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In Vishaka v. State of Rajasthan (1997), the Supreme Court laid down guidelines to prevent sexual harassment at workplace, filling legislative vacuum until the Sexual Harassment of Women at Workplace Act was enacted in 2013, illustrating judicial activism in protecting women's rights under Articles 14, 15, 19, and 21.
- True
- False
Answer: True
Vishaka (1997) gender justice and judicial activism: (a) Context: Sexual harassment of social worker in Rajasthan; no specific legislation on workplace sexual harassment at that time, (b) Supreme Court holding: (i) Laid down binding guidelines (Vishaka Guidelines) to prevent sexual harassment at workplace, (ii) Guidelines based on CEDAW (international convention), Articles 14, 15, 19, 21, (iii) Key measures: Complaint committees, prevention mechanisms, victim protection, employer liability, (c) Applications: (i) Operationalized until Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, (ii) Foundation for gender justice jurisprudence: Shayara Bano (triple talaq), Joseph Shine (adultery), Navtej Singh Johar (LGBTQ+ rights), (iii) Illustrates judicial role: Courts can issue guidelines when legislative vacuum violates fundamental rights; temporary measure until Parliament legislates, (d) Rationale: (i) Rights protection: Judicial activism essential when legislature fails to protect fundamental rights, (ii) Separation of powers: Guidelines respect legislative domain; Parliament later enacted comprehensive law, (iii) International law: CEDAW obligations inform constitutional interpretation, (e) Illustrates transformative constitutionalism: Using constitutional values to advance gender justice; judicial activism as tool for social transformation when legislative action delayed.