Case analysis of Vishaka vs State of Rajasthan (case analysis of Public Interest litigation)
It is one of the cases in which a woman has had a project to go through the village. Where child marriage was being practiced from the periods. No news was being reported earlier regarding this reason. Here when the woman was reporting this incident. She was sexually harassed by the men. Finally, due to the revenge, she died where she was brutally raped and murdered.
Here the issue was regarding this suit can be filed in the PIL (Public interest litigation). I see the incident resulted in the murder. There will be questions arising in the mind. How can we file under the PIL? There is the option that we can file under the Public Interest Litigation. In the above case, it is called sexual harassment. When the murder was been committed before she was subjected to sexual harassment. In matters of Public Interest litigation, there is the concept of the violation of the fundamental right. In this case, there was the first type of sexual harassment which was done in the first place. Because sexual harassment is a violation of the fundamental right. In the constitution of the fundamental right, we have the right known as the right to freedom and religion. But it should not be in the form where it should be harassing the people by going beyond the limit.
There was a similar case where the court said that there was a similar fact but the incident did not result in murder or rape. But she was cruelly harassed by the boss of the company. Where she was denying her giving more loads of the work. In this case, she was being tortured also. Here the court said that there is the scope of the PIL where it comes in the bracket of the PIL. This case relates to the specific matter of violation of the fundamental right. Many judgments are similar to the matter of PIL.
There is a wider concept in the scope of PIL. This will be one of the instruments for the weaker section of the society especially the violation of the fundamental right. In this matter PIL Public Interests litigation. In this concept, this plays a vital role for the backbone of the weaker section of the society that would be beneficial for the society to bring that out from the outcome of the case.
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