Each such incident results in
violation of the fundamental rights of 'Gender Equality' and the 'Right of Life
and Liberty'. It is clear violation of the rights under Articles 14, 15 and 21
of Constitution. One of the logical consequences of such an incident is also
the violation of the victim's fundamental right under Article 19(1)(g) 'to
practice any profession or to carry out any occupation, trade or business'.
Such violations, therefore, attract the remedy under Article 32 for the
enforcement of these fundamental rights of women. This class action under
Article 32 of the Constitution is for this reason. A writ of mandamus in such a
siltation, if it is to be effective, needs to be accompanied by directions for
prevention; as the violation of fundamental rights of this kind is a recurring
phenomenon. The fundamental right to carry on any occupation, trade or profession
depends on the availability of a "safe" working environment. Right to
life means life with dignity. The primary responsibility for ensuring such
safety and dignity through suitable legislation, and the creation of a
mechanism for its enforcement, is of the legislature and the executive. When,
however, instances of sexual harassment resulting in violation of fundamental
rights of women workers under Articles 14, 19 and 21 are brought before us for
redress under Article 32, an effective redressal requires that some guidelines
should be laid down for the protection of these rights to fill the legislative
vacuum.
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