Dowry death - Probe into - Fundamental right and duty to take note of .
If there are glaring omissions in the police investigations, a public interest litigation of this type could be initiated. The High Courts and Supreme Court can take note of the violation of fundamental right to life and liberty and pass orders to remedy the situation. Court directed the State Government to create special dowry cells at the state level to investigate into dowry deaths through specialised investigative units. [ Joint Women's Programme vs State of Rajasthan. AIR 1987 SC 2060. M.P.Thakkar & B.C.Roy {JJ}]
Constitution of India – Art. 21 – Sexual harassment of working women equality and right to life and liberty – Right to work with dignity – International norms and conventions can be relied upon.
Any International Convention not inconsistent with the fundamental rights and in harmony with its spirit must be read into these provisions to enlarge the meaning and content thereof, to promote the object of the constitutional guarantees. This is implicit from Art. 51(c) and the enabling power of the Parliament to enact laws for implementing the International Conventions and norms by virtue of Art. 253 read with Entry 14 of the Union List in the Seventh Schedule of the Constitution. Duty of employer in work place and other places . Sexual harassment defined. [Vishaka vs State of Rajasthan . AIR 1997 SC 3011= 1997(6) SCC 241 = 1997(7) JT 384 = 1997(5) SCALE 453. . J.S.Verma (CJ), Mrs. Sujatha .V. Manohar & B.N.Kirpal (J&J)]
Constitution of India - Art. 21 - Right to live include right to live with dignity - Beauty contest - Dignity and morality -Public entertainment -
If beauty contests tend to offend the dignity of a woman to deal with her indecently in the circumstances amounting to indecent representation in any form, they are bound to offend Art.21 of the Constitution of India as right to live includes right to live with dignity and decency and right to live happily. High Court therefore held that beauty contests repugnant to dignity or decency ,etc. offends Art. 21 . A beauty contest becomes objectionable performance within the meaning of Sec.2 of Objectionable Performances Act, 1956. [ Chandra Rajakumari and another vs Commissioner of Police. AIR 1998 A.P. 302 = 1998(1)Andh LT 329 = 1998(4) Rec Cri R 631 = 1998(1) Andh LD 810 B.K.Somaksehara {J}]
Constitution of India – Art.226 - Suo motu proceedings initiated against the painter and daily newspaper for reproduction of pictures in its Daily – Obscene .
Pictures exhibited were pornographic and depicted naked human couple, which was obscene. Times of India reproduced it. Picture kep in an art gallery and a photograph depicted in a newspaper , having wide circulation , which reaches a common house. In the former class of cases, ordinarily, persons interested in art visit the place and appreciate the work but in the later class of cases, it reaches common mass who may or may not be able to perceive art and may not appreciate the message of an artist. [ Jagdhishchandra.L.Oza vs State of Gujarat. AIR 1999 Guj 314. C.K.Thakker (Ag.CJ) & M.C.Patel (J)]