But it also depends on each individual case and circumstances, because it may well be the case that the woman may also be at fault. Any other unwelcome physical, verbal/non-verbal conduct being sexual in nature.The question is not whether women have the right to bodily integrity, as this right is already adumbrated under Article.21 of the Constitution of India. It was in this landmark case that the sexual harassment was identified as a separate illegal behaviour. Kirpal, JJ., on a writ petition filed by Vishaka- a non Governmental organization working for gender equality by way of PIL seeking enforcement of fundamental rights of working women under Article.21 of the Constitution.
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investigation of Most cases are not reported by victims because of various reasons such as family pressures, the manner of the police, the unreasonably long and unjust process and application of law; and the resulting consequences thereof. Gill Rs.2.5 lacs in lieu of three months Rigorous Imprisonment under Sections. In the abovementioned case, the judgment was delivered by J. All the employers in charge of work place whether in the public or the private sector, should take appropriate steps to prevent sexual harassement without prejudice to the generality of his obligation, he should take the following steps: a) Express prohibition of sexual harassment which includes physical contact and advances, a demand or request for sexual favours, sexually coloured remarks, showing pornographic or any other unwelcome physical, verbal/ non-verbal conduct of sexual nature should be noticed, published and circulated in appropriate ways.
In instances where women have reported such illegal and unwelcome behavior, there have been significant victories in the past decade or so. Rupan Bajaj filed a suit against him, despite the public opinion that she was blowing it out of proportion, along with the attempts by all the senior officials of the state to suppress the matter. b) The rules and regulations of government and public sector bodies relating to conduct and discipline should include rules prohibiting sexual harassment and provide for appropriate penalties in such rules against the offender. Chopra case, is the first case in which the Supreme Court applied the law laid down in Vishakas case5 and upheld the dismissal of a superior officer of the Delhi based Apparel Export Promotion Council who was found guilty of sexual harassment of a subordinate female employee at the place of work on the ground that it violated her fundamental right guaranteed by Article.21 of the Constitution.
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