M.V.

P Samaj’s
LAW COLLEGE
Gangapur Road ,Nashik

Practical training Paper – I MOOT

COURT, YEAR 2023-24

CASE TYPE - WRIT PETITION

(Violation Article 14,19,21 of Constitution)

Name of the Case:

Vishaka & Ors. Petitioner

Versus
State of Rajasthan & Ors. Respondent

Presented before:
Prof. Sandhya Gadakh
Faculty In charge,
M.V.P.Samaja's Law College, Nashik.
Presented by:

Student Advocate For

Petitioner:Mr.shabir rangrej
LL.B III

Student Advocate for Respondent:

Miss. . Ashwini walunj

LL.B III

Researcher

Miss. Pallavi hapse

LL.B III

Judge
Mr. Omkar waje

LL.B III
 MARATHA VIDYA PRASARAK SAMAJ'S LAW
COLLEGE NASHIK.

MOOT COURT-MEMORIAL YEAR 2023-24

Student Name- shabir rangrej

Presented Before :- DR. SANDHYA GADAΚΗ

Subject Name :- LP-1004.PRACTICAL TRANINPAPER-IV MOOT
COURT EXERCISE & INTERNSHIP

MOOT COURT PRESENTATION GROUP

1) Mr. Shabir rangrej
2) Miss. Ashwini walunj
3) Mr. Omkar waje
4) Miss. Pallavi hapse

Principal Student
DR. SANDHYA GADAKH Shabir rangrej
LL.B III
 IN THE HON'BLE SUPREME COURT OF INDIA, AT DELHI

Writ Petition No.: 666-70 of 1992

Vishaka & Ors. Petitioner

Versus
State Of Rajasthan & Ors. Respondent

INDEX

Sr. No. Title

1. Title Page
2. Index
3. Paper book
4. Abbreviations
5. Memorandum of Petition
6. Affidavit
7. Vakalatnama
8. Facts
9. Issues
10. Written Argument on behalf of the
respondent
11. Prayer
12. Judgment
13. Bibliography
 IN THE HON'BLE SUPREME COURT OF INDIA, AT DELHI

Writ Petition No.: 666-70 of 1992

Vishaka & Ors Petitioner

Versus
State Of Rajasthan & Ors. Respondent

PAPERBOOK
Student Advocate for Petitioner:

Mr. Shabir rangrej

LLB III
 FACTS

1. This writ petition has been filed for the enforcement of the
fundamental rights of working women under Article 14, 19 and 21 of
the constitution of India in view of the prevailing climate in which the
violation of these rights is not uncommon.
2. The present petition has been brought as a class action by certain
social activists and NGOs with the aim of focusing attention
towards this societal aberration, and assisting in finding suitable
methods for realization of the true concept of ‘gender equality’; and
to prevent sexual harassment of working women in all work places
through judicial process, to fill the Vacuum in existing
legislation.
3. The immediate cause for the filing of this writ petition is an
incident of alleged brutal gang rape of social worker in a village of
Rajasthan.
4. That incident is the subject matter of separate criminal action and no
further mention of it, by us , is necessary.
5. Each such incident results in violation of fundamental rights of
‘Gender Equality’ and the ‘Right of life and liberty’. It is clear
violation of the rights under Article 14, 15 and 21 of constitution.
One of the logical consequences of such an incident is also the
violation of the victims fundamental right under Article 19(1)(g) ‘to
practice any profession or to carry out any occupation, trade or
business’.
6. Such violations, therefore, attract the remedy under Article 32 for the
enforcement of these fundamental rights of women.
 VAKALATNAMA
IN THE HON’BLE SUPREME COURT OF INDIA, AT
DELHI
Petition No.:666-70 of
1992

Vishaka & Ors -Petitioner

Versus
State of Rajasthan & Ors. -Respondent

Filed by the Petitioner

I, hereby appoint above advocate to act, appear and plead for me in the
above matter. In witness whereof I have set my hand to this writing,
Dated:- / /

Petitioner
Vishaka &ors

Student Advocate
Miss. Shabir rangrej
 IN THE HON’NLE SUPREME COURT OF INDIA,AT
DELHI
Writ petition No.: 666-70 of 1992

Vishaka & ors. - Petitioner

Versus
State of Rajasthan - Respondent

MEMORANDUM OF PETITION
The Petitioner most respectfully submits as under:-

1. That this Writ Petition has been filed for the enforcement of the
fundamental rights of working women under 14, 19 and 21 of the
constitution of India, against the respondent on the following
grounds:-
That this writ petition has been filed for the enforcement of the
fundamental rights of working under Article 14, 19 and 21 of
the constitution of India in view of the prevailing climate in which the
violation of these rights is not uncommon, to prevent sexual
harassment of working women in all work places through judicial
process, to fill the vacuum in existing legislation.
That incident of sexual harassment is also increasing. That there is
urgency for safeguarding by an alternative mechanism
results in violation of the fundamental rights of ‘Gender Equality’
and the ‘Right of life and liberty’. It is clear violation of the rights
under Articles 14, 15 and 21 of the constitution.
It is also the violation of the victims fundamental right under
Article 19(1)(g) ‘to practice any profession or to carry out any
occupation, trade or business.’
 Article 32, an effective redressal requires that some guidelines
should be laid down for the protection of these rights to fill the
legislative vaccum.
Article 32 of the Constitution for the enforcement of these
fundamental rights in the absence of legislation must be viewed
along with the role of judiciary envisaged in the Beijing Statement of
Principles of the Independence of the Judiciary in the LAWASIA
region.

The equality in employment can be seriously impaired when

women are subjected to gender specific violence, such as sexual
harassment in the work place.

Sexual harassment includes such unwelcome sexually determined

behavior as physical contacts and advance, sexually coloured
remarks, showing pornography and sexual demands, whether by
words or actions.

That the present civil and penal laws in India do not adequately
provide for specific protection of women from sexual harassment in
work places and that enactment of such legislation will take
considerable time, it is necessary and expedient for employers in
work places as well as other responsible persons or institutions to
observe certain guidelines to ensure the prevention of sexual
harassment of women.

2. Hence, it is prayed that:-

a. The petition may please be allowed.

b. That the binding directions may please be given to the state for
preservation and enforcement of the right to gender equality of the
working women at work place,
c. And any other relief as the Hon'ble Court may deem think feet on
behalf of the petitioner.

Date: / /

Petitioner
Vishaka
 Verification
I, petitioner, Vishaka, do hereby state on solemn affirmation that whatever
stated in the above application is true and correct to the best of my
knowledge on the dated mention below.
Date: / /

Petitioner
Vishaka

Student Advocate
Mr. Shabir rangrej
 AFFIDAVIT

I, petitioner, Vishaka, do hereby state on solemn affirmation that whatever

stated in the above application is true and correct to the best of my
knowledge, and for its correctness I sign below.

Date:/ /

Petitioner
Vishaka

Student Advocate
Mr. Shabir rangrej
 VERIFICATION

I, Respondent , do hereby state on solemn affirmation that

whatever stated in the above application is true and correct to the best of my
knowledge, and for its correctness I sign below.

Date: / /

Respondent

I know the person, he is the same.

Student Advocate
Miss. Ashwini walunj
 VAKALATNAMA
IN THE HON’BLE SUPREME COURT OF INDIA,
AT DELHI
Writ Petition No.:666-70 of 1992

Vishaka & Ors -Petitioner

Versus
State of Rajasthan & Ors. -Respondent
Filed by the Petitioner

Miss. Anuja Sanjay Wani

Student Advocate

I, hereby appoint above advocate to act, appear and plead for me in the
above matter. In witness whereof I have set my hand to this writing
Dated:- / /

Petitioner
Vishaka &ors

Student Advocate
Miss. Shabir rangrej
 AFFIDAVIT

I, Respondent, , do hereby state on solemn affirmation that

whatever stated in the above application is true and correct to the best of my
knowledge, and for its correctness I sign below.

Date:/ /

Respondent

Student Advocate
Miss. Ashwini walunj
 WRITTEN ARGUMENT ON BEHALF OF THE RESPONDENT
The respondent most respectfully submits as under:-

1. My first contention is that, with the increasing awareness and

emphasis on gender justice, there is no increase in the incidents of
sexual harassment, because, nowadays women are aware about their
rights and privileges. This Writ Petition has been filed for the
enforcement of the fundamental rights of working women under Articles
14, 19 and 21 of the Constitution of India. That there is no violation of
Articles 14, 19 and 21 against the working women. In India all men and
women are equally treated at work place. All men and women are having
equal status at the time of opportunity in selecting
the candidate. That the present petition has filed as a class action by
certain social activists and NGOs, which have no right to file such a
petition to give direction to the state about state's activity through
judicial process, to fill the vacuum in existing legislation.
2. My contention is that, that there no such incident results in violation of
the fundamental rights of 'Gender Equality' and the 'Right of Life and
Liberty', as it is only the contentions of the petitioners to harass the
respondent and thereby get the publicity. That there is no immediate
cause for the filing of this writ petition, because the incident of alleged
brutal gang rape of social worker in a village of Rajasthan is the subject
matter of a separate criminal action. That there is no urgency for safeguards
by an alternative mechanism in the absence of legislative
measures. In the absence of legislative measures, there is no need to find an
effective alternative mechanism to fulfill this felt and urgent social need.
3. My contention is that, that only the logical consequences of such an
incident is also the violation of the victim's fundamental right under
Article 19(1)(g) 'to practice any profession or to carry out any
occupation, trade or business'. That the petitioner has no right to file a
petition under this Article to give direction to state, to do some things like
prayed by the petitioner. That there are many effective redressal
machineries are there, so, no guideline is required for the protection of
these rights to fill the legislative vacuum. At every state level, there is
police force of women who protect the right and privileges of common
women as well as working women. That there is no discrimination on
grounds of religion, race, caste, sex or place of birth in India, everyone get
equal opportunity at work place also.

4. My contention is that, for every working woman there are just and
humane conditions of work and maternity relief benefit, and to save it
there are some provisions at every state level. In the absence of domestic
law occupying the field, to formulate effective measures to check the evil
of sexual harassment of working women at all work places, the contents
of International Conventions and norms are not significant for the
purpose of interpretation of the guarantee of gender equality.

5. My contention is that, any International Convention inconsistent with the

fundamental rights and in harmony with its spirit must not be read
into these provisions to enlarge the meaning and content thereof, to
promote the object of the constitutional guarantee. The power of this
Court under Article 32 for enforcement of the fundamental rights and
the executive power of the Union does not meet the challenge to protect the
working women from sexual harassment and to make their
fundamental rights meaningful.
7. My contention is that, sexual harassment does not includes such
unwelcome sexually determined behavior as physical contacts and
advance, sexually coloured remarks, showing pornography and sexual
demands, whether by words or actions. It is discriminatory when the
woman has only reasonable grounds to believe that her objection
would disadvantage her in connection with her
employment, including recruiting or promotion, or when it creates a
hostile working environment. The meaning and content of the
fundamental rights guaranteed in the Constitution of India are of
sufficient amplitude to compass all the facets of gender equality
including prevention of sexual harassment or abuse. That the
present civil and penal laws in India are adequately provides for
specific protection of women from sexual harassment in work
places.
 PRAYER

Hence, considering the above grounds it is prayed that:-

A) The petition may please be dismissed.

B) The petitioner may please be ordered to pay all Respondents per

head compensatory cost of Rs. 5, 00,000/- (In word Five lakh only).

C) Any other relief as the Hon'ble Court may deem think feet in the
interest of justice.
 ISSUES

1. Whether the women are equally treated at work place or not?

2. Whether the Petitioner is entitled for the order as prayed for?
3.What order?
4.Determining if sexual harassment at work constitutes a breach of rights
protected by Articles 14,15,19 and 21 of the Indian Constitution.
5.If there are no current laws that apply to the case, might the case
nevertheless apply international laws?
6.Is there any liability of sexual harassment committed against or by
employees of the employer?
 ABBREVIATION
I. AIR All India Reporter
II. NGO Non-Governmental Organization
III. Ors. Others
IV. SCC Supreme Court Cases
V. I.P.C Indian Penal Code
VI. Cr.P.C. Code of Criminal Procedure
VII. PW Prosecution Witness
VIII. Sec. Section
IX. CriLJ Criminal Law Journal
X. HC High Court
XI. Hon'ble Honorable
 Judgment
The Hon'ble Supreme Court of India observed that there was then no
legislation in place to protect women from sexual harassment and to
ensure a secure work environment. In any case of sexual harassment,
Sections 354 and 354A of the Indian Penal Code,1860 were to be
consulted; however, the clauses in question were not covered by these
sections. This helped the Hon'ble court to understand the need for proper
and effective laws that would deal with sexual harassment.

The Hon'ble court made reference from the international treaties to proceed
with the matter. In order to serve as a protector of citizens' rights and
independently enact laws in the lack of any, it made reference to the Beijing
Statement of Principles on the Independence of the Judiciary in the Lawasia
region. The articles of the Convention on the
Elimination of All Forms of Discrimination Against Women (CEDAW) were
then cited by the Hon'ble court. Them being:
The state must take all necessary steps to end discrimination against women
in the workplace, according to Article 11(1)(a) and Article 11(1)(f).
According to Article 24, the state is required to take all the necessary national
level actions to bring about the complete fulfillment.

The Supreme Court's primary goal was to ensure that there was no
discrimination against women in the workplace and that there was
gender equality among all persons
Following this case, the Supreme Court clarified the definition of sexual
harassment, making it clear that it includes:
Any physical contact or behavior
Display of pornography
Any offensive remarks or misbehavior
Any sexually motivated behavior towards women
The Vishaka Guidelines, which were to be treated as law as declared under
Article 141 of the Indian Constitution, were established by the Hon'ble
Supreme Court of India to prevent sexual harassment at the workplace. The
Sexual Harassment of Women at Workplace (Prevention, Prohibition, and
Redressal) Act of 2013 was also built on the principles of these guidelines.

Vishaka Guidelines:
In 1997, as part of the Vishaka ruling, the Supreme Court published
comprehensive guidelines on how to stop sexual harassment of women at
work.
Every company is accountable for creating a secure workplace where
each and every employee can advance and thrive. This means taking the
required measures to safeguard the interests of female workers and
make sure that sexual harassment is not occurring.

If a female employee is the victim of sexual harassment or other

improper treatment, the employer is required to take appropriate
disciplinary action. The rule states that an employer must make a
complaint if their actions towards an employee constitute a crime
punishable by the Indian Penal Code.

The employer is required to take precautions to safeguard the witnesses and

make sure they are not mistreated in the future.
Workplaces should have a strict process in place to guarantee that
complaints are handled quickly and effectively.
 The suggestions state that in order to ensure that employee complaints are
handled properly, and the proper cause of action is taken in response to them,
each organization must set up a complaint redressal committee.
To prevent pressure from the employer's upper management, a third
party should be involved, such as an NGO.
This will guarantee that sexually harassed women get the funding support
from their employer's when they need to file a lawsuit and hire qualified
attorneys to represent them.
Additionally, it is the employer's duty to promote awareness of sexual
harassment and the protection of women at work. This can be done by
alerting staff beforehand, hosting workshops, and coming up with other fun
ways to enlighten female employees of their rights.
 BIBLIOGRAPHY

BOOKS REFFERED:

1. The Indian Penal Code, 1860.

2. The Constitution Of India 1949.

3. The Indian Evidence Act, 1872.

4. The Protection of Human Rights Act, 1993.

5. The Industrial Employment (Standing Orders) Act, 1946.

CASES CITED:

Minister for Immigration and Ethnic Affairs vs. Tech. 128 ALR 535.

WEBSITE VISITED:

http//www.indiakanoon.com
http//www.vakilno1.com
http//www.supremecourtofindia.nic.in http/www.advocatekhoj.com