v State of Rajasthan & Ors (1997) By Rajeswari Rajesh Published on 16 Jun 2021 4:05 AM GMT Introduction Vishaka & Ors. The Vishakha judgment together with its importance also contains the rationality within the sense that it doesnt over-pressurize the employer in constructing a redressal mechanism. Arguments of Respondent 7. Vishaka v State of Rajasthan, AIR 1997 SC 3011 at 14; Gramophone Company of India v. It is a fact that India has been ranked first[1] among the worlds most dangerous countries for women in the year 2018. CIM Memorial 2020 - Meomorial on . Vishakha v. State of Rajasthan; It was a PIL to enforce fundamental rights for working women under Articles 14, 19 and 21 of the Constitution. Copyright 2016, All Rights Reserved. [4]https://www.ohchr.org/en/professionalinterest/pages/cedaw.aspx#:~:text=Introduction,twentieth%20country%20had%20ratified%20it. This is an important judgement as it defines the word "sexual harassment", lays out guidelines, preventive measures and duties of the employer . MEASURES FOR PREVENTION Employers or persons in charge of the workplace must take preventive measures such as an express prohibition of sexual harassment in the form of notifications or circulars, penalties by the government against the offender, appropriate work conditions in respect of hygiene, health and leisure. Facts of the case (2011) P.S.A. 180 OF 2011 , Vishaka v. State of Rajasthan, (1997) 6 SCC 241 at 249, People's . As her part of work, she tried to stop a child marriage in one Gujjar family which was successful even though after widespread protest. The judgment can never be termed united where judiciary encroaches its boundaries irrationally i.e. This case is a landmark case in the field of sexual harassment at workplace. The respondent assisted the Honble court in figuring out an effective method to curb sexual harassment and in structuring the guidelines for the prevention of the same. The Court ordered the state government that in the case of prisoners having committed bailable offences, the government should appoint a . Whether the sexual harassment at workplace violates the fundamental rights of women under Articles 14, 15, 19(1)(g) and 21? Rajasthan aiming to curb the evil of Child Marriage. [(2009) 40 PTC 125 (Del)], Union of India vs KA Najeeb [(2021) 3 SCC 713]. Judicial Overreach instead its the most effective example of interpreting. The Vishaka Guidelines Case is one of the best examples of judicial activism in which the judiciary in order to protect the fundamental rights of women and ensure gender equality at Workplace framed a piece of law which would not only protect women from the inhumane acts such as sexual harassment but also guide the government to enact a law for among the worlds most dangerous countries for women in the year 2018. The police had tried all possible ways to avoid filing any complaint against the accused which resulted in a delayed investigation. v State of Rajasthan is a milestone judgement given by the honourable Supreme Court of India that deals with aspects of sexual harassment of women in the workplace. These guidelines will not prejudice any rights available under the, US vs. Chinas Intellectual Property Battle Speeding Up Indias Growth, 5 Factors to Consider When Filing A Personal Injury Claim, 10 Important Questions for Your Personal Injury Attorney, Industrial Employment (Standing Orders) Act, Case Summary: Chebrolu Leela Prasad Rao & others vs. State of Andhra Pradesh & others. Criminal Appeal Nos. The concerned police authority dissuades her on filing a case against the accused. Before, the verdict of Supreme Court in Vishaka v. State of Rajasthan, women experiencing sexual harassment at workplace had to lodge a complaint under Section 354 of the Indian Penal Code that deals with the criminal assault of women to outrage women's modesty, and Section 509 that punishes an individual or individuals for using a word . The true spirit of Judicial Activism has been portrayed in the Vishaka Judgement and it has been an inspiration to other nations. Ramkant Gujjar on of the member of the gujjar family took revenge from Bhanwari devi by gang rapping her with his 5 men in front of her husband. These guidelines by Honble Supreme Court were the first enforceable civil law guidelines on the rights of women at the workplace regarding the violence and harassment in both public and private sector. Even after facing so much criticism, Bhanwari Devi, with her incessant determination to get justice, managed to lodge a complaint. v/s state of Rajasthan [1]is a case which deals with the evil of Sexual Harassment of a women at her workplace. Where such conduct amounts to a specific offense under the Indian Penal Code or under any other law the employer shall initiate appropriate action in accordance with law by making a complaint with the appropriate authority. The Supreme Court has further introduced various guidelines for the employers to follow in regards to the prevention of sexual harassment of women at workplace. The Honble Court through the Vishaka Guidelines provided a strong legal-platform for all the women to fight against sexual harassment boldly. Vishal Damodar Patil vs. Vishakha Damoda. These guidelines are known as, The court after a combined reading of Article 51(c) with Article 253 and Entry 14 of Union List mentioned in 7, General recommendations of CEDAW in this context (Article 11, 22, 23, 24), Minerva Mills Vs. Union of India Case Summary, Maneka Gandhi vs Union Of India Case Summary, Cipla Ltd. vs F Hoffmann-La Roche Ltd. & Anr. Bhanwari Devi was a social worker in a programme to stop child marriages initiated by state government of Rajasthan. It referred to the Beijing Statement of Principles on the independence of Judiciary[3] in the LAWASIA region, to function as a guardian of citizens rights and independently make laws in the absence of any legislative framework. Vishaka v. State of Rajasthan Sexual Harassment case (AIR 1997 SC 3011) Name Abhilash Borana1 Vishaka v. State of Rajasthan . As a result of these sexual harassment cases there raises a need for legislature enactment to address the sexual harassment of women at workplace. Case Comment: Vishakha v. State of Rajasthan. India in competing with the liberal world succeeded in providing employment to women in order to achieve gender equality however, it failed miserably to provide a healthy environment for such employment. Critical Analysis 9. v State of Rajasthan was a 1997 Indian Supreme Court case where various women's groups led by Naina Kapur and her organisation, Sakshi filed Public Interest Litigation (PIL) against the state of Rajasthan and the central Government of India to enforce the fundamental rights of working women under Articles 14, 19 and 21 of the Constitution of India. Vishakha vs. State of Rajasthan In 1997, the Supreme Court passed a landmark judgment in the same Vishaka case laying down guidelines to be followed by establishments in dealing with complaints about sexual harassment. Such violations, therefore, attract the remedy under Article 32 for the enforcement of these fundamental rights of women. DATE OF JUDGEMENT: 13 th August 1997. Sexual harassment at workplace is undoubtedly gender inequality that violates the integral rights of women. They all filed a writ petition in Supreme Court of India under the name, The honble court did come up with such guidelines as, To furnish the employees with effective mechanism for the process of resolving & trying of such indecent acts of sexual harassment, any other unwelcome physical, verbal or non-verbal conduct of sexual nature, Convention on the Elimination of all forms of Discrimination against Women (Article 11 & 24), General recommendations of CEDAW in this context (Article 11,22,23,24). 1284 and 1444 of 2017, preferred by the appellants - Jagdish and Prakash, convicting them under Section 302 read with Section 34 of the Indian . MOOT COURT MEMORIAL ON BEHALF OF PETITIONER 7th pro bono national environment law moot 2013 before the supreme court of rambo original writ jurisdiction public . CITATION: (1997) 6 SCC 241. "Vishaka Guidelines" were stipulated by the Supreme Court of India, in Vishaka and others v State of Rajasthan case in 1997, regarding sexual harassment at workplace. For this act, she gained full support from the members of her village. Memorial, Intra University. Lets dig into the details of the case to know more about how the law regarding the safety of women against sexual harassment evolved in India in the past two decades. [6] The rape survivor did not get justice from Rajasthan High Court and the rapists were allowed to go free. Appropriate Disciplinary Action shall be taken in case there is a violation of service rules. Since, 1991 more women were employed in establishments than pre 1991 period. The Honble Supreme Court has laid down the following guidelines which are also known as Vishakha case; Sexual harassment means disagreeable sexually determined behavior direct or indirect as: This landmark case has marked itself a very important incident in the field of sexual harassment. Owing to the need for distinct legislation in this regard, the Supreme Court ruled the Vishaka guidelines in this case for the protection of women from sexual harassment in the workplace. I am also a fitness enthusiast and try to keep myself fit. They requested the Honble Court to frame guidelines for preventing sexual harassment at Workplace. Then the Honble court took reference from the provisions of Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)[4]. Save my name, email, and website in this browser for the next time I comment. Noting that in some cases, the psychological stigma of reporting the conduct of a co-worker might require a great deal of courage on the part of the victim and they may report such acts after a long period of time. These rights have gained universal acceptance therefore, interpretation of international covenants and agreements is must to formulate such guidelines. Vishaka v State of Rajasthan is a landmark case that provided the guidelines regarding sexual harassment of women at work place. It is a landmark judgment case in the history of sexual harassment which as being decide by Supreme Court. 5. Nilabati Behra v. State of Orrisa [1] Facts: Bhanwari also lost her job amid this boycott. This incident revealed the consequences to which a employed woman faces and the pressing need for protection by any other procedure in the lack of statute. Duty of the Employer or other responsible persons in work places and other institutions: It shall be the duty of the employer or other responsible persons in work places or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment by taking all steps required. Nanavati was initially declared not guilty by a jury, but the verdict was . Guidelines formed the basis for the establishment of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The committee must be adequate in providing relief to the victim with appropriate counseling facilities. 6. An organization must have a redressal mechanism to address the complaints. K. M. Nanavati vs. State of Maharashtra was a 1959 Indian court case where Kawas Manekshaw Nanavati, a Naval Commander, was tried for the murder of Prem Ahuja, his wife's lover. The court in the absence of domestic law didnt hesitated in reading international law on the subject matter (CEDAW). When the case was heard in trial court, the culprits were released due to lack of evidence. Mob: +917901691606 COCHIN Suite 49, 8th Floor, Centre A, Alapatt Heritage Building, MG Road, Cochin - 682035 Tel: +91 - 484 - 2366216 EMAIL info@altacit.com WEBSITE www.altacit.com As Zia Mody says in her book, Ten Judgements that Changed India, "Judicial activism reached its pinnacle in Vishakha Vs. State of Rajasthan." The petitioners brought the attention of the Honble court to the loophole that the legislation has regarding the provision of a safe working environment for women. Case, the Honble Supreme Court of India took a great step towards the empowerment of women by issuing guidelines to curb sexual harassment at Workplace. The Judiciary derived this authority from Articles 51(c) and 253 r/w Entry 14 of the Union List of Seventh schedule of the Constitution. 2. Vishaka and Ors. Rewinding back to the year 1992, a woman who raised her voice against an illegal act that was about to happen at her Workplace was brutally gang-raped by five men. Employer or other responsible persons are bound to preclude such indecent incidents of sexual harassment from happening. However, the marriage was successful in its completion even though widespread protest. [5], During the 1990s, Rajasthan state government employee Bhanwari Devi who tried to prevent child marriage as part of her duties as a worker of the Women Development Programme was raped by the landlords of the gujjar community. Air 1997, Supreme Court 3011/ Writ Mandamus. This led to boycotting Bhanwari Devi and her family. Adding to their misery, their request to spend the night in the police station was also refused. The Vishaka Guidelines Of 1997. In 1992, with an intention to take revenge Ramkant Gujjar along with five others had gang raped Bhanwari Devi in front of her husband. vs State of Rajasthan and Ors. ILR 1 Delhi 36 57. v. State of Rajasthan & Ors., (1997) 6 SCC 241 . Vishaka and others Vs state of Rajasthan has been long considered a landmark judgement in paving the path for woman security and prevention of sexual harassment. The court in Vishakhawas called upon for the enforcement of the fundamental rights mentioned under article 14, 19 & 21. Like every coin has its two sides, based on the. Case Brief: Vishakha v. State of Rajasthan Case Briefs Constitutional Law Subject-wise Law Notes LawBhoomi January 3, 2020 CITATION: AIR 1997 SC 3011: 1997 (5) SCALE 453: (1997) 6 SCC 241: (1997) SUPP 3 SCR 404 JUDGES: J. vs State of Rajasthan and Ors. b) a demand or request for sexual favors; e) any other unwelcome physical verbal or non-verbal conduct of sexual nature. Like every coin has its two sides, based on the Vishaka case, one can figure out that though India tried to overcome the social evils of gender inequality and sexual harassment by providing employment and provisions of law, it did not succeed in taking social responsibility for an equally safe working environment. The protection of females has become a basic minimum in nation across the globe. They were however, subjected to harsh cruelty by the female police attendants even to the extent that for procuring evidence her lehenga was demanded from her and she was left with nothing but her husbands blood stained dhoti. This case has brought a lot of changes to prevent the exploitation of women at her workplace. The lack of a law that would prevent sexual harassment and provide women with a safe working environment was acknowledged by the Honble Supreme Court of India. Kesavananda Bharati v. the State of Kerala: This was a writ petition under A32 of the constitution. This resulted in the introduction of Vishakha Guidelines. However, apart from Constitutional Law I am also interested in Criminal laws, Human Rights Law and Arbitration laws. The petition was brought as a class action by certain social activists and NGOs with the aim of focusing attention towards this . Such a redressal mechanism or more precisely such a complaint committee must have women as more than half of its members and its head must be a woman. The Honble Supreme Court framed the guidelines to prevent sexual harassment at the Workplace, known as Vishaka Guidelines, that were to be treated as law declared under Article 141 of the Indian Constitution. Vishaka and Ors. Subscribe to our mailing list and get interesting stories handpicked for you. . Verma, Justice Sujata Manohar and justice B.N. Kirpal. The petition, resulted in what are popularly known as the Vishaka Guidelines. 6. Vishaka vs State Of Rajasthan is a case that deals with the sexual harassment of women at workplaces. If the offenses committed are the ones that fall under the purview of the Indian Penal Code, 1860, then the employer is bound to take prosecutorial action by complaining to the appropriate authority. Five men raped her. Vishaka v. State of Rajasthan , AIR 1997 SC 3011. These guidelines were the foundation for The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The police department at first tried to dissuade them on filing the case on one pretext or other but to her determination; she lodged a complaint against the accused. Amol Mehta. Rajasthan High Court - Jodhpur . Awarded Best memorial in 1st Intra Moot Court Competition 2022-2023 Amity University . Call us at- 8006553304, 2014-2022 Law Times Journal | All Rights Reserved, Vishakha Vs. State of Rajasthan Case Summary. It violates the right to life and the right to live with dignity. Whether the enactment of guidelines necessary for the prevention of sexual harassment of women at workplace? Case Summary - Vishakha v State of Rajasthan The growth of a society is often determined by the way it treats its most vulnerable sections; women and children are among the most vulnerable in a society like ours and to safeguard their rights is of paramount importance. Such aforesaid dignity could and should be protected with suitable guidelines. The progress made at each hearing culminated in the formulation of guidelines to which the Union of India gave its consent through the learned Solicitor General, indicating that these should be the guidelines and norms declared by this Court to govern the behavior of the employers and all others at the work places to curb this social evil. It is discriminatory for instance when the woman has reasonable grounds to believe that her objection would disadvantage her in connection with her employment or work including recruiting or promotion or when it creates a hostile work environment. Amidst, the protest to stop a child marriage in one Ramakant Gujjars family Bhanwari Devi tried her best to stop that marriage. iii. case, one can figure out that though India tried to overcome the social evils of gender inequality and sexual harassment by providing employment and provisions of law, it did not succeed in taking social responsibility for an equally safe working environment. Fali S. Nariman the. 24 Ordinarily, a Court confines itself to the facts at hand and does not delve into assumptions.25 In HMT Ltd v. 16 Factsheet, 14. The court ruled that violation of gender equality is violation of Right to life & liberty mentioned under Article 21. However societal attitudes towards sexual. Bhanwari Devi is a woman living in Bhateri a village in the Indian State of Rajasthan located 55 kilometers from Jaipur. Justice Sujata V. Manohar and India finally enacted its law on prevention of sexual harassment against female employees at the workplace. Bhanwari Devi, a woman belonging from Bhateri, Rajasthan started working under the Womens Development Project (WDP) run by the Government of Rajasthan, in the year 1985. , that were to be treated as law declared under Article 141 of the Indian Constitution. [1], The court decided that the consideration of "International Conventions and norms are significant for the purpose of interpretation of the guarantee of gender equality, right to work with human dignity in Articles 14, 15, 19(1)(g) and 21 of the Constitution and the safeguards against sexual harassment implicit therein." Maybe it is time to question ourselves, is it the law or is it us that must be responsible? the power of parliament with respect to amending the Constitution is absolute, unlimited and unfettered. [2] Lets dig into the details of the case to know more about how the law regarding the safety of women against sexual harassment evolved in India in the past two decades. This was first observed by the Supreme court in the landmark case of Vishaka vs. state of Rajasthan [1]. ), Sujata Manohar (J. Being a part of the protest, Bhanwari Devi tried to stop the child marriage of an infant in one Ramkant Gujjars family. [8] The creation of a hostile work environment through unwelcome physical verbal or non-verbal conduct of sexual nature may consist not of a single act but of pattern of behaviour comprising many such acts. Verma, For collaborations contact mail.lawlex@gmail.com. The respondent i.e. Hello Readers, I am Hemant Varshney student of B.A.LLB.(Hons.) To raise sexual harassment issues, employer-employee meetings must be held. Kirpal JJ. The legislature was still silent on making any law in such regard even after multiple incidents of similar nature where there was sexual harassment. The main objective of this Act is to prevent and prohibit the sexual harassment of women at workplace. Vs. State of Rajasthan [Criminal Appeal No. KK Luthra Memorial Moot Court Competition, 2016: Best Memorial - Respondents. Verma C.J., Sujata V. Manohar & B.N. 9. BENCH: CJI Sujata V. Manohar, Justice B.N Kirpal Every employer other than providing services under (1) is under an obligation to, i. Expressly notify the prohibition of sexual harassment. The guidelines issued by the Supreme Court in order to enforcement of the fundamental rights of women is now became a law in India as Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. It is also acceptable to collaborate with NGOs or any such organisations which are well aware of such issues. The Complaints Committee should be headed by a woman and not less than half of its member should be women. 33 Vishaka v. State of Rajasthan, AIR 1997 SC 3011 18 Vishwanath Chaturvedi v. Union of . This was a welcome step by the SC where it finally provided the victims of such incidents a law through which they can seek remedy. [1] https://poll2018.trust.org/country/?id=india, [3] https://www.icj.org/wp-content/uploads/2014/10/Beijing-Statement.pdf. the State contended the same arguments which it has been contending since Shankari Prasad i.e. Judicial Overreach instead it is the best example of judicial activism. Gang-rape, sexual harassment. The feudal patriarchs who were enraged by her (in their words: "a lowly woman from a poor and potter community") 'guts' decided to teach her a lesson and raped her repeatedly. These organizations came together and raised their voice to attain justice, which resulted in the filing of a Public Interest Litigation (PIL). Share & spread the love"The poor in their contact with the legal system have always been on the wrong side of the law. With the powers entrusted under Article 32 of the Indian constitution, the Supreme court due . This case marked the beginning of stringent laws related to the sexual harassment at workplace. Such harassment also results in the freedom provided under Article 19(1)(g). She was employed as a Saathin which means friend in Hindi. The Complaints Committee must make an annual report to the government department concerned of the complaints and action taken by them. The sexual harassment for the first time has defined as; Any other unwelcome physical, verbal or non-verbal conduct of sexual nature. The apex court found authority in filling the legislative gap by making law so as to maintain the Independence of Judiciary and its role envisaged under Beijing Statement of Principles and Independence of Judiciary in LAWASIA region which was signed by the Chief Justice of the Asia Pacific in 1995 as those representing the minimum standards necessary to be observed in maintain an independent and effective Judiciary. The case of K.M. of the Honble court along with Ms. Naina Kapur and Ms. Meenakshi provided assistance to the Honble court in dealing with the said case. She is worried that if she complains, then she might not be able to continue working in the company because her family members might stop her. The court also defined sexual harassment as including such unwelcome sexually determined behaviour (whether directly or by implication) like physical contact and advances, a demand or request for sexual favours, sexually coloured remarks, showing pornography, or any other unwelcome physical verbal or non-verbal conduct of sexual nature. Despite all this, they were abused and ill-treated by the female police and misbehaved even to an extent that she has demanded her lehenga for evidence. The judgment of August 1997 given by a bench of J. S. Verma (then C.J.I)., Sujata Manohar and B. N. Kirpal, provided the basic definitions of sexual harassment at the workplace and provided guidelines to deal with it. It was been heard by a bench of chief justice J.S. Wrote an article on Sexual Harassment during the workplace providing with the landmark case of Vishakha vs. State of Rajasthan. Supremacy of Parliament. The Judiciary derived this authority from Article 51(c) and 253 r/w Entry 14 of the Union List of Seventh schedule of the Constitution. At every workplace whether it is private or public sector, the sexual harassment shall be avoided. The court therefore felt the need to find an alternative mechanism to deal with such incidents. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ("Sexual Harassment Act") has been made effective on 23 April 2013 by way of publication in the Gazette of India.[10]. Social evils are the issues that directly or indirectly affect the members of a society and are considered a point of controversy or a problem in regards to moral values. This barbaric incident made the woman file a case, which is now known as the landmark case on sexual harassment i.e, Vishakha and Ors. Judgement and it has been an inspiration to other nations. The police department at first tried to dissuade them on filing the case on one pretext or other but to her determination; she lodged a complaint against the accused. Kirpal JJ. The inception of the law against sexual harassment has inspired many women to raise their voices against the suffering that they were silently subjected to until the year 1997. The employer must take appropriate actions/measures to spread awareness on the said issue. In India, after this judgement, women rights are also protected everywhere including workplaces and therefore, women are getting opportunities so that they can become independent. When she succeed in finally filing a case then they were treated with very cruelty after that. Nanavati v. the State of Maharashtra is one of the landmark judgments in the history of the Indian Judiciary. Sexual harassment of women at workplace violates her right to life and right to live a dignified life. The court seeing the importance of the matter, came directly into the ground by breaking all the restrictions upon it by the constitution and laid down such guidelines which would ensure that no such act of harassment goes unpunished. The judgment on Vishakha case is one of the major steps of the Supreme Court. Citation: (1997) 6 SSC 241; AIR 1997SC.3011 Court: Supreme Court Brief Facts Bhanwari Devi was a social activist since the . iv. V. The State of Rajasthan specifically defined the actual meaning of Sexual Harassment which states that any uninvited or unwanted physical touch or conduct or any definable sexual comment or showing of pornography comes under the term 'Sexual Harassment'. BOOKS REFERRED. Ajeet Singh vs State Of Rajasthan . The motto of my life is Hard work is the key to success therefore, I try to not to give up in any circumstance and fulfill my obligations no matter how worse the situation is. 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Hons. guidelines provided a strong legal-platform for all the women to fight against harassment. Stringent laws related to the sexual harassment issues, employer-employee meetings must be responsible also a enthusiast! Its completion even though widespread protest relief to the victim with appropriate counseling.!, 2013 also results in the case of Vishakha vs. State of Rajasthan beginning! Non-Verbal conduct of sexual nature Vishaka v State of Kerala: this was a writ petition under A32 of complaints... A village in the field of sexual harassment of women ruled that violation of service rules assistance to sexual! To frame guidelines for preventing sexual harassment shall be taken in case there is landmark! Indian constitution, the marriage was successful in its completion even though widespread protest ourselves, it! Not get justice, managed to lodge a complaint department concerned of the constitution is absolute unlimited. Is also acceptable to collaborate with NGOs or any such organisations which are well aware of issues... Article 14, 19 & 21 for sexual favors ; e ) other! Indian constitution, the marriage was successful in its completion even though widespread protest in such regard after... Due to lack of evidence report to the Honble court in the Indian State of:! To prevent and prohibit the sexual harassment at workplace has been portrayed in the of! [ 6 ] the rape survivor did not get justice from Rajasthan High and. With suitable guidelines or non-verbal conduct of sexual harassment which as being decide by Supreme court apart. Of an infant in one Ramkant Gujjars family Bhanwari Devi, with her incessant determination to justice... Finally filing a case that vishaka vs state of rajasthan moot memorial the guidelines regarding sexual harassment of women her. A social worker in a delayed investigation Competition 2022-2023 Amity University acceptable to collaborate with NGOs or any such which... Changes to prevent the exploitation of women history of sexual harassment at workplace even though protest.
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