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KEY TAKEAWAYS

  • Recently, the Supreme Court saw that the right against sexual harassment is vested in all people as a part of their right to life and right to dignity under Article 21 of the Constitution.
  • The Court focused on that as it is significant that the soul of this right is maintained as opposed to dismissing sexual harassment complaints on "hyper-specialized" grounds.

DETAILS

  • Name of the case : Union of India and Ors v. Mudrika Singh
  • Background of the case :
  • In the current case, the complainant, a constable at the Border Security Force(BSF) had filed a complaint against the respondent who was the head constable - his superior.
  • A Bench consisting Justices D.Y Chandrachud and A.S Bopanna further forewarned against the 'rising pattern' of investigative instruments identifying with investigation into inappropriate behaviour transforming into a 'punishment' of sorts for abused people.
  • The Court saw that the supposed inconsistency with respect to the date of event was of a minor sort since the occasion happened before long 12 PM and on the following day.
  • Likewise, the Bench beseeched Courts to decipher administration rules and legal guidelines administering the avoidance of inappropriate behavior at the work environment in a way that allots procedural and considerable equity to every one of the parties.
  • The Calcutta High Court had suppressed disciplinary procedures against the respondent and had reestablished him to his underlying situation in the Border Security Force (BSF).
  • The Court mentioned these objective facts while concluding a case identified with charges of sexual lead against a head constable of the Border Security Force (BSF)

QUESTIONS

  • What is Article 21?
  • Do you agree with the decision of the Court?
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