In VISHAKA v. STATE OF RAJASTHAN, AIR 1997 SC 3011, the Supreme Court used CEDAW provisions to:
Answer & Solution
Correct answer: C.
1. In Vishaka v. State of Rajasthan (1997), the Supreme Court addressed the absence of Indian legislation against sexual harassment at the workplace.
2. The Court used CEDAW Article 11 (right of women to enjoy safe and healthy working conditions) and General Recommendation No. 19 (1992) on violence against women.
3. The Court framed the 'Vishaka Guidelines' as binding law until Parliament legislates.
4. The Guidelines were superseded by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
5. The Court held: 'Any international convention not inconsistent with the fundamental rights and in harmony with its spirit must be read into these provisions to enlarge their meaning and content.'
6. Hence option B is correct.
_Source: UDHR 1948 / ICCPR 1966 / ICESCR 1966 / CAT 1984 / CEDAW 1979 / CRC 1989 / PHRA 1993 / Constitution Part III — Vishaka v. State of Rajasthan, AIR 1997 SC 3011_
Related questions
The RIGHT TO FOOD under ICESCR Article 11 was elaborated in CESCR General Comment No. 12 (Article 13 ICESCR recognises the right to EDUCATION. Primary education shall be:Section 11A NHRC complaints are admitted on grounds of:The KAMPALA AMENDMENTS to the Rome Statute (2010) activated the CRIME OF AGGRESSION jurisdThe DOCTRINE OF EXTRA-TERRITORIAL APPLICATION of HUMAN RIGHTS treaties (per the ICJ Wall AThe PRINCIPLE OF PROGRESSIVE REALIZATION in ICESCR (Article 2(1)) is balanced by the doctrIn NUREMBERG TRIALS 1945-46, the International Military Tribunal articulated the principleArticle 41 ICCPR provides for INTER-STATE COMPLAINTS — a State Party may complain to the H