In VISHAKA v. STATE OF RAJASTHAN, AIR 1997 SC 3011, the Supreme Court of India used international conventions to:
Afashion BINDING GUIDELINES against sexual harassment at the workplace until Parliament legislates, drawing on CEDAW and customary international law obligations
Btransfer the case to the International Court of Justice for final adjudication (cf. Vishaka v. State of Rajasthan, AIR 1997 SC 3011)
Cdirectly enforce CEDAW as Indian domestic law without any further implementation (cf. Vishaka v. State of Rajasthan, AIR 1997 SC 3011)
Ddeclare the entire constitutional scheme inadequate for women's rights (cf. Vishaka v. State of Rajasthan, AIR 1997 SC 3011)
Answer & Solution
Correct answer: A. fashion BINDING GUIDELINES against sexual harassment at the workplace until Parliament legislates, drawing on CEDAW and customary international law obligations
1. In Vishaka v. State of Rajasthan (1997), the Supreme Court (per Verma CJI) addressed the absence of Indian legislation on sexual harassment at the workplace.
2. The Court used the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), to which India is a party, to FASHION GUIDELINES (the 'Vishaka Guidelines') as the law until Parliament legislates.
3. The Court held: 'The international conventions and norms are to be read into the [constitutional] guarantees in the absence of enacted domestic law occupying the field when there is no inconsistency between them.'
4. Vishaka Guidelines were ultimately superseded by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
5. Hence option B is correct.
_Source: UN Charter 1945 / Vienna Convention on Law of Treaties 1969 / ICJ Statute / ARSIWA 2001 — Vishaka v. State of Rajasthan, AIR 1997 SC 3011_
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