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Article 19(1)(g): All citizen shall have the right to pratice any profession, or to carry on
"The meaning and content of the fundamental right... are of sufficient
amplitude to encompass all the facets of gender equality including prevention of
sexual harassment or abuse... The fundamental right to carry on any
occupation, trade or profession depends on the availability of a 'safe' working
environment... When, however, instances of sexual harassment resulting in
violation of fundamental rights of women workers under Article 14, 19 and 21 are
brought before us for redress.., an effective redressal requires that some
guidelines should be laid down for the protection of these rights to fill the
legislative vacuum." Comment Though the Supreme Court had on several occasions shown its sensitivity to gender issues, Geeta Hariharan and Vishaka were watersheds. In the former case, interpreting the law, the Court held that the Hindu mother had equal right with the Hindu father for guardianship of her child. In the later case, the Court, in the absence of legislation, placed reliance on the "Convention on the Elimination of all Forms of Discrimination Against Women" (CEDAW) and the Government of India's resolution of 1993 at Beijing to construe the Constitutional guarantee of gender equality in the Indian Constitution. A comprehensive set of guidelines and norms were prescribed for employers, other responsible persons and institutions to ensure prevention of sexual harassment of women at the work place.
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