“CRITICAL ANALYSIS OF THE ACT”

It has been a long time since a law legalizing the act of molestation was passed, as there was
none before. The creation of a safe and healthy working environment for girls was a
significant step in this direction. Unfortunately, the Act still has certain flaws which prevent
its purpose. The reasons for this act's failure are summarized below.

DOMINATED SECTORS:

Women working in the military and agriculture are largely hidden by sectors like defence and
agriculture. It is common for men to overlook both of these factors.

The second problem is that the act seems to be more geared toward women and therefore is
sexist.

The act has given women a lot of power, so there is a huge possibility that some women will
use it to their advantage and falsely accuse males. We may suffer from a loss of integrity and
equality in our country as a result.

Fourthly, The accessibility of paying financial compensation according to an individual's

financial capacity renders it unjust because those with high ranks and standing will be forced
to pay much more than those without, which seems to serve no useful purpose despite being
prejudiced in nature.

The act is useful to some women and it cannot be denied that Denied that the law represents a
very important step in recognizing the priority to influence But for most girls, there is still
work to be done to ensure better safety and protection. Girls, all sexual behaviour regulation
is necessary to create regulation. This is done by Directing alternative personal or ethical
police investigations only to women's lives Reinforcing sexual stereotypes and sexual
orthodoxy.

Therefore, another law is required to deal with molestation in our society. Which is not
gender biased and does not undermine the basic rights of women.1

CONCLUSION:
1 https://blog.ipleaders.in/case-comment-vishaka-vs-state-rajasthan/

https://www.legalserviceindia.com/legal/article-374-case-analysis-vishaka-and-others-v-s-
state-of-rajasthan.html
https://blog.ipleaders.in/case-comment-vishaka-vs-state-rajasthan/
At last it would be correct saying that the Judicial Activism has reached its maximum
capacity in the landmark case of Vishaka v. State of Rajasthan. It is important in a democratic
country like India that the rights of people ( both male and female ) are conserved equally .
the case Vishaka v. state of Rajasthan is a case of harassing a women sexually at her work
place is a case landmark judgement by supreme court of India. Not because a woman has
demonstrated exceptional bravery in fighting the masculine ego in our immoral culture. There
were hardly any laws protecting working women from sexual harassment even 50 years after
India's independence. Women in India experience exploitation daily, which is a brutal reality.
But, due of a lack of familial support, a lack of education, a general societal stigma, and a
general low reading level, very few people can effectively speak out against it. As the French
writer Sidone Gabrielle Colette once said, "Our absolutely basic motto should be to maintain
a culture in which every woman shall have a right to particularly be generally free from
sexual harassment and also to the right to work in a sexual harassment free zone, which is a
very important right of every person to particularly live with respect and dignity for all
intents and purposes free from mental and definitely physical torture in a particularly major
way." This case provided guidelines in 1997 but, sadly, has largely failed for its final
implementation of the Prevention of Women from Sexual Harassment at Workplace Bill,
which is extremely important.

https://www.legalserviceindia.com/legal/article-374-case-analysis-vishaka-and-others-v-s-
state-of-rajasthan.html