishaka and Ors. vs. State of Rajasthan and Ors., (1997) 6 SCC 241 (India)

The petition was filed for the enforcement of fundamental rights of working women under the constitution due to the prevailing climate when the violation of these rights is commonplace. The petition was brought as a class action by social activists and non-governmental organizations and was precipitated by an alleged brutal gang rape of a social worker. Although a separate criminal case is pending, and no further mention of the case is made, the court noted that the incident reveals hazards to which a working woman may be exposed. In its decision, the court referred to certain international conventions including the Convention on the Elimination of All Forms of Discrimination Against Women. In connection with this, the court said that the independence of the judiciary forms a part of the constitutional scheme. The international conventions and norms are to be read into them in the absence of enacted domestic law occupying the field when there is no inconsistency between them and there is a void in the domestic law. Moreover, gender equality includes protection from sexual harassment and the right to work with dignity, which is a universally recognized basic human right. The common minimum requirement of this right has received global acceptance. The International Conventions and norms are, therefore, of great significance in the formulation of the guidelines to achieve this purpose.