IN THE HON’BLE SUPREME COURT OF INDIA

UNDER ARTICLE 32 OF CONSTITUTION OF INDIA

VOLUNTARY HEALTH ASSOCIATION OF PUNJAB

V.

UNION OF INDIA

MEMORIAL SUBMITTED ON BEHALF OF THE PETITIONERS

COUNSEL APPEARING ON BEHALF OF

MAGANBHAI ISHWARBHAI PATEL

 TABLE OF CONTENTS

INDEX OF AUTHORITIES

 LEGISLATION
 CASES REFERRED
 BOOKS REFERRED
 LAW LEXICON AND DICTIONARIES
 LEGAL DATABASES

LIST OF ABBREVIATIONS

STATEMENT OF JURISDICTION

STATEMENT OF FACTS

ISSUES RAISED

PLEADINGS

PRAYER
 INDEX OF AUTHORITIES

LEGISLATION

1. The Constitution of India, 1950.

CASES REFERRED

BOOKS REFERRED

Constitutional Law, Pandey, J.N., 8TH Edition, 2014

LAW LEXICON AND DICTIONARIES

1. B.A. Garner., Black’s Law Dictionary,6th edition

LEGAL DATABASES

1. www.indiancaselaws.org
2. www.indlaw.com
3. www.indiankanoon.org
4. www.lexisnexis.com
. LIST OF ABBREVIATIONS

& And

CPC The Code Of Civil Procedure

Hon’ble Honourable

ICA Indian Contract Act

@ at

Rs. Rupees

Sec. Section

LJ Lord Justice

AC Appeal Cases

AIR All India Reporter

Co. Company

SCR Supreme Court Report

U.O.I Union of India

 STATEMENT OF JURISDICTION

The Hon’ble Supreme Court of India has the jurisdiction to hear the instant matter filed as a writ
petition under Article 32 of The Constitution of India.

Article 32 in The Constitution Of India 1949 states:

Remedies for enforcement of rights conferred by this Part

(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the
rights conferred by this Part is guaranteed

(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in
the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever
may be appropriate, for the enforcement of any of the rights conferred by this Part

(3) Without prejudice to the powers conferred on the Supreme Court by clause ( 1 ) and ( 2 ),
Parliament may by law empower any other court to exercise within the local limits of its
jurisdiction all or any of the powers exercisable by the Supreme Court under clause ( 2 )

(4) The right guaranteed by this article shall not be suspended except as otherwise provided for
by this Constitution
 STATEMENT OF FACTS

1. Bhanwari Devi who was a social activist/worker in one of the Rajasthan’s village.
2. She worked under a social development program at rural level which was about to stop
child marriage in a village and this social program was administered/ initiated by the
Rajasthan’s state government.
3. Bhanwari Devi en-devoured to stop the marriage of the Ramkaran Gujjars (thakurs)
daughter, who was merely less than one year old i.e. she was an infant only.
4. As a part of her duty, Bhanwari Devi tried to terminate the marriage of her infant
daughter.
5. Even of her vain-full efforts to stop the marriage, it happened, but Bhanwari devi was not
excused or pardoned for her’s this fault.
6. She was exposed to or put forward to social punishment or boycott.
7. September 1992, she was been gang raped by Ramkaran Gujjar and his five friends in
front of her husband.
8. The male doctor at normal primary health center declined to survey her and the doctor at
Jaipur only made confirmation of her age without any recommendation of her being
raped in her medical report.
9. At police station too she was been continually taunted by the women countable for the
whole of the midnight.
10. In past midnight she was been asked by the policeman to leave her lehnga as the evidence
of that incident and go back to her village.
11. After that, she was only left with the bloodstained dhoti of her husband to wrap her body,
as a result of which they had to spend there whole night in that police station.
12. The Trail Court made the discharge of the accused people for not being guilty.
13. The High Court in his judgement propounded that –“ it was a case of gang rape which
was conducted out of revengeful situation.
14. All these statement and judgement, aroused women and NGO’S to file pitition (PIL) in
Supreme Court of India.
 ISSUES PRESENTED

1. WHETHER THE HONB`BLE SUPREME COURT OF INDIA HAS THE

REQUISITE JURISDICTION TO ADJUDICATE UPON THE PRESENT
MATTER?

2. WHETHER, THE ENACTMENT OF GUIDELINES MANDATORY FOR THE

REPUDMENT OF SEXUAL HARASSMENT OF WOMEN AT WORKPLACE?
 SUMMARY OF ARGUMENTS

1. Whether the Honb`Ble Supreme Court Of India has the requisite jurisdiction to
adjudicate upon the present matter?
It is humbly submitted that 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 in view of the prevailing climate in which the violation of these
rights is not uncommon.

2. Whether, the enactment of guidelines mandatory for the repudment of sexual

harassment of women at workplace?