Supreme Court Rulings On Gender-Based Violence
1. Vishakha v. State of Rajasthan (1997)
Facts:
This case arose after the brutal gang rape of a social worker in Rajasthan. The victim died, and there was no specific legislation to deal with sexual harassment at the workplace.
Issue:
Whether there were guidelines or legal provisions to protect women from sexual harassment at work.
Ruling:
The Supreme Court laid down the Vishakha Guidelines, which recognized sexual harassment as a violation of fundamental rights under Articles 14, 15, and 21 of the Indian Constitution. The court mandated preventive measures and redressal mechanisms for workplaces until a legislation was enacted.
Significance:
First time sexual harassment was recognized as a violation of constitutional rights.
Paved the way for the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Created binding guidelines for employers to prevent and address sexual harassment.
2. State of Punjab v. Gurmit Singh (1996)
Facts:
This case dealt with the issue of rape and the need to ensure timely justice for survivors.
Issue:
Whether the rape survivor’s testimony requires corroboration to convict the accused.
Ruling:
The Supreme Court ruled that rape is a heinous crime, and a survivor’s testimony alone is sufficient for conviction if found credible. There is no requirement for corroborative evidence.
Significance:
Emphasized the need for a sensitive approach in rape cases.
Acknowledged the trauma faced by survivors.
Helped in speeding up convictions without undue insistence on corroboration, which was often a barrier in rape trials.
3. Navtej Singh Johar v. Union of India (2018)
Facts:
This case challenged Section 377 of the Indian Penal Code, which criminalized consensual same-sex relations.
Issue:
Whether Section 377 violated fundamental rights of LGBTQ+ individuals, including protection against gender-based violence.
Ruling:
The Supreme Court decriminalized consensual homosexual acts between adults, ruling that Section 377 violated Articles 14, 15, 19, and 21.
Significance:
Landmark judgment expanding gender rights and dignity.
Recognition that discrimination on the basis of sexual orientation is unconstitutional.
Broader implications on the protection against gender-based violence for marginalized communities.
4. Shakti Vahini v. Union of India (2018)
Facts:
This case dealt with the issue of honour killings—murders committed to protect perceived family or community honor, often targeting women who choose their own partners.
Issue:
Whether honour killings violate constitutional rights and how the state should act.
Ruling:
The Court recognized honour killings as a gross violation of fundamental rights and directed states to establish special courts to deal with such cases. It emphasized proactive police action and protection for vulnerable individuals.
Significance:
Recognized honour killings as a severe form of gender-based violence.
Directed states to take proactive measures for prevention and speedy justice.
Strengthened the state’s responsibility to protect vulnerable individuals.
5. Laxmi v. Union of India (2014)
Facts:
This case involved a brutal acid attack survivor, Laxmi, who challenged the existing laws for not being strict enough to prevent acid attacks.
Issue:
Whether the existing legal provisions were adequate for preventing acid attacks and compensating victims.
Ruling:
The Supreme Court laid down guidelines to regulate the sale of acid, ensure strict punishment for attackers, and provide immediate medical treatment and compensation for victims.
Significance:
Strengthened the legal framework against acid attacks, a form of gender-based violence.
Focused on victim compensation and rehabilitation.
Ordered regulation on the sale of acid to prevent such attacks.
Summary:
These rulings collectively show how the Supreme Court has expanded the protection of gender rights by interpreting constitutional provisions broadly, recognizing new forms of violence, and insisting on proactive government action. The court has often acted as a catalyst for legislative reforms and social change regarding gender-based violence in India.
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