Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697748221583.pdf (India)
National Human Rights Commission Manav Adhikar Bhawan C-Block, GPO Complex, INA New Delhi- 110023, India Website: https://nhrc.nic.in This analytical study has been strategically structured to facilitate the understanding of the reader regarding CEDAW and the status of implementation of the CEDAW articles in India.

It is expected to be of great value to the lawmakers, policymakers, executives, civil society, academicians and students of gender studies, human rights & related disciplines.
The study highlights gaps with the objective of acting as a catalyst to promote concrete dialogue and engagement between law & policymakers, implementing agencies and NGOs to address identified gaps and measures to rectify these.
Women’s Rights in India An Analytical Study of The United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and The Indian Constitution, Legislations, Schemes, Policies & Judgements 2021 रा��ीय मानव अिधकार आयोग , भारत NATIONAL HUMAN RIGHTS COMMISSION, INDIA National Human Rights Commission Manav Adhikar Bhawan C-Block, GPO Complex, INA New Delhi- 110023, India Copyright @National Human Rights Commission All rights are reserved.
No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form by any means, i.e., electronic, mechanical, photocopying, recording or otherwise, without prior written permission of the publisher.

Published in 2021, by Research Division, National Human Rights Commission, India.

Any errors in the installation or the citation of references in this study are inadvertent and may please be ignored.
DESIGNED BY Bored Markers LLP, New Delhi PRINTED BY Quick Offset, New Delhi ISBN : 978-81-955596-3-3 Contents Foreword Preface Acknowledgements LIST OF ABBREVIATIONS INTRODUCTION NHRC Sub-Committee of Experts on CEDAW CHAPTER ONE Equality and Non- Discrimination CHAPTER TWO Trafficking and Sexual Exploitation CHAPTER THREE Political and Public Life CHAPTER FOUR Education and Employment CHAPTER FIVE Health and Reproductive Rights CHAPTER SIX Marriage, Family and Legal Rights CHAPTER SEVEN Social and Cultural Life CHAPTER EIGHT Women in Rural Areas CHAPTER NINE Procedural Aspects of Implementation of CEDAW Image Credit: Adam Cohn Major Recommendations i ii iii v 1 4 8 18 34 41 62 70 85 92 104 109 Foreword i Preface ii Acknowledgement iii iv iv List of Abbreviations A AHTUs ANMS ART BL CCL CEDAW CrPC DLSA ECS ERA 1.
2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

G 13.

GDP 14.

GER 15.

GOI HAMA 16.

HSA 17.

HIV 18.

HWCs 19.

ICDS 20.

ICMR 21.

IFS 22.

ILO 23.

ISMWA 24.

ITPA 25.

26.

JJ 27.

MP 28.

MBA 29.

MCD 30.

MEA 31.

MGNREGA 32.

MHA 33.
MHRD v Article Anti-Human Trafficking Units Auxiliary Nurse Midwives The Assisted Reproductive Technology (Regulation) Bill 2020 Bonded Labour Child Care Leave Convention on Elimination of all forms of Discrimination against Women The Code of Criminal Procedure, 1973 District Legal Services Authorities Electronic Clearing System Equal Remuneration Act, 1976 Gaps between CEDAW and Indian Laws Gross Domestic Product Gross Enrolment Ratio Government of India The Hindu Adoption and Maintenance Act, 1956 Hindu Succession Act, 1956 Human Immunodeficiency Virus Health and Wellness Centers Integrated Child Development Scheme Indian Council of Medical Research Indian Foreign Service International Labour Organisation Inter-State Migrant Worker Act, 1979 The Immoral Traffic ( Prevention) Act, 1956 Juvenile Justice Act, 2015 Madhya Pradesh Maternity Benefits Act, 1961 Municipal Corporation of Delhi Ministry of External Affairs Mahatma Gandhi National Rural Employment Guarantee Act, 2005 Ministry of Home Affairs Ministry of Human Resource Development PCM PHC PLFS PM-JAY POSH Act PWDS R 34.
MLAs 35.

MMR 36.

MoH&FW 37.

MOU 38.

MoWCD 39.

MoYA 40.

MTPA 41.

NCDC 42.

NCW 43.

NFHS 44.

NGO 45.

NGRCA 46.

NHM 47.

NHP 48.

NHRC 49.

NIA 50.

OSCS 51.

52.

53.

54.

55.

56.

57.

58.

Ref 59.

60.

RTE 61.

62.

SC 63.

SC 64.

SEDGs 65.

SEZs 66.

SHGs 67.

SITA 68.

SLSA 69.

SPEM 70.

ST 71.

72.

UP 73.

U/S 74.

UGC 75.

UWSSA 76.
WP STEP S RMNCH+A vi Member of Legislative Assemblies Maternal Mortality Rate Ministry of Health and Family Welfare Memorandum of Understanding Ministry of Women and Child Development Ministry of Youth Affairs and Sports Medical Termination of Pregnancy Act, 1971 National Cooperative Development Corporation Act, 1962 National Commission for Women National Family Health Survey Non-Governmental Organisation The National Gender Resource Centre in Agriculture National Health Mission National Health Policy National Human Rights Commission, India National Investigation Agency ( Amendment) Act, 2019 One Stop Centers Prohibition of Child Marriage Act, Primary Health Centres Periodic Labour Force Survey Pradhan Mantri Jan Arogya Yojana Sexual Harassment of Women at Workplace (Preventions Prohibition and Redressal) Act, 2013 Persons with Disabilities Recommendations Reference Reproductive- Maternal- Neonatal- Child and Adolescent Health Rights of Children to Free and Compulsory Education Act, 2009 Section Scheduled Cast Supreme Court Socio-economic disadvantaged groups Special Economic Zones Self Help Groups The Suppression of Immoral Traffic in Women and Girls Act, 1956 State Legal Services Authorities State Poverty Eradication Mission Scheduled Tribe The Support to Training and Employment Programme for Women Uttar Pradesh Under Section University Grants Commission Unorganized Workers Social Security Act, 2008 Writ Petition viivii Introduction Considering rising atrocities and discrimination against women, the United Nations Commission on the Status of Women (CSW), after more than thirty years of work, prepared ‘The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).’ The CEDAW was adopted by the United Nations General Assembly (UNGA) on 18th December 1979, however, it came into force as an international treaty on 3rd September 1981.
Today, around 189 countries have ratified CEDAW & 165 have ratified CEDAW-OP (Optional Protocol).

The work of the CSW has been instrumental in bringing to light all the areas in which women have been denied equality with men.

These efforts for the advancement of women have resulted in several declarations and conventions, of which the CEDAW is the central and most comprehensive document.
The text of the CEDAW was prepared by working groups of CSW during 1976 and extensive deliberations by a working group of the Third Committee of the General Assembly from 1977 to 1979.

The drafting of the CEDAW declaration was also encouraged by the implementation of the recommendations of the World Conference of the International Women’s Year held in Mexico City in 1975 by the World Action Plan.
Therefore, the CEDAW document was adopted by the UNGA under resolution 34/180, to codify comprehensively international legal standards for women.

The spirit of the CEDAW is rooted in the goals of the United Nations: to reaffirm faith in fundamental human rights, in the dignity, and worth of the human person, in the equal rights of men and women.

The CEDAW spells out the meaning of equality and how it can be achieved.
In doing so, the CEDAW establishes not 1 only an international bill of rights for women, but also an agenda for action by countries to guarantee the enjoyment of those rights.

The Convention consists of a preamble and 30 articles.

In its preamble, the CEDAW explicitly acknowledges that “extensive discrimination against women continues to exist”, and emphasizes that such discrimination “violates the principles of equality of rights and respect for human dignity”.
In its approach, the Convention covers three dimensions of the situation of women.

In addition, and unlike other human rights treaties, the CEDAW is also concerned with the dimension of human reproduction as well as with the impact of cultural factors on gender relations.

At least every four years, the States Parties are expected to submit a national report to the Committee, indicating the measures they have adopted to give effect to the provisions of the CEDAW.
During its annual session, the Committee members discuss these reports with the Government representatives and explore with them areas for further action by the specific country.

India ratified CEDAW on 9th July, 1993 committing a national agenda for the State Parties to end discrimination against women in India.

However, India has not yet ratified the Optional Protocol to CEDAW.
The CEDAW Committee considered the combined fourth and fifth periodic reports of India on 2nd July, 2014, during its 58th session.
Objective of the Study The National Human Rights Commission (NHRC) is mandated under Section 12(f) of the Protection of Human Rights Act, 1993 “to study treaties and other international instruments on human rights and make recommendations for their effective implementation.” In keeping with this mandate, the Research Division of NHRC was assigned the task to conduct the present analytical study.
For an 8 years old girl child somewhere in Madhya Pradesh whose parents could only afford one child’s education and decided to let her brother take the chance; for the 20 years old woman somewhere in Gujarat who is on the verge of giving up writing emails to her employer to raise her remuneration to bring it at par with what her male colleagues receive; for the 28 years old in Haryana who is being forced to get married to the family who promised to pay her parents a hefty amount; for the 72 years old mother who lost her partner and is now forcefully being ousted from her home by her children - to them, their home country signing or ratifying an international document does not make a difference in their lives, all what matters to them is their own stories where they have to deal with vices such as gender-based discrimination, violence, unfairness at home and at workplace, and inquality in terms of opportunities and spaces to grow.
Henceforth, one of the most significant objectives of this study is basically to identify and share with the stakeholders, the status of implementation of CEDAW in India, the gaps between the articles of the CEDAW and the various Indian provisions that ensure protection of rights of the women.

Also, to suggest recommendations and to send them to the concerned Ministries and Departments for taking action for remedifying the identified gaps.
This analytical study is expected to be of value to the lawmakers, policy makers, executives, civil society, academicians and students of gender studies, human rights and related disciplines.

It will inculcate a sense of interest and encourage the stakeholders to take remedial measures regarding women’s rights.

This study also comes with recommendations for all the enlisted gaps which will further guide the law-making and law-implementing agencies.
2 3 3 The NHRC Sub-Committee of Experts of the Study 4 4 With the objectives to include domain expertise, to ensure that no relevant information is omitted from the document and to bring together a brilliant team who could take up the task and successfully and responsibly complete it, a Sub-Committee on Convention on Elimination of All Forms of Discrimination Against Women (CEDAW) was constituted under the chairpersonship of Smt.

Jyotika Kalra, Hon’ble Member, NHRC in May 2020.


The rationale behind constituting the Sub-committee was also to have resource persons to examine whether the legislations, policies and schemes meet the requirements of the articles of the CEDAW and thereafter, make recommendations to fill the existing gaps.

The recommendations would then be sent to the concerned ministries and authorities to take necessary action.
The domain experts who served as Members of the Sub- committee (Hereafter Members) and contributed to this study throughout include: Dr Indu Agnihotri former Director CWDS and former Special Monitor (Women), NHRC; Prof. (Dr.) Manoj Kumar Sinha, Director and Professor, ILI; Dr Charu Walikhanna, Advocate Supreme Court of India , Ex-Member, NCW; Ms. Madhu Mehra, Director, PLD and Advocate.
Throughout the writing of this document, other than the Members, expert contributions were made by distinguished special invitees such as: Ms Asha Kowtal, Gen. Secretary, All India Dalit Mahila Adhikar Manch (AIDMAM); Sh Ajeet Singh, Director, Guria (India); Ms Nishtha Satyam, former Deputy Country Representative, UN Women Office for India; Dr Vijay Raghavan, Professor, Tata Institute of Social Sciences; Prof. (Dr.) Neerja Bhatla, AIIMS; Ms. N Sarojini, Founder, SAMA - Resource Group for Women and Health; Ms Pompi Banerjee, Sanjog.
The NHRC In-house team that contributed to this study includes the former Secretary General of the NHRC, Shri Jaideep Govind; Shri Bimbadhar Pradhan, Secretary General, NHRC; Ms. Anita Sinha, Joint Secretary; Dr. M.D.S.

Tyagi, Joint Director (Research); Dr. Seemi Azam, Research Officer and Junior Research 5 Consultants Ms. Atishya Kumar, Ms. Diana Thomas, Ms. Chandrali Sarkar, Ms. Nihal Kaur and Ms. Sakshi Thapar.
As per the Government guidelines and keeping in view the COVID-19 situation, a few meetings after the first meeting of the Sub-committee were organised online on Webex platform and as the situation allowed, they were converted into hybrid mode, i.e, the members or the special invitees who were present in New Delhi or those who found it convenient joined the meeting in-person in the Commission premises.
Besides thirteen formal Sub-committee meetings, approximately fifty in-house meetings in the duration of seventeen months with the first meeting on 2nd June 2020 and the final meeting on 12th November 2020 were held under the chairpersonship of Hon’ble Member Smt.

Jyotika Kalra.

The general pattern was that an initial draft chapter was compiled, a copy of which was then emailed to the members seeking their contributions, comments, and suggestions.
After incorporating them into the draft, a revised copy was shared with the members.

A Sub-committee meeting would then be organised after that in which all members would meet and discuss their comments.

Following this, the chapter would be finalised in the post-meeting of the internal team, a copy of which was shared with the members.

The first meeting was concluded with the finalisation of the sub-themes on which various chapters would be written.
Thereafter, all the consecutive meetings were dedicated to each chapter of the document.

Structure of the Study This analytical study has been strategically structured to aid the understanding of the reader regarding CEDAW and the status of implementation of CEDAW articles in India.

To begin with, the main content of the document has been classified into 9 theme based chapters.
Each chapter focuses on specified CEDAW Articles, for example, the CEDAW A.1 to A.5 have been dealt with in the first chapter titled “Equality and Nondiscrimination.” In all the chapters, the first column mentions the relevant CEDAW Article(s) in brief, whereas the complete article has been reproduced in the footnote.

The second column contains the corresponding provisions in the Constitution of India, Legislations, Policies, Schemes, Reports, and Judgements.
The last column contains the identified gaps between the CEDAW article and its implementation in India which are denoted by ‘G’ and its corresponding recommendations made by the NHRC, are denoted by ‘R’.

Wherever any entry in the second column has been repeated in the later chapter, it is mentioned briefly and is followed by ‘(Supra: Chapter number where it was primarily referred)’.
In such cases, including instances where only a certain section/ subsection/subsubsection is added due to its relevance, a footnote has been provided where that section or the article can be viewed in its entirety.

Summary of the Chapters The first chapter, CEDAW A.

1 to A.

5.

- ‘Equality and Non- discrimination’ identified the gaps in realisation of equality and non discrimination towards women in India and gave the corresponding recommendations for the same; the second chapter, CEDAW A.
6 - ‘Trafficking and Sexual Exploitation’ identified the gaps in different trafficking related legislatures and gave its corresponding recommendations; the third chapter, CEDAW A.

7 - ‘Political and Public Life’ majorly dealt with the abysmal representation of women in the upper echelons of the lawmaking and low representation of women in judiciary; the fourth chapter, CEDAW A.
8, 10 & 11 - ‘Education and Employment’ dealt with the infrastructure at primary and rural 6 schools, technical education, social welfare schemes, MGNREGA, and falling female labour force participation, representation of women at international levels, et cetera; the fifth chapter, CEDAW A.
12 - ‘Health and Reproductive Rights’ came up with the recommendations for increasing the health budget, implementation of the national health policy and the directions issed by the Supreme Court regarding sterilisation camps, et cetera; the sixth chapter, CEDAW A.

9, 15 & 16 - ‘Marriage, Family and Legal Rights’ dealt with different age of brides and bridegrooms in different legislatures, mother not being given the status of guardian, child marriage, et cetera; the seventh chapter, CEDAW A.
13 - ‘Social and Cultural Life’ emphasised upon sports with special focus on women; the eighth chapter, CEDAW A.

14 - ‘Women in Rural Areas’ covers topics such as maternal mortality rate, primary health centres, child marriage, gender digital divide, et cetera; the ninth chapter deals with the Procedural Aspects of CEDAW covered in CEDAW A.

17 to A.

30, as to how the Committee on CEDAW would function and the obligations of the State Parties toward the objective of fulfilment of CEDAW.
Finally, the study concludes with highlighting the major recommendations of this analytical study, it also mentions the respective ministries from whom action taken report on the recommendations would be sought.
This study examined quite a number of Articles of the Constitution of India, legislations, policies and judgements and finally a total of thirty-three Articles of the Constitution of India, fifty-four different legislations, a total of sixty-three policies, reports, schemes, Programmes, Advisories, MOUs, Rules and Regulations, and finally a total of forty-nine leading judgements have been relied upon for identification of the gaps.
Feedback and suggestions on the contents of the study may please be sent on dsr.nhrc@nic.in 7 7 Equality and Non-Discrimination 8 Article 1 CONSTITUTION: The term “discrimination against women” shall mean: Any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of – impairing or nullifying the recognition, enjoyment or exercise by women in respect of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.1 Article 2 States Parties to condemn discrimination against women in all its forms, and, to this end, undertake to: (a) Embody the principle of the equality of men and women in their national constitutions or other appropriate legislation; 9 A.
126 : Definition.—In Part III of the Constitution dealing with Fundamental Rights, “the State” includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities.

A.

147 : Ensures equality before the law and equal protection of the laws by the State.

A.
A.

158 : Prohibits discrimination on grounds of religion, race, caste, sex or place of birth- (1) State not to discriminate on grounds of religion, race, caste, sex or place of birth or any of them.

(2) No citizen to be subjected to any disability, liability, restriction or condition, on grounds of religion, race, caste, sex or place of birth or any of them with regard to access to public spaces and facilities.

(3) Empowers the State to make special provisions for women and children.
(4) Empowers the State to make special provisions for the advancement of socially backward classes of citizens or Scheduled Castes and Scheduled Tribes.

(5): ...... A.169 : Equality of Opportunity in matters of Public Employment- (1) Ensures equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
The Constitution of India and legislations guarantee equality including making a provision for affirmative actions in favour of women; and especially prohibits discrimination against women, particularly in relation to State.

However, in reality, women’s enjoyment and exercise of equal rights remain restricted in all spheres of life including social, economic, and political, among others.
Some significant gaps in the realization of equality and non-discrimination along with the corresponding recommendations are as follows: G1: 48.5% of the Indian population is women, but only 27.4% of women are in the workforce.
Women hold only 14.39% of seats in Lok Sabha (2019-2024) Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women (b) Adopt legislative and other measures, including sanctions, prohibiting all discrimination against women; (c) Establish legal protection of the rights of women through national tribunals/ public institutions against any act of discrimination; (d) Refrain from engaging in any act or practice of discrimination against women and to ensure that public authorities and institutions shall act in conformity with this obligation; (e) Take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise; (f) Take all appropriate measures to modify or 10 (2): Prohibits discrimination on the grounds of religion, race, caste, sex, etc.
in employment or appointment to any office under the State.

(3): ..... (4): ..... LEGISLATIONS: Protection of Human Rights Act, 1993: To provide for the 1. constitution of NHRC10 for better protection of human rights.

2.

National Commission for Women Act, 1990: To provide for the constitution of NCW11 for the protection of women’s rights.

3.

Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989: Legislation to check and deter crimes against SC/ST.
Indecent Representation of Women (Prohibition) Act, 1989: 4.

Prohibits indecent representation of women through advertisement or in publication, etc.

5.

Maternity Benefit Act, 1861: Regulates the employment of women for certain periods before and after childbirth and to provide maternity benefit.
Maternity Benefit Act (MBA), 1961 and Maternity Benefit (Amendment) Act, 2019: a. S. 5: Provides all the maternity benefits available to a woman working in an organised sector and the amount of leave available to and 8.8% women in Rajya Sabha (2010).

During 2011-15, female MLAs in the State Legislative Assemblies were 8.4% and female candidates were 7.3%.

The data shows that there is a continued low representation of women in the upper echelons of law- making affirmative actions.
[CEDAW A.3 and A.7(b) R1: To improve the representation of women in the upper echelons of law- making, affirmative actions are required including legislature to reserve 33 per cent seats for women in Lok Sabha, and in all State Legislative Assemblies.

G2: Fundamental Rights as enshrined in the Constitution are only enforceable against the State.
Thus, only the State has an obligation not to discriminate on the Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women abolish existing laws, regulations, customs and practices which constitute discrimination against women; (g) Repeal all penal provisions which constitute discrimination against women.2 Article 3 States Parties shall take all appropriate measures including legislation, in all fields, to ensure the full development and advancement of women.3 Article 4 1.
Adoption by States Parties of temporary special measures aimed at accelerating de facto equality between men and women shall not be considered discrimination.

11 her.

b. S. 9: Provides for paid leave in case of miscarriage.

c. S. 12: States that it is unlawful to discharge/dismiss a woman absent from work due to her pregnancy in accordance with the Act.

Industrial Disputes Act, 1947: Provided for same wages and 6. other facilities to women workers and provision of creches, feeding intervals, etc.
at the workplace.

Equal Remuneration Act (ERA), 1976: S. 4: States that the 7. employer has to pay equal remuneration to men and women workers for same work or work of a similar nature.12 8.

The Companies Act, 2013: As per the second Proviso to Section 149(1) read with Rule 3 of the Companies (Appointment and Qualification of Directors) Rules, 2014, every listed company, every public company having paid-up share capital of Rs.

100 crore or more, and every public company having a minimum turnover of Rs.
300 crore or more, makes provision for at least one woman director.

POLICIES AND REPORTS: 1.

The Committee on the Status of Women in India, 1971: Undertook a comprehensive review of women’s status in India in all spheres.

‘Towards Equality,’ its report made extensive recommendations to address discrimination and marginalization of women.

and gave useful guidelines for the formulation of social basis of sex.
However, there is a vacuum in law with regards to the prohibition of discrimination against women by any private person, organization or enterprise.

[CEDAW A.2 (e)] R2: This legislative vacuum should be filled by enacting appropriate legislation(s).

G3: Several prevailing customs and practices that perpetuate discrimination against women are out of the purview of the legislative framework.
[CEDAW A.2 (f)] R3: Efforts should be made to discourage prejudices and eliminate customs and practices that discriminate against women by enacting appropriate legislation(s) and other necessary social measures to be taken.
G4: Despite legislations Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women 2.
Adoption by States Parties of special measures, aimed at protecting maternity shall not be considered discriminatory.4 Article 5 States Parties shall take all appropriate measures to: (a) Modify the social and cultural conduct of men and women, with a view of achieving the elimination of prejudices and customary and all other practices;(b) Ensure that family education includes the understanding of maternity as a social function and the common responsibility of men and women in the upbringing and development of their children, with the interest of the children as the primordial consideration in all cases.5 12 policies and mechanisms to address gaps in equality for women.
Committee looked into Constitutional, legal and administrative provisions and their impact on women, especially rural women and also suggested measures to enable women to play their role in building up the nation.

2.
2.

National Policy for the Empowerment of Women, 2001: The goals of the policy are- • • Advancement, development and empowerment of women; Equal access to participation and decision making for women in social, political and economic life of the nation; • Mainstreaming gender perspective in the development process.

• Building and strengthening partnerships with civil society, particularly women’s organizations.

3.
3.

Draft National Policy for Women, 2016: Titled ‘Articulating a Vision for Empowerment of Women,’ the policy states that, the empowerment of women can only be achieved when advancement in the conditions of women is coupled with their ability to influence the direction of change through equal opportunities in all spheres of life, including political life.

4.
4.

Report of the High-Level Committee on Status of Women, 2015: The Committee’s mandate was to undertake a comprehensive study on the status of women since 1989, and to evolve appropriate policy interventions based on a contemporary ensuring equal opportunities for women, the unavailability of adequate and quality crèches for children of working women discourages them from joining workplaces.
[CEDAW A.3] R4: Crèches for children should be ensured at/ near the workplace/home to enable and encourage women to work.

G5: Despite reservations for women as Independent Directors under the Companies Act, 2013, there are only a few women in leadership positions, especially at the board level and many positions are lying vacant.

[CEDAW A.3] R5: The vacancies reserved for women in the board should be filled up in a time- bound manner.
Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women assessment of women’s economic, legal, political, educational, health and socio-cultural needs.
One of the key recommendations includes ensuring at least 50 per cent reservation of seats for women in the local bodies, State Legislative Assemblies, Parliament, Ministerial levels and all decision-making bodies of the government.13 JUDGEMENTS: 1.

Charu Khurana V/s UOI (2015) 1 SCC 192: A female Petitioner was refused membership as a make-up artist in the Cine Costume Make-up Artists and Hair Dressers Association, the rules of which allowed only men to be make-up artists.
The Court held that the Petitioner could not be denied membership, as discrimination on grounds of gender was a clear violation of her right to equality and denial of “her capacity to earn her livelihood which affects her individual dignity 2.

The Secretary, Ministry of Defence v. Babita Puniya & Ors.

MANU/SC/0194/2020: Women engaged on Short Service Commissions in the Army seek parity with their male counterparts in obtaining PCs.

SC, allowed women a permanent commission in Army.


Kush Kalra vs Union Of India & Anr.

on 5 January 2018: 3.

Institutional discrimination by UOI against women by not recruiting them into the Indian Territorial Army.

Delhi High Court opened the doors of TA for women.


13 Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women 4.

State of Jammu and Kashmir and Ors.

v. Susheela Sawhney and Ors.


AIR 2003 J&K: The bench, in the landmark judgement on 7 October 2002, held by a majority view that the daughter of a permanent resident of Jammu and Kashmir will not lose her status as a permanent resident upon her marriage to a person from outside the state.

5.

MCD v. Female Workers Special Leave Petition (Civil) 12797 of 1998: SC held that the maternity benefit is applicable to all casual workers and daily wage workers.
14 Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women 15 15 1Article 1 For the purposes of the present Convention, the discrimination against women; their children, it being understood that the interest of (g) To repeal all national penal provisions which the children is the primordial consideration in all cases.
term “discrimination against women” shall mean any constitute discrimination against women.

distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.
2Article 2 States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: (a) To embody the principle of the equality of men and women in their national constitutions or other appropriate legislation if not yet incorporated therein and to ensure, through law and other appropriate means, the practical realization of this principle; (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women; (c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination; (d) To refrain from engaging in any act or practice of discrimination against women and to ensure that public authorities and institutions shall act in conformity with this obligation; (e) To take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise; (f) To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute 16 3Article 3 States Parties shall take in all fields, in particular in the political, social, economic and cultural fields, all appropriate measures, including legislation, to ensure the full development and advancement of women , for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men.
4Article 4 1.

Adoption by States Parties of temporary special measures aimed at accelerating de facto equality between men and women shall not be considered discrimination as defined in the present Convention, but shall in no way entail as a consequence the maintenance of unequal or separate standards; these measures shall be discontinued when the objectives of equality of opportunity and treatment have been achieved.

2.
2.

Adoption by States Parties of special measures, including those measures contained in the present Convention, aimed at protecting maternity shall not be considered discriminatory.
5Article 5 States Parties shall take all appropriate measures: (a) To modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women; (b) To ensure that family education includes a proper understanding of maternity as a social function and the recognition of the common responsibility of men and women in the upbringing and development of 6Article 12 Definition.—In this Part, unless the context otherwise requires, “the State” includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.
7Article 14 Equality before law.—The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

8Article 15 Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.—(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to— (a) access to shops, public restaurants, hotels and places of public entertainment; or (b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.
(3) Nothing in this article shall prevent the State from making any special provision for women and children.

2 [(4) Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.]
9Article 16 Equality of opportunity in matters of public employment.—(1) There shall be equality of opportunity for all citizens in matters relating to from considering any unfilled vacancies of a year similar nature.- (1) No employer shall pay to any employment or appointment to any office under the which are reserved for being filled up in that year in worker, employed by him in an establishment or State.
accordance with any provision for reservation made employment, remuneration, whether payable in cash (2) No citizen shall, on grounds only of religion, race, under clause (4) or clause (4A) as a separate class or in kind, at rates less favourable than those at which caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be remuneration is paid by him to the workers of the opposite sex in such establishment or employment for respect of, any employment or office under the State.
considered together with the vacancies of the year performing the same work or work of a similar nature.

(3) Nothing in this article shall prevent Parliament in which they are being filled up for determining the (2) No employer shall, for the purpose of complying from making any law prescribing, in regard to a class ceiling of fifty per cent.

reservation on total number of with the provisions of sub-section (1), reduce the rate or classes of employment or appointment to an vacancies of that year.]
of remuneration of any worker.
office 3[under the Government of, or any local or (5) Nothing in this article shall affect the operation (3) Where, in an establishment or employment, other authority within, a State or Union territory, any of any law which provides that the incumbent of an the rates of remuneration payable before the requirement as to residence within that State or Union office in connection with the affairs of any religious commencement of this Act for men and women territory] prior to such employment or appointment.
or denominational institution or any member of the workers for the same work or work of a similar nature (4) Nothing in this article shall prevent the State governing body thereof shall be a person professing are different only on the ground of sex, then the higher from making any provision for the reservation of a particular religion or belonging to a particular (in cases where there are only two rates), or as the appointments or posts in favour of any backward denomination.
case may be, the highest (in cases where there are class of citizens which, in the opinion of the State, is 1[(6) Nothing in this article shall prevent the State more than two rates), of such rates shall be the rate at not adequately represented in the services under the from making any provision for the reservation of which remuneration shall be payable, on and from such State.
appointments or posts in favour of any economically commencement, to such men and women workers: 4[(4A) Nothing in this article shall prevent the State weaker sections of citizens other than the classes Provided that nothing in this sub-section shall be from making any provision for reservation 5[in matters mentioned in clause (4), in addition to the existing deemed to entitle a worker to the revision of the of promotion, with consequential seniority, to any reservation and subject to a maximum of ten per cent.
rate of remuneration payable to him or her before the class] or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.]

of the posts in each category.]

10NHRC- National Human Rights Commission 11NCW- National Commission for Women 12Equal Remuneration Act (ERA), 1976:Section 4.
Duty of employer to pay equal remuneration to men 6[(4B) Nothing in this article shall prevent the State and women workers for same work or work of a commencement of this Act.
13 https://wcd.nic.in/documents/hlc-status-women 14 https://rajyasabha.nic.in/rsnew/publication_ electronic/reserv_women_pers2008.pdf 17 Trafficking and Sexual Exploitation 18 Article 61 : CONSTITUTION: States Parties shall take all appropriate measures including legislation, to suppress: • All forms of traffic in women • Exploitation of prostitution of women.

19 A.
19 A.

23: Prohibition of traffic in human beings and forced labour (1)Prohibits traffic in human beings and begar2 and other similar forms of forced labour and provides that any contravention of this provision is a punishable offence.3 (2).... A.

394: The State shall, in particular, direct its policy towards securing— (a)...... (b)...... (c)…… (d)....... (e) The health and strength of workers be it an adult or a child should not be abused.
No citizens should be forced by economic necessity to enter avocations unsuited to their age or strength.

(f)....... LEGISLATIONS: 1.

Indian Penal Code S.370: Trafficking of Persons5: (1) Whoever, for the purpose of exploitation, (a) recruits, (b) transports, (c) harbours, (d) transfers, or (e) receives, a person or G1: ITPA, 1956 deals with sexual exploitation and prostitution of women and yet does not provide a comprehensive definition of human trafficking and other forms of trafficking.
(CEDAW A.6) R1: Trafficking should be defined in the ITPA.

The definition of Trafficking U/s 370 of IPC, which covers exploitation, recruitment, transportation, etc., by means of threat or force may be followed.

G2: There is no definition of ‘Victim’ in the ITPA.

Further, U/s 2(aa) of ITPA, ‘child’ means a person who has not completed the age of 16 years.
Further, U/s 2(cb) of ITPA, minor means a person who has completed the age of 16 years but has not completed the age of Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women persons, by - firstly, - … secondly, - … thirdly, - … fourthly, - … fifthly, - … sixthly, - ... S.370A: Exploitation of a Trafficked Person6 : (1) Whoever believes that a minor has been trafficked, engages such a minor for sexual exploitation shall be punished.
(2) Whoever has reasons to believe that a person has been trafficked, engages such a person for sexual exploitation shall be punished.

2.

The Immoral Traffic (Prevention) Act (ITPA), 1956: This Act makes trafficking and sexual exploitation of persons for commercial purposes a punishable offence.

S.2: (a) brothel9 - A place used for the purpose of sexual exploitation for the gain of another.

(aa) child10 - A person who has not completed the age of sixteen years.
(cb) minor11 - a person, who has completed the age of sixteen years but has not completed the age of eighteen years.

eighteen years.

(CEDAW A.6) R2: ‘Victim’ should be defined in the ITPA and the definition of ‘Victim’ as provided U/s 2(wa) of Cr PC may be followed.

While the definition of ‘child’ as provided U/s 2(12) JJ Act, 2015 i.e.

a ‘child means a person who has not completed 18 years of age should be uniformly followed both for child and minor in the ITPA.
G3: Protective Home, U/s 21 of the ITPA and other provisions do not provide for monitoring of such homes.

Further, the Act does not provide for community-based rehabilitation measures like skill development and employability on a long term basis for the trafficked victims.
(CEDAW A.6) 20 Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women (f) prostitution10 - sexual exploitation or abuse of a person for commercial purposes.
S.3: Keeping a brothel or allowing premises to be used as a brothel is punishable by law.11 S.5: Whosoever procures or takes a person for the sake of prostitution shall be punished with imprisonment up to three years and may also be fined up to two thousand rupees.12 S.7: Any person who carries on prostitution in or in the vicinity of a public place shall be punishable with imprisonment for a maximum term of three months.13 S.9: Any person who aids or abets the seduction of a person for prostitution is punishable with imprisonment for not less than seven years up to life.14 S.21: The State Government has the power to establish and maintain as many Protective Homes or corrective institutions in accordance with the license issued under this section.15 S.22A: The State Government has the power to establish Special Courts if it finds it necessary for the purpose of providing speedy trial.16 3.
Bonded Labour System (Abolition) Act, 1976 S.2: (e) bonded labour17: Any labour rendered under the bonded labour system.

(f) bonded labourer18: A bonded labourer who incurs or has or is R3: Provision for periodic monitoring and social audits of the Protective Homes should be incorporated in the Act so as to check incidents of sexual abuse and violence and ensure community- based rehabilitation through skill development and employability of the victims.
G4: The ITPA does not address the issue of trafficking for the purpose of bonded labour.

Further, it does not provide for the survivors to register a case of trafficking for the purpose of bonded labour thereby depriving them of compensation as per the Bonded Labour Act.
(CEDAW A.6) R4: Trafficking for the purpose of forced labour should be linked with the BL Act as it would ensure 21 Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women presumed to have incurred a bonded debt.
(g) bonded labour system: means a system of forced or partly forced labour under which a debtor enters into an agreement with the creditor in consideration of advance obtained by him and/or for other reasons.

S.4: Bonded Labour system stood abolished from the commencement of this Act.20 4.

The Transplantation Of Human Organs And Tissues Act, 1994 The Act makes provision for the removal of human organs without authority, for commercial dealings in human organs, for illegal dealings in human tissues etc.
5.

Devdasi System Abolition Acts : • Karnataka Devadasis (Prohibition of Dedication) Act, 1982 • Maharashtra Devadasi System (Abolition) Act, 2000 • Tamil Nadu Devadasis (Prevention of Dedication) Act, 1947 • The Telangana Devadasis (Prohibition Of Dedication) Act, 1988.

• The Andhra Pradesh Devadasis (Prohibition Of Dedication) Act, 1988 6.

National Investigation Agency (Amendment) Act, 2019 NIA Act, 2008 was amended in 2019.
The amended Act empowered the Agency to investigate offences related to human trafficking.

It further empowered the Agency to investigate such offences on foreign soil subjected to international treaties and domestic laws.

compensation to victims as per Central Sector Rehabilitation Scheme.

G5: States lack monitoring and regulating systems to prevent fake and fraudulent placement agencies due to which domestic workers get trafficked into commercial sexual exploitation and forced labour.
(CEDAW A.6) R5: The State Parties should put in place adequate monitoring and regulating systems to closely monitor the functioning of private placement agencies to prevent trafficking.

G6: The Transplantation of Human Organs and Tissues Act, 1994 is presently not aligned with the trafficking of persons.

As a matter of fact, persons are also trafficked for the purpose of organ trade.
(CEDAW A.6) 22 Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women SCHEMES: 1.

Ujjawala Scheme: The Scheme was launched in 2019 for the prevention of trafficking, rescue, rehabilitation, reintegration and repatriation of victims of trafficking for commercial sexual exploitation.
The objective of the scheme is to prevent the trafficking of women and children for commercial sexual exploitation through social mobilization and involvement of local communities, awareness generation programmes, generation of public discourse through workshops/seminars and such events and any other innovative activity.21 2.
Central Sector Scheme for Rehabilitation of Bonded Labours, 2016: In cases of bonded or forced labour involving extreme cases of deprivation or marginalization such as trafficking etc.
or in cases of differently-abled persons, or in situations where the District Magistrate deems fit, the rehabilitation assistance shall be Rs 3 lakhs, out of which at least Rs 2 lakhs shall be deposited in an annuity scheme in the name of each beneficiary and Rs 1 lakh shall be transferred to the beneficiary account through ECS.

3.
3.

A comprehensive scheme for the establishment of integrated Anti Human Trafficking Units (AHTUs) and capacity building of responders, including training of trainers for strengthening the law enforcement response to human trafficking in India to take up the crusade against all criminal aspects of the crime of human trafficking particularly in women and children as a national mission R6: The present ITPA should be in alignment with the Transplantation Act.
G7: There is a lack of coordination among the stakeholders and state functionaries while dealing with the cases related to human trafficking which results in poor investigation and further victimisation of the trafficked persons.

(CEDAW A.6) R7: State Advisory Committee to prevent Human trafficking and rehabilitation victims should be set up along the lines of the Central Advisory Committee.
Ensure combined training and coordinated approach by the police, Department of Social Welfare and Women and Child Development, DLSA, SLSA, Ministry of Labour 23 Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women mode project.

ADVISORIES ON HUMAN TRAFFICKING: 1.


MHA Advisory on Preventing and Combating Human Trafficking in India, 2009 2.

MHA Advisory on Human Trafficking as organized crime, 2012 3.

MHA Advisory on preventing and combating human trafficking in India - dealing with foreign nationals, 2012 4.

Advisory on Preventing and combating human trafficking especially during the period of COVID-19 pandemic, 2020 5.
The National Human Rights Commission issued the advisory on ‘Combating Human Trafficking in context of the Covid-19 Pandemic’ in 2020 to help the Central Ministries and State Government(s) in ensuring the promotion and protection of the rights of the victims/survivors of human trafficking.
MOU: • Between India and Bangladesh, signed in 2015, on bilateral cooperation for the prevention of Human trafficking especially for combating trafficking in women and children; rescue, recovery, repatriation and reintegration of victims of trafficking.

• Between India and Myanmar, signed in 2019, on enhancing bilateral cooperation between both the countries for prevention of trafficking in persons.

and other stakeholders while dealing with trafficking cases.
G8: The functioning and jurisdiction of NIA are not clear.

For example, how will NIA operate, which court will have the jurisdiction to try trafficking cases, NIA’s link with AHTUs, further in case of duplication whether the jurisdiction of NIA or ITPA will prevail, needs to be clarified.

(CEDAW A.6) R8: Relation between NIA Act and ITPA should be specified in both the laws.
G9: Since the establishment of AHTUs is by way of a scheme, the setting up of the AHTUs at the district level is not legally enforceable.
(CEDAW A.6) R9: ITPA be amended to provide for the establishment 24 Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women of AHTUs at the district level as stated in the scheme.

JUDGEMENTS: Budhadev Karmaskar v. State of West Bengal [(2011) 10 1.
SCC 283]: The Supreme Court held that sex workers/prostitutes are also entitled to a life of dignity in view of Article 21 of the Constitution.

The Court directed the Government to prepare schemes for giving technical/vocational training to sex workers and sexually abused women in all cities in India.

Upendra Baxi v. State of Uttar Pradesh [(1986) 4 SCC 106]: 2.
The Supreme Court emphasized on the conduction of proper rehabilitation programmes and vocational training for the inmates of protective homes established under SITA, 1956 (amended and now ITPA) so that the inmates are able to look after themselves and they do not slip into prostitution on account of economic want.

The Government of Uttar Pradesh was directed to initiate proper follow-up action with a view to ensure the inmates are not taken back to the brothels.

3.
3.

People’s Union for Democratic Rights v. Union of India [(1982) 3 SCC 235]: While focussing on the issue of minimum wage, the Supreme Court observed that Article 23; right against forced labour’ should include the right to minimum wages.

4.
4.

Kajal Mukesh Singh v. State of Maharashtra [2020 SCC On Line Bom 954]: The Bombay High Court observed while hearing a matter related to the detention of three female sex workers that there is no provision under the Indian law that makes prostitution per se a criminal offence or punishes a person because he/she indulged in prostitution.
25 Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women 5.

Neeraja Chaudhary v. State Of M.P [AIR 1984 SC 1099] and Bandhua Mukti Morcha vs Union of India & Others [1984 AIR 802] – Both the cases illustrate major judgements related to bonded labour system.
In the first case, it was observed that it is not enough to identify and release bonded labourers but they must also be rehabilitated.

While the second case upheld Article 21 right to live with human dignity and condemned exploitation in the form of bonded labour.

6.

Gaurav Jain v. Union of India (1997) 8 SCC 114 – A PIL regarding setting up of educational facilities for the children of prostitutes.
The quote gave comprehensive directions regarding the rescue and rehabilitation of prostitutes and their children in society.

7.

Vishaljeet v. Union of India 1990 SCC (3) 318 – A PIL against forced prostitution Devdasi and Jogin traditions.

The SC issued appropriate directions regarding the rehabilitation of prostitutes and their children.
26 Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women 1 Article 6: States Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women.
2Veth (or Vethi or Vetti-chakiri, from Sanskrit visti), also known as Begar (from Persian), was a system of forced labour practised in pre-independence India, in which members of populace were compelled to perform unpaid work for the government.

3 23.

Prohibition of traffic in human beings and forced labour.—(1) Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.
(2) Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them.
4 Article 39: Certain principles of policy to be followed by the State.—The State shall, in particular, direct its policy towards securing— (a) that the citizens, men and women equally, have the right to an adequate means of livelihood; (b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good; (c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment; (d) that there is equal pay for equal work for both men and women; (e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength; (f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of life, and shall also be liable to fine.
freedom and dignity and that childhood and youth are (5) Where the offence involves the trafficking of protected against exploitation and against moral and more than one minor, it shall be punishable with material abandonment.

5 Whoever, for the purpose of exploitation, (a) recruits, (b) transports, ( c) harbours, (d) transfers, or rigorous imprisonment for a term which shall not be less than fourteen years, but which may extend to imprisonment for life, and shall also be liable to fine.
(6) If a person is convicted of the offence of trafficking (e) receives, a person or persons, by— of minor on more than one occasion, then such person firstly, - using threats, or shall be punished with imprisonment for life, which secondly, - using force, or any other form of coercion, shall mean imprisonment for the remainder of that or thirdly, - by abduction, or person’s natural life, and shall also be liable to fine.
(7) When a public servant or a police officer is fourthly, - by practising fraud, or deception, or involved in the trafficking of any person then, such fifthly, - by abuse of power, or public servant or police officer shall be punished with sixthly, - by inducement, including the giving or imprisonment for life, which shall mean imprisonment receiving of payments or benefits, in order to achieve for the remainder of that person’s natural life, and shall the consent of any person having control over the also be liable to fine.
person recruited, transported, harboured, transferred or received, commits the offence of trafficking.

Explanation 1.
Explanation 1.

- The expression “exploitation” shall 6 (a)Whoever, knowingly or having reason to believe that a minor has been trafficked, engages such minor include any act of physical exploitation or any form for sexual exploitation in any manner, shall be punished of sexual exploitation, slavery or practices similar to with rigorous imprisonment for a term which shall not slavery, servitude, or the forced removal of organs.

be less than five years, but which may extend to seven Explanation 2.
- The consent of the victim is years, and shall also be liable to fine.

immaterial in determination of the offence of (b)Whoever, knowingly by or having reason to believe trafficking.
that a person has been trafficked, engages such (2) Whoever commits the offence of trafficking shall person for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term be punished With rigorous imprisonment for a term which shall not be less than seven years, but which which shall not be less than three years, but which may extend to ten years, and shall also be liable to may extend to five years, and shall also be liable to fine.

fine.
fine.

(3) Where the offence involves the trafficking of more than one person, it shall be punishable with rigorous imprisonment for a term which shall not be less than 7 includes any house, room, [conveyance] or place or any portion of any house, room, [conveyance] ten years but which may extend to imprisonment for or place, which is used for purposes [of sexual life, and shall also be liable to fine.
exploitation or abuse] for the gain of another person or (4) Where the offence involves the trafficking of a minor, it shall be punishable with rigorous for the mutual gain of two or more prostitutes; imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for 8 means a person who has not completed the age of sixteen years; 27 referred to in clause (a) or clause (b) of that sub- view to [his] carrying on, or being brought up to carry 9 means a person who has completed the age of sixteen years but has not completed the age of section, is knowingly allowing the premises or any part on prostitution; or thereof to be used as a brothel or, as the case may be, (d) causes or induces a [person] to carry on eighteen years; has knowledge that the premises or any part thereof prostitution,1[person] to carry on prostitution,” 10 means the sexual exploitation or abuse of persons for commercial purposes, and the expression are being used as a brothel, if,— (a) a report is published in a newspaper having [shall be punishable on conviction with rigorous imprisonment for a term of not less than three years circulation in the area in which such person resides to and not more than seven years and also with fine “prostitute” shall be construed accordingly.
the effect that the premises or any part thereof have which may extend to two thousand rupees, and if 11 Punishment for keeping a brothel or allowing premises to be used as a brothel.— been found to be used for prostitution as a result of a any offence under this sub-section is committed search made under this Act; or against the will of any person, the punishment of (b) a copy of the list of all things found during the imprisonment for a term of seven years shall extend to (1) Any person who keeps or manages, or acts or search referred to in clause (a) is given to such imprisonment for a term of fourteen years: Provided assists in the keeping or management of, a brothel person.]
that if the person in respect of whom an offence shall be punishable on first conviction with rigorous (3) Notwithstanding anything contained in any other committed under this sub-section,— imprisonment for a term of not less than one year and law for the time being in force, on conviction of any (i) is a child, the punishment provided under this sub- not more than three years and also with fine which person referred to in clause (a) or clause (b) of sub- section shall extend to rigorous imprisonment for a may extend to two thousand rupees and in the event section (2) of any offence under that sub-section term of not less than seven years but may extend to of a second or subsequent conviction, with rigorous in respect of any premises or any part thereof, any life; and imprisonment for a term of not less than two years lease or agreement under which such premises have (ii) is a minor, the punishment provided under this and not more than five years and also with fine which been leased out or are held or occupied at the time sub-section shall extend to rigorous imprisonment for may extend to two thousand rupees.
of the commission of the offence, shall become void a term of not less than seven years and not more than (2) Any person who— and inoperative with effect from the date of the said fourteen years;] [***] (a) being the tenant, lessee, occupier or person in conviction.
charge of any premises, uses, or knowingly allows any other person to use, such premises or any part thereof as a brothel, or (b) being the owner, lessor or landlord of any premises 12 Procuring, inducing or taking 1[person] for the sake of prostitution.— (1) Any person who— (3) An offence under this section shall be triable— (a) in the place from which a [person] is procured, induced to go, taken or caused to be taken or from which an attempt to procure or take such [person] is made; or 1[person] is procured, induced to go, taken or the agent of such owner, lessor or landlord, lets (a) procures or attempts to procure a [person], or caused to be taken or from which an attempt to the same or any part thereof with the knowledge whether with or without [his] consent, for the procure or take such 1[person] is made; or” that the same or any part thereof is intended to be purpose of prostitution; or 1[person], whether with or (b) in the place to which he may have gone as a result used as a brothel, or is wilfully a party to the use of without 2[his] consent, for the purpose of prostitution; of the inducement or to which he is taken or caused to such premises or any part thereof as a brothel, shall or” be taken or an attempt to take him is made.
be punishable on first conviction with imprisonment (b) induces a [person] to go from any place, with the for a term which may extend to two years and with intent that [he] may for the purpose of prostitution fine which may extend to two thousand rupees and in become the inmate of, or frequent, a brothel; or 13(1) Any [person], who carries on prostitution and the person with whom such prostitution is carried on, in the event of a second or subsequent conviction, with 1[person] to go from any place, with the intent that any premises,— rigorous imprisonment for a term which may extend to five years and also with fine.
3[he] may for the purpose of prostitution become the inmate of, or frequent, a brothel; or” (a) which are within the area or areas, notified under sub-section (3), or [(2A) For the purposes of sub-section (2), it shall be presumed until the contrary is proved, that any person (c) takes or attempts to take a [person], or causes a [person] to be taken, from one place to another with a (b) which are within a distance of two hundred metres of any place of public religious worship, educational 28 institution, hostel, hospital, nursing home or such may extend to one year: Provided that if an offence made under section 23 for a period not exceeding five other public place of any kind as may be notified in this committed under this sub-section is in respect of a years from the date of expiration of that sentence.
behalf by the Commissioner of Police or magistrate child or minor in a hotel, such licence shall also be (2) If such conviction is set aside on appeal or in the manner prescribed, shall be punishable with liable to be cancelled.

Explanation.—For the purposes otherwise, such order shall become void.

imprisonment for a term which may extend to three months.]
[(1A) Where an offence committed under of this sub-section, “hotel” shall have the meaning as in clause (6) of section 2 of the Hotel Receipts Tax Act, (3) An order under this section may also be made by an Appellate Court or by the High Court when sub-section (1) is in respect of a child or minor, the 1980 (54 of 1980).]

[(3) The State Government may, exercising its powers or revision.
person committing the offence shall be punishable having regard to the kinds of persons frequenting any (4) Any person charged with a breach of any rule with imprisonment of either description for a term area or areas in the State, the nature and the density referred to in sub-section (1) may be tried by a which shall not be less than seven years but which of population therein and other relevant considerations, Magistrate of competent jurisdiction in the district may be for life or for a term which may extend to ten by notification in the Official Gazette, direct that in which the place last notified as his residence is years and shall also be liable to fine: Provided that prostitution shall not be carried on in such area or the court may, for adequate and special reasons to areas as may be specified in the notification.
be mentioned in the judgment, impose a sentence of (4) Where a notification is issued under sub- situated.

15 (1) The State Government may in its discretion establish [as many protective homes and corrective imprisonment for a term of less than seven years.]
section (3) in respect of any area or areas, the State institutions under this Act as it thinks fit and such (2) Any person who— Government shall define the limits of such area or homes and institutions], when established, shall be (a) being the keeper of any public place knowingly areas in the notification with reasonable certainty.
maintained in such manner as may be prescribed.— permits prostitutes for purposes of their trade to resort (5) No such notification shall be issued so as to have (1) The State Government may in its discretion to or remain in such place; or effect from a date earlier than the expiry of a period of establish 4[as many protective homes and corrective (b) being the tenant, lessee, occupier or person in ninety days after the date on which it is issued.]
institutions under this Act as it thinks fit and such charge of any premises referred to in sub-section (1) knowingly permits the same or any part thereof to be used for prostitution; or 14 (1) When any person having been convicted— (a) by a court in India of an offence punishable under maintained in such manner as may be prescribed.” (2) No person or no authority other than the State homes and institutions], when established, shall be (c) being the owner, lessor or landlord, of any this Act or punishable under section 363, section 365, Government shall, after the commencement of this premises referred to in sub-section (1), or the agent section 366, section 366A, section 366B, section 367, Act, establish or maintain any [protective home or of such owner, lessor or landlord, lets the same or any part thereof with the knowledge that the same section 368, section 370, section 371, section 372 or section 373 of the Indian Penal Code (45 of 1860), with corrective institution] except under and in accordance with the conditions of a licence issued under this or any part thereof may be used for prostitution, or imprisonment for a term of two years or upwards; or section by the State Government.
is wilfully a party to such use, shall be punishable on (b) by a court or tribunal in any other country of an (3) The State Government may, on application made to first conviction with imprisonment for a term which offence which would, if committed in India, have been it in this behalf by a person or authority issue to such may extend to three months, or with fine which may punishable under this Act or under any of the aforesaid person or authority a licence in the prescribed form extend to two hundred rupees, or with both, and sections with imprisonment for a like term, is within for establishing and maintaining or as the case may in the event of a second or subsequent conviction a period of five years after release from prison, again be, for maintaining a [protective home or corrective with imprisonment for a term which may extend to convicted of any offence punishable under this Act or institution] and a licence so issued may contain such six months and also with fine 34 [which may extend under any of those sections with imprisonment for a conditions as the State Government may think fit to to two hundred rupees, and if the public place or term of two years or upwards by a court, such court impose in accordance with the rules made under this premises happen to be a hotel, the licence for carrying on the business of such hotel under any law for the may, if it thinks fit, at the time of passing the sentence of imprisonment on such person, also order that his Act: Provided that any such condition may require that the management of the 86 [protective home or time being in force shall also be liable to be suspended for a period of not less than three months but which residence, and any change of, or absence from such residence after release be notified according to rules corrective institution] shall, wherever practicable, be entrusted to women: Provided further that a person 29 or authority maintaining any protective home at the or corrective institution] has been revoked under the Magistrates, in such district or metropolitan commencement of this Act shall be allowed a period foregoing sub-section such protective home shall area.3[22A.
Power to establish special courts.—(1) If of six months from such commencement to make cease to function from the date of such revocation.
the State Government is satisfied that it is necessary an application for such licence: [Provided also that (9) Subject to any rules that may be made in this for the purpose of providing for speedy trial of a person or authority maintaining any corrective institution at the commencement of the Suppression behalf, the State Government may also vary or amend any licence issued or renewed under this Act.
offences under this Act in any district or metropolitan area, it may, by notification in the Official Gazette and of Immoral Traffic in Women and Girls (Amendment) [(9A) The State Government or an authority after consultation with the High Court, establish one or Act, 1978 (46 of 1978), shall be allowed a period of authorised by it in this behalf may, subject to any rules more Courts of Judicial Magistrates of the first class, six months from such commencement to make an that may be made in this behalf, transfer an inmate of or as the case may be, Metropolitan Magistrates, in application for such licence.]
a protective home to another protective home or to such district or metropolitan area.” (4) Before issuing a licence the State Government may a corrective institution or an inmate of a corrective (2) Unless otherwise directed by the High Court, a require such officer or authority as it may appoint for institution to another corrective institution or to a court established under sub-section (1) shall exercise this purpose, to make a full and complete investigation protective home, where such transfer is considered jurisdiction only in respect of cases under this Act.
in respect of the application received in this behalf desirable having regard to the conduct of the person to (3) Subject to the provisions of sub-section (2), the and report to it the result of such investigation and in be transferred, the kind of training to be imparted and jurisdiction and powers of the presiding officer of a making any such investigation the officer or authority other circumstances of the case: Provided that,— court established under sub-section (1) in any district shall follow such procedure as may be prescribed.
(a) no [person] who is transferred under this sub- or metropolitan area shall extend throughout the (5) A licence, unless sooner revoked, shall remain section shall be required to stay in the home or district or the metropolitan area, as the case may be.
in force for such period as may be specified in the institution to which [he] is transferred for a period (4) Subject to the foregoing provisions of this section a licence and may, on application made in this behalf at longer than 7[he] was required to stay in the home or court established under sub-section (1) in any district least thirty days before the date of its expiration, be institution from which [he] was transferred; or metropolitan area shall be deemed to be a court renewed for a like period.
(b) reasons shall be recorded for every order of established under sub-section (1) of section 11, or (6) No licence issued or renewed under this Act shall transfer under this sub-section.]

as the case may be, sub-section (1) of section 16, of be transferable.
(10) Whoever establishes or maintains a [protective the Code of Criminal Procedure, 1973 (2 of 1974), and (7) Where any person or authority to whom a home or corrective institution] except in accordance the provisions of the Code shall apply accordingly in licence has been granted under this Act or any agent with the provisions of this section, shall be punishable relation to such courts.
Explanation.—In this section, or servant of such person or authority commits a in the case of a first offence with fine which may “High Court” has the same meaning as in clause (e) of breach of any of the conditions thereof or any of extend to one thousand rupees and in the case of section 2 of the Code of Criminal Procedure, 1973 (2 of the provisions of this Act or of any of the rules made second or subsequent offence with imprisonment 1974).]
under this Act, or where the State Government for a term which may extend to one year or with fine is not satisfied with the condition, management which may extend to two thousand rupees, or with or superintendence of any 4[protective home or both.

17means any labour or service rendered under the bonded labour system.
corrective institution], the State Government may, without prejudice to any other penalty which may have been incurred under this Act, for reasons to 16 If the State Government is satisfied that it is necessary for the purpose of providing for speedy 18 means a labourer who incurs, or has, or is presumed to have, incurred, a bonded debt.
be recorded, revoke the licence by order in writing: trial of offences under this Act in any district or Provided that no such order shall be made until an opportunity is given to the holder of the licence to metropolitan area, it may, by notification in the Official Gazette and after consultation with the High Court, 19 (g) “bonded labour system” means the system of forced, or partly forced, labour under which a debtor show cause why the licence shall not be revoked.
(8) Where a licence in respect of a [protective home establish one or more Courts of Judicial Magistrates of the first class, or as the case may be, Metropolitan enters, or has, or is presumed to have, entered, into an agreement with the creditor to the effect that,-- (i) 30 in consideration of an advance obtained by him or by the right to appropriate or sell at market value any person to render any bonded labour or other form of any of his lineal ascendants or descendants (whether of his property or product of his labour or the labour or not such advance is evidenced by any document) of a member of his family or any person dependent and in consideration of the interest, if any, on such on him, and includes the system of forced, or partly forced labour.
21 Objective of the Scheme - To prevent trafficking of women and children for commercial sexual advance, or (ii) in pursuance of any customary or social obligation, or (iii) in pursuance of an obligation forced, labour under 3 which a surety for a debtor enters, or has, or is presumed to have, entered, into an exploitation through social mobilization and involvement of local communities, awareness devolving on him by succession, or (iv) for any agreement with the creditor to the effect that in the generation programmes, generate public discourse economic consideration received by him or by any of event of the failure of the debtor to repay the debt, through workshops/seminars and such events and any his lineal ascendants or descendants, or (v) by reason he would render the bonded labour on behalf of the other innovative activity.
To facilitate rescue of victims of his birth in any particular caste or community, he debtor; would-- (1) render, by himself or through any member of his family, or any person dependent on him, labour or service to the creditor, or for the benefit of the 20Abolition of bonded labour system.- (1) On the commencement of this Act, the bonded labour system from the place of their exploitation and place them in safe custody.
To provide rehabilitation services both immediate and long-term to the victims by providing basic amenities/needs such as shelter, food, clothing, creditor, for a specified period or for an unspecified shall stand abolished and every bonded labourer shall, medical treatment including counselling, legal aid period, either without wages or for nominal wages, on such commencement, stand freed and discharged and guidance and vocational training.
To facilitate or (2) forfeit the freedom of employment or other from any obligation to render any bonded labour.

reintegration of the victims into the family and society means of livelihood for a specified period or for an (2) After the commencement of this Act, no person at large.

To facilitate repatriation of cross-border unspecified period, or (3) forfeit the right to move shall-- (a) make any advance under, or in pursuance victims to their country of origin.
freely throughout the territory of India, or (4) forfeit of, the bonded labour system, or (b) compel any 31 32 33 Political and Public Life 34 Maharani Ahilya Bai Holkar Article 7: CONSTITUTION: States Parties shall take all appropriate measures to: Eliminate • discrimination against women in the political and public life of the country; Ensure to women, • on equal terms with men, the right to: a.

Vote in all elections and public referenda and to be eligible for election to all publicly elected bodies; b.
Participate in the formulation and implementation thereof of government policy and to hold public office and perform all public functions; c. Participate in 35 1.

A.

14: Equality before Law.

(Supra: Chapter 1) 2.

A.

15: No Discrimination.

(Supra: Chapter 1) 3.

A.

16: Equality of Opportunity in Public Employment.

(Supra: Chapter 1) 4.

A.


19: Guarantees to all citizens freedom of speech and expression; assemble peacefully; to form association; move freely; reside in any part of the country; to practice any profession.2 5.

A.

40: State to take steps to organise village panchayats3 and endow them with such powers and authority to enable them to function as units of self-government.4 6.

A.
A.

243D5: Reservation of seats- (1): In direct elections of Panchayat, seats to be reserved for Scheduled Castes (SC) and Scheduled Tribes (ST) in proportion to their population in that Panchayat.

(2): Out of these reserved seats, one-third shall be reserved for women belonging to Scheduled Castes and Scheduled Tribes.

(3): In direct elections of Panchayat, not less than one-third of the total number of seats shall be reserved for women.
(4): The office of the Chairperson in the Panchayat at the village or any other level to be reserved for the SC, the ST and women.

7.

A.

243T6: Reservation of seats- (1): In direct elections of every Municipality, seats to be reserved for Scheduled Castes (SC) and Scheduled Tribes (ST) in proportion to G1 (and R1): Poor representation of women the upper echelons of law-making, i.e., parliament and state legislative assembles.

(Supra: Chapter 1) [CEDAW A.


7(b)] G2: Ineligibility and consequent disqualification of women to contest elections on the grounds of lack of educational qualification deprives women for no fault of theirs.

[CEDAW A.

7(a) and A.


7(b)] (Ref: Rajbala V/s State of Haryana)11 R2: As per 2020, only around 66% of women are literate in India as compared to 82% of men.12 Considering the grass-root realities regarding the literacy of women, especially adult women, legislatures, need to be more sensitive in imposing disqualifying criteria on women to contest election for lack of educational qualification till particular level of literacy of women is achieved .
G3: Studies show that about 43% non - governmental organizations and associations concerned with the public and political life of the country.1 their population in that Municipality.

(2): Out of these reserved seats, one-third shall be reserved for women belonging to Scheduled Castes and Scheduled Tribes.

(3): In direct elections of every Municipality, not less than one-third of the total number of seats shall be reserved for women.
(4): The office of the Chairperson in the Municipality at the village or any other level to be reserved for the SC, the ST and women.

(5): ........ (6): ….... 8.

A.


326: Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage.7 LEGISLATIONS: The Representation of the People Act, 1951: The conduct of 1. elections of the Houses of Parliament and to the House or Houses of the Legislature of each State for all persons, without any kind of discrimination.

Every state, (except the ones mentioned in A.


243M) has • enacted State legislature providing for the reservation to women in the Panchayat in furtherance of A.

243D of the Constitution e.g., the Rajasthan Panchayati Raj Act, 1994.

• Every state, (except the ones mentioned in A.

243ZC) has enacted its own legislature providing for the reservation to women of women in politics found entry through their politically active families rather than their individual capabilities and efforts.
Gender stereotyping within families and in public life, lower literacy rate, lower financial autonomy, lower social status, lower exposure to public life etc.

pose immense challenges for women’s political participation.13 [CEDAW A.

7(b)] R3: The socio-cultural barriers that women negotiate within families and in public life need to be changed.
Awareness about the importance of equal participation of women in the developmentof the nation is required through educational institutions, religious, social and political leaders, civil society organisations, etc.

The Draft National Policy for the Empowerment of Women, 2016 needs to be finalised and implemented.
G4: There are only 4 female 36 Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women in the local bodies in furtherance of A.

243T of the Constitution e.g., the Delhi Municipal Corporation Act, 1957.

2.
2.

The Companies Act, 2013: Provision for Women Directors in Listed Companies and Public Companies (Supra: Chapter 1) 3.

National Commission for Women Act, 1990: To monitor implementation of laws relating to women (Supra: Chapter 1) 4.

Protection of Human Rights Act, 1993: Provides for the constitution of the National Human Rights Commission, India (NHRC) for the protection of human rights.

(Supra: Chapter 1) 5.


The Industrial Relations Code, 2020: Provides many safeguards for women including equal remuneration, maternity benefits and a workplace with the required facilities for women.

6.

Registration of Societies Act, 1860: Provides for registration of NGOs; treats women at par with men to be a member or office bearer of an NGO.
Foreign Contribution (Regulation) Act, 2010: Enables women 7. at par with men to raise funds from foreign sources for running NGOs working for the welfare of people including women’s empowerment and leadership.

POLICIES: 1.

Committee on the Status of Women in India (1971) (Supra: Chapter 1) 2.

National Policy for the Empowerment of Women, 2001 (Supra: Supreme Court Judges against the sanctioned strength of 34 (2021).

No female Chief Justice of India has been appointed to date.
There are only 80 women judges against sanctioned 1113 Judges in High Courts (7.2%) and only 17 designated female Senior Advocates against 703 (2.4%) men in the Supreme Court.

[CEDAW A.

7(b)] R4: Supreme Court should make effortsto increase the number of female judges and senior advocates.
G5: Statutory bodies established to protect and promote the rights of women are neither autonomous of the government, nor adequately resourced to enable them to participate actively in public life and to serve the purpose of their establishment.

[CEDAW A.
[CEDAW A.

7(b)] R5: There is a need for ensuring autonomy and adequate resourcing of the statutory 37 Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women Chapter 1) 3.

Report of High-Level Committee on Status of Women, 2015 (Supra: Chapter 1) 4.
Draft National Policy for Women, 2016 (Supra: Chapter 1) bodies established to protect and promote the rights of women in line with the Paris Principles relating to the National Human Rights Institutions.14 JUDGEMENTS: Rajbala v. the State of Haryana (2016) 1 SCC 463: The 1.
Supreme Court upheld the constitutional validity of the Haryana Panchayati Raj (Amendment) Act, which stipulates that individuals contesting panchayat elections must have at least passed Class 10 (Class 8 for women and Dalit candidates).

Javed v. State of Haryana AIR 2003 SC 3057: The Supreme 2.

Court upheld the constitutionality of a law that prohibits anyone with more than two living children from holding certain public offices in the Panchayati raj local government system of the state of Haryana.

3.
3.

C.B.

Muthamma v. UOI 1979 SCC (4) 260: The Supreme Court struck down the service rules of IFS officers stating that if a woman marries then the employer will have the right to terminate her services.
38 Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women 1Article 7 States Parties shall take all appropriate measures to the said sub-clause.

government.
(4) Nothing in sub-clause (c) of the said clause shall eliminate discrimination against women in the political affect the operation of any existing law in so far as and public life of the country and, in particular, shall it imposes, or prevent the State from making any ensure to women, on equal terms with men, the right: (a)To vote in all elections and public referenda and to law imposing, in the interests of the sovereignty and integrity of India or public order or morality, 5Article 243D: Reservation of seats- (1) Seats shall be reserved for— (a) the Scheduled Castes; and (b) the Scheduled Tribes, be eligible for election to all publicly elected bodies; reasonable restrictions on the exercise of the right in every Panchayat and the number of seats so (b) To participate in the formulation of government conferred by the said sub-clause.
reserved shall bear, as nearly as may be, the same policy and the implementation thereof and to hold (5) Nothing in [sub-clauses (d) and (e)] of the said proportion to the total number of seats to be filled public office and perform all public functions at all clause shall affect the operation of any existing law in by direct election in that Panchayat as the population levels of government; so far as it imposes, or prevent the State from making of the Scheduled Castes in that Panchayat area or of (c) To participate in non-governmental organizations any law imposing, reasonable restrictions on the the Scheduled Tribes in that Panchayat area bears to and associations concerned with the public and exercise of any of the rights conferred by the said sub- the total population of that area and such seats may political life of the country.
clauses either in the interests of the general public or be allotted by rotation to different constituencies in a for the protection of the interests of any Scheduled Panchayat.

2Article 19 Protection of certain rights regarding freedom of Tribe.
(2) Not less than one-third of the total number of seats (6) Nothing in sub-clause (g) of the said clause shall reserved under clause (1) shall be reserved for women speech, etc.—(1) All citizens shall have the right— (a) affect the operation of any existing law in so far as belonging to the Scheduled Castes or, as the case may to freedom of speech and expression; (b) to assemble it imposes, or prevent the State from making any be, the Scheduled Tribes.
peaceably and without arms; (c) to form associations law imposing, in the interests of the general public, (3) Not less than one-third (including the number of or unions [or co-operative societies]; (d) to move reasonable restrictions on the exercise of the right seats reserved for women belonging to the Scheduled freely throughout the territory of India; (e) to reside conferred by the said sub-clause, and, in particular, Castes and the Scheduled Tribes) of the total number and settle in any part of the territory of India; [and] * * [nothing in the said sub-clause shall affect the of seats to be filled by direct election in every * * * (g) to practise any profession, or to carry on any operation of any existing law in so far as it relates to, or Panchayat shall be reserved for women and such seats occupation, trade or business.
prevent the State from making any law relating to,— may be allotted by rotation to different constituencies [(2) Nothing in sub-clause (a) of clause (1) shall affect (i) the professional or technical qualifications in a Panchayat.
the operation of any existing law, or prevent the State necessary for practising any profession or carrying on (4) The offices of the Chairpersons in the Panchayats from making any law, in so far as such law imposes any occupation, trade or business, or at the village or any other level shall be reserved for reasonable restrictions on the exercise of the right (ii) the carrying on by the State, or by a corporation the Scheduled Castes, the Scheduled Tribes and conferred by the said sub-clause in the interests of owned or controlled by the State, of any trade, women in such manner as the Legislature of a State [the sovereignty and integrity of India,] the security of business, industry or service, whether to the exclusion, may, by law, provide: the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.]
(3) Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of [the sovereignty complete or partial, of citizens or otherwise].

3 Panchayat is an institution of self-government constituted under A.243D for rural areas.
4Article 40: Organisation of village panchayats.—The State shall take steps to organise village panchayats and endow Provided that the number of offices of Chairpersons reserved for the Scheduled Castes and the Scheduled Tribes in the Panchayats at each level in any State shall bear, as nearly as may be, the same proportion to the total number of such offices in the Panchayats at each level as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State bears to and integrity of India or] public order, reasonable restrictions on the exercise of the right conferred by them with such powers and authority as may be necessary to enable them to function as units of self- the total population of the State: Provided further that not less than one-third of the 39 total number of offices of Chairpersons in the 97 Legislature of a State may, by law, provide.
Panchayats at each level shall be reserved for women: (5) The reservation of seats under clauses (1) and (2) Provided also that the number of offices reserved and the reservation of offices of Chairpersons (other under this clause shall be allotted by rotation to than the reservation for women) under clause (4) shall different Panchayats at each level.
(5) The reservation of seats under clauses (1) and (2) cease to have effect on the expiration of the period specified in article 334. and the reservation of offices of Chairpersons (other (6) Nothing in this Part shall prevent the Legislature of than the reservation for women) under clause (4) shall a State from making any provision for reservation of cease to have effect on the expiration of the period seats in any Municipality or offices of Chairpersons specified in article 334. in the Municipalities in favour of backward class of (6) Nothing in this Part shall prevent the Legislature of citizens.
a State from making any provision for reservation of seats in any Panchayat or offices of Chairpersons in the Panchayats at any level in favour of backward class 7 Article 326: Elections to the House of the People and to the Legislative Assemblies of States to be on the of citizens.
basis of adult suffrage.— 6 Article 243T: Reservation of seats- (1) Seats shall be reserved for the Scheduled Castes The elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage; that is to say, every person and the Scheduled Tribes in every Municipality and who is a citizen of India and who is not less than the number of seats so reserved shall bear, as nearly 2 [eighteen years] of age on such date as may be as may be, the same proportion to the total number of fixed in that behalf by or under any law made by seats to be filled by direct election in that Municipality the appropriate Legislature and is not otherwise as the population of the Scheduled Castes in the disqualified under this Constitution or any law made Municipal area or of the Scheduled Tribes in the by the appropriate Legislature on the ground of non- Municipal area bears to the total population of that residence, unsoundness of mind, crime or corrupt or area and such seats may be allotted by rotation to illegal practice, shall be entitled to be registered as a different constituencies in a Municipality.
(2) Not less than one-third of the total number of seats reserved under clause (1) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.
102 (3) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Municipality shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Municipality.
(4) The offices of Chairpersons in the Municipalities shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the voter at any such election.

8 https://wcd.nic.in/documents/hlc-status-women 9Javed v. State of Haryana AIR 2003 SC 3057 10 United Nations Document on International Day for the Elimination of Violence Against Women, 25 November, 2020.

11 Rajbala v. State of Haryana (2016) 1 SCC 463 12 Global Gender Gap Report, 2020 by World Economic Forum.
13 The Politics of Access: Narratives of Women MPs in the Indian Parliament- Shirin M. Rai, University of Warwick, Political Studies, 2021- Vol 60, p.195-212 14 General Assembly resolution 48/134 of 20 December 1993 40 Education and Employment 41 Article 8: CONSTITUTION: International Representation 1.
A.14: Right to Equality before law4 (Supra: Chapter 1) States Parties shall take all appropriate measures to ensure to women, on equal terms with men and without any discrimination, the opportunity to represent their Governments at the international level and to participate in the work of international organizations.1 Article 102: Education The States Parties shall take all appropriate measures to eliminate discrimination against women in order to ensure to them equal rights with men in the field of education and in particular (a) The same conditions for career and vocational guidance, equal rights and opportunities in education of 42 2.
A.

15: Non-Discrimination5 (Supra: Chapter 1) 3.

A.

15 (3): Special provisions for women and children.

(Supra: Chapter 1) 4.

A.

16: Equality of opportunity in matters of public employment.6 (Supra: Chapter 1) 5.

A.21: Protection of life and personal liberty.—No person to be deprived of his life or personal liberty except according to procedure established by law.7 6.

A.

29: Protection of Interest of minorities8 1.

… 2.


No citizen to be denied admission into any educational institution maintained by the State on grounds only of religion, race, caste, language or any of them.

7.

A.30: Right of minorities to establish and administer educational institutions.9 8.

A.
A.

39: Certain principles of policy to be followed by the State:10 (a) the citizens, men and women equally, have the right to an adequate means of livelihood; (b) the ownership and control of the material resources of the community to best subserve the common good; (c) ... G1: Despite parity in primary school enrolment, the drop-out rate and gender gap for girl’s education is higher, especially in rural areas.

[CEDAW A.
[CEDAW A.

10(e) and (f)] R1: Infrastructure in schools, especially rural areas should be improved including provision of separate toilets for boys and girls.

Menstrual hygiene should also be ensured in the schools to encourage enrolment and retention of girl (adolescent) students in schools especially in rural areas.
G2: There is lower proportion of girls/ women students in technical education/ professional programmes especially where the cost Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women all categories including pre- school, general, technical, professional and higher technical education in rural as well as urban areas; b) Access to same curricula, the same examinations ; (c) Elimination of stereotyped concepts of the roles of men and women at all levels of education; (d) The same opportunities to benefit from scholarships and study grants; (e) The same opportunities for access to programmes of continuing education especially aimed at reducing gender gap in education; (f) Reduction in female student drop-out rates; (g) The same opportunities to participate actively in sports and physical 43 (d) equal pay for equal work for both men and women; (e) the health and strength of workers, men and women, are not forced by economic necessity to enter avocations.
9.

A.

42: The State shall make provisions for securing just and humane conditions of work and for maternity relief.11 LEGISLATIONS: Right of Children to Free and Compulsory Education Act (RTE), 1.
2009: a) S. 3: Government to provide free and compulsory elementary education from age group of 6-14 years to each child including textbooks, uniforms, stationery items and special educational material for children with disabilities in order to reduce the burden of school expenses as stated under Rule 4.12 b) S. 17: Prohibits all kinds of physical punishment and mental harassment.13 2.
The National Commission for Women Act, 1990: a) S.10(h): undertake promotional and educational research so as to suggest ways of ensuring due representation of women in all spheres.14 3.

Inter-State Migrant Workmen Act (ISMWA), 1979: a) S. 13: Provides that two workmen doing the same or similar kind of education is higher.

[CEDAW A.
[CEDAW A.

10(a) and (d)] R2: Higher enrolment of girls/ women in technical education/ professional programmes can be ensured by taking affirmative actions including scholarships to the girls/women students.

G3: Schemes related to education of girls sometimes have clauses which indirectly uphold or foster patriarchy.

Schemes linking with age/marriage promote a role expectation for girls with regard to marriage.

(Sukanya Samriddhi Yojana) [CEDAW A.
10] R3: The welfare schemes should be gender neutral and there should not be any conditional clause regarding marriage of the Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women education; (h) Access to educational information to ensure the well-being of families, including information and advice on family planning.
Article 113 : Employment: 1.
The States parties shall take all measures to eliminate discrimination and ensure equality of men and women in the field of employment in particular: (a) the right to work is an inalienable right of all human beings; (b) the right to the same employment opportunities; (c) the right to free choice of profession and employment; equal right to promotion and job security and the right to 44 of work in an establishment the wage rates, holidays, hours of work and other conditions of service need to be the same.15 b) S.16: Provides that the contractor has to provide certain facilities to workmen like equal pay for equal work irrespective of sex.16 4.
Equal Remuneration Act (ERA), 1976 : a) S. 4: Provides for equal pay for equal work.17 (Supra: Chapter 1) 5.

The Plantations Labour Act, 1951: a) S. 12: Provides for the facility of a crèche in every plantation with fifty women workers or more.18 b) S. 15: Every employer under this Act has to provide suitable accommodation to workers and their family.19 c) S. 32: Provides for maternity benefits like allowance.20 6.
Mahatma Gandhi National Rural Employment Guarantee Act (2005) (MGNREGA) It guarantees livelihood security in rural areas by giving 100 days • of wage employment on demand to every household.

While the nodal Ministry concerning the MGNREGA is the Ministry of Rural Development, however, the ground level execution of the Scheme is undertaken by the Gram Panchayats.
This law is particularly important for women workers as • it reserves at least one-third of workdays for women; creating opportunities for unskilled manual labour; mandating that work be provided locally, and stipulating the provision of on-site child care for girls.

G4: Despite there being laws ensuring labour welfare and social security to workers, a large number of workers remain outside the purview of these laws which mainly cover the workers in the organised sector.
Nearly 94% of the women workers are in the unorganised sector like brick kilns, construction and agricultural work, as such they do not get benefit of these laws.

[CEDAW A.
11(1)(d) & (e)] R4: The labour welfare and social security including payment of equal wages to workers should be ensured and measures should be taken to include the unorganised sector in legislations Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women receive vocational training; children under 6 years of age.
(d) the right to equal remuneration, benefits and equal treatment in respect of work; (e) the right to social security, including with respect to retirement, unemployment, etc.

as well as paid leave; (f) the right to protection of health and safety in working conditions, including the safeguarding of the function of reproduction.

2.
2.

States Parties shall prevent discrimination against women on the grounds of marriage or maternity and take appropriate measures to: (a) prohibit, subject to the imposition of sanctions, dismissal on the grounds of pregnancy, maternity leave or marital status; 45 7.

Unorganised Workers Social Security Act (UWSSA), 2008: S. 3: Provides that the Central Government may notify social welfare schemes when deemed fit on subjects including health and maternity benefits.21 8.
The Building and other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996: a) S. 22: Provides for the constitution of State Welfare Boards.

Further, S.22 (g) provides Boards to make payment of maternity benefits to the female beneficiaries.22 b) S. 35: Provides for crèche where more than fifty female workers are employed.23 9.

The Companies Act, 2013: Provides for compulsory women independent directors under S. 149(1).24 (Supra: Chapter 1) 10.
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act (POSH), 2013: The Act prohibits sexual harassment of women at the workplace and gives an inclusive list of circumstances that can be classified as sexual harassment at the workplace.25 11.
Maternity Benefit Act (MBA), 1961 and Maternity Benefit (Amendment) Act, 201726 (Supra: Chapter 1) a) S. 5: Prescribes different maternity benefits to working women in an organised sector including paid leave.27 with special emphasis on women workers in unorganised sector.

G5: There is no employment guarantee scheme like MGNREGA (which ensures 33% reservation for women) in urban areas of India.

[CEDAW A.
[CEDAW A.

11(1)(a) & (b)] R5: There should be an employment guarantee scheme/Act in the urban areas making reservation for women on the lines of MGNREGA.

G6: S.5 and S.6 of the UWSSA does not explicitly provide for representation of women in the Social Security Board at national as well as state level.

[CEDAW A.
11] R6: Make specific Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women (b) introduce maternity leave with pay or comparable social benefits; (c) encourage provision of social support services to enable parents to combine family obligations with work responsibilities, particularly by establishment of child- care facilities; (d) provide special protection to women during pregnancy in types of work harmful to them; 3.
Protective legislation relating to matters covered in this article shall be reviewed periodically in the light of scientific and technological knowledge.

46 b) S. 9: Provides for paid leave in case of miscarriage.28 c) S. 12: Provides discharge/dismissal of a woman absent from work due to her pregnancy is unlawful, provided due procedures have been followed.29 RULES AND REGULATIONS: 1.
UGC Regulation on Curbing the Menace of Ragging in Higher Educational Institutions, 2009: a) Clause 3: Defines what constitutes ‘Ragging’.

Includes sexual abuse and homosexual assaults.30 b) Clause 7: Provides the nature of offences that are penalised under the regulations.31 POLICIES, SCHEMES AND PROGRAMMES: 1.
National Policy on Education, 1986: The National Policy on Education, 1986, aimed at ensuring a national system of education which implies that up to a given level, all students irrespective of the caste, creed, sex and location, have access to the education of a comparable quality.32 2.

National Education Policy, 2021 aims to bring transformational reforms in schools and higher education systems including universalisation of education .
a) Chapter 4 - provision for women as a member in the boards at both national as well as state levels.

G7: Over 90% of women are in the informal economy where regulatory frameworks are mostly absent as such POSH Act is poorly implemented, including setting up of Local Committees, etc.

[CEDAW A.11(1)(f)] R7: Local Committees should be set up and POSH Act should also be included in the Labour Codes.
G8: The domestic workers remain outside the purview of all the statutory labour enactments ensuring social security.

[CEDAW A.
11(1)(e)] Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women • Clause 4.23: Gender sensitivity including certain other subjects and skills should be learned by all students.33 • Clause 4.28: Ethical and Constitutional values including gender sensitivity to be taught from a young age.34 b) Chapter 6 is on “Equitable and Inclusive Education: Learning for All”.
This part specifically mentions gender gap in education and the constant decline in admission of women and transgender persons from Grade 1 to Grade 12.
• Clause 6.8 envisages setting up of a Gender Inclusion Fund to build the nation’s capacity to provide equitable quality education for all girls as well as transgender students and Special Education Zones for disadvantaged regions, and groups.35 • Clause 6.14 envisages training of teachers with an element of gender sensitisation.36 • Clause 6.20 focuses on an inclusive curriculum with human rights and gender equality at its centre.37 c) Chapter 14 is titled “Equity and Inclusion in Higher Education” and clause 14.4.1 under it mentions specific steps to be taken by both State and Central Governments to ensure equality and inclusion in higher education institutions.
This includes enhancing gender balance in admissions.

38 3.

Mahila E- haat: Launched in 2016 by the Ministry of Women and Child Development is an online marketing platform that leverages technology to help aspiring women entrepreneurs, self-help groups, and NGOs to showcase their products and services.

R8: The domestic workers should be included in the statutory labour enactments.
G9: The Female Labour Force Participation Rate, i.e., the share of working women (who report either being employed or being available for work) has fallen to a historic low of 23.3% in 2017- 18.

There is also a fall in work participation rates among rural women by 7 percentage points from 24.8% to 17.5%.
(PLFS data for 2017-18) [CEDAW A.11(2)] R9: The State should encourage women participation in workforce by taking affirmative actions like demystifying gender stereotypes, ensuring enabling and inclusive environment like 47 Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women 4.
Swadhar Greh: Launched by Ministry of Women and Child Development in the year 2015 Supports the women victims, in need of institutional support for rehabilitation.

It envisages providing shelter, food, clothing and health as well as economic and social security for these women.

5.

The Support to Training & Employment Programme for Women (STEP): Launched as a ‘Central Sector Scheme’ in 1986-87 and administered by the Ministry of Women and Child Development.
Provides skills to women (above the age of 16) to help take up gainful employment through training programmes.

6.

Mahila Shakti Kendras: Started in 2017 under the Ministry of Women and Child Development to empower rural women with opportunities for skill development, employment, digital literacy, health and nutrition.

7.
7.

Working Women Hostel Scheme: The Government of India being concerned about the difficulties faced by such working women, introduced a scheme in 1972-73 of grant-in- aid for construction of new/expansion of existing buildings for providing hostel facilities to working women in cities, smaller towns and also in rural areas where employment opportunities for women exist 8.
Childcare leave (CCL): is granted to government women employees and single fathers for a maximum period of two years (730 days) during their entire service for taking care of their minor children (up to eighteen years of age).

social support services and maternity benefits.

Female labour force participation be improved by providing reservation to women, wherever required.

G10: Inadequate number of working women’s hostels disables women from joining workplaces.
[CEDAW A.11] R10: Adequate number of hostels should be made for working women which would encourage women to join workplaces.

G11: Women workers are recruited as part of a pair or family units, especially in brick kiln and sugarcane industries.
The practice of paying wages to the head of the family at piece rates, without ensuring any independent 48 Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women 9.
Nai Roshni Scheme: Launched by Ministry of Minority Affairs in 2012, the scheme is targeted to cover women belonging to all minorities notified under Section 2 (c) of the National Commission for Minorities Act 1992 for empowering women.

10.

Beti Bachao Beti Padhao: Launched in 2015 to make girls socially and financially self-reliant through education.

It was unleashed with an objective of addressing the declining Child Sex Ratio (CSR) and other issues related to the women empowerment.
This is a joint initiative of Ministry of Women and Child Development, Ministry of Health and Family Welfare and Ministry of Education.

11.

Sukanya Samriddhi Yojana: A saving scheme launched in 2015 as part of the Government initiative Beti Bachao, Beti Padhao campaign, in which accounts can be opened in post offices and designated banks in the name of the baby girl for the purpose of education and marriage.

12.

Kishori Shakti Yojana: Launched in 2007 by the Ministry of Women and Child Development.
It seeks to empower adolescent girls, so as to enable them to take charge of their lives.

It seeks to provide them with an opportunity to realize their full potential.

13.

CBSE Merit Scholarship Scheme for Single Girl Child: The objective of CBSE merit scholarship scheme is to provide scholarships to the meritorious Single Girl child Students.

14.
14.

Post Graduate Indira Gandhi Scholarship for Single Girl Child: In order to achieve and promote girls education, UGC introduced a post wage for the women who participate in the labour of production, remains unchecked despite legal provisions.

[CEDAW A.

11(1)(d)] R11: The practice of employing a couple as one unit and payment of wage to the couple as one unit should be declared unlawful.
G12: Family obligations including childcare responsibilities are exclusively discharged by the mothers, as the childcare leave are available only to women employees.

[CEDAW A.
11(2)(c)] R12: Childcare leave facilities should be shared by both the parents so that both men and women are able to carry out 49 Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women graduate scholarship with an aim to compensate direct costs of girl education to all levels especially for such girls who happen to be a single girl child in their family.
15.

National Scheme of Incentives to Girls for Secondary Education: The centrally sponsored scheme was launched in May 2008 under the Ministry of Education, to give incentive to girls students.

The objective of the scheme is to establish an enabling environment to promote enrolment and reduce drop out of girls belonging to SC/ST communities in secondary schools and ensure their retention up to the 18 years of age.

16.
16.

Ladli Scheme: Affected by how the girl child is treated in the society, the Government of Haryana came up with the Ladli scheme to bring changes in the attitude of people towards girl children, while eliminating cases of female foeticide.

The scheme offers Rs.

5,000 per year for a time period of 5 years as financial incentive to all the residential parents of Haryana.

17.
17.

Sabla: The Rajiv Gandhi Scheme for Empowerment of Adolescent Girls (RGSEAG) Sabla is a centrally sponsored program of Government of India initiated on April 1, 2011 under Ministry of Women and Child Development.

18.

Kasturba Gandhi Balika Vidyalaya Scheme for Girls Education: It is a scheme launched in July 2004, for setting up residential schools at upper primary level for girls belonging predominantly to the SC, ST, OBC and minority communities.
The scheme is being implemented in educationally backward blocks of the country where the female rural family obligations with work responsibilities.

G13: It is a prevalent practice in private sector organisations to terminate pregnant women to avoid giving maternity benefits to them.

[CEDAW A.

11(2) (a)&(b)] R13: Maternity Benefit Act should be uniformly and effectively implemented in both public and private sectors.
G14: Given the socio- cultural realities of India, only a few women get a chance to represent India at international levels or to work for international organisations.
The women representing the State at international level, including in delegations, postings, assignments, committees, 50 Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women literacy is below the national average and gender gap in literacy is above the national average.

19.
19.

Scheme of Strengthening Education among Scheduled Tribe (ST) Girls in Low Literacy Districts: Launched by Ministry of Tribal Affairs in 2008, the scheme aims to bridge the gap in literacy levels between the general female population and tribal women.
The scheme facilitates 100% enrolment of tribal girls in the identified Districts or Blocks, more particularly in Naxal affected areas and in areas inhabited by Primitive Tribal Groups (PTGs), and reducing drop-outs at the elementary level by creating the required ambience for education.

20.

Saakshar Bharat: A centrally sponsored scheme of the Department of School Education and Literacy, Ministry of Human Resource Development (MHRD), in September 2009.
It aims to further promote and strengthen Adult Education, especially of women, by extending educational options to those adults who have lost the opportunity of access to formal education 21.

The National Mission for Empowerment of Women: was launched by the Government of India in 2010 with the aim to strengthen overall processes that promote all-round development of women.

Users can find detailed information about the welfare schemes and programmes, mission team, research studies etc.
Details of activities related to poverty alleviation, economic empowerment of women, health nutrition, gender rights etc.

are also available.

REPORT: commissions, multi- lateral agencies is also very low.

[CEDAW A.

8] R14: State should take affirmative actions to ensure adequate representation of women at international level including participation in the work of international organizations.
G15: India is a party to several International Human Rights Treaties, however, nomination of women by the State to the monitoring bodies under various Human Rights Treaties and special mechanisms remains negligible.

In almost 30 years, India has fielded only one woman as a member of the CEDAW Committee.
[CEDAW A.8] 51 Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women 1.

COMMITTEE ON SUBORDINATE LEGISLATION (2017-2018) TWENTY-EIGHTH REPORT: The Indian Foreign Service (Recruitment, Cadre, Seniority and Promotion) Rules, 1961 framed under Article 309 of the Constitution JUDGEMENTS : 1.
C. B. Muthamma v. Union of India and others (1979): Supreme Court set aside the Government regulation which mandated a women officer working in the Ministry of External Affairs to seek permission of the government before getting married.

(Supra: Chapter 1) 2.


Padmaraj Samarendra v. State of Bihar AIR 1979 Pat 266: The Patna High Court upheld the allotment of seats for girl students in Medical Colleges stating that the requirement in the State for a large number of lady doctors and the mental aptitude and psychological background of lady patients for treatment of gynaecological diseases and obstetric services by lady doctors.

3.
3.

Rajesh Kumar Gupta v. State of U. P. AIR 2005 SC 2540: The Supreme Court justified the reservation of 50% of seats for female candidates also for the selection for special Basic Teachers Certificate (BTC) training course as a large numbers of young girls below the age of 10 years were taught in primary schools and it would be preferable that such young girls are taught by women.

4.
4.

Vishakha v. State of Rajasthan AIR 1997 SC 3011 - SC addressed the issue of sexual harassment at workplace and held that right to work includes right to work with dignity.

R15: The State should endeavour to increase nomination of women to the monitoring bodies under various Human Rights Treaties and special mechanisms, including the CEDAW Committee.
G16: The Draft National Policy for Women, 2016, refers to collaboration with universities at the international level and towards realization of Constitutional and International commitments to gender equality and social justice.

However, the Policy does not specify any overt action to be taken for realization of the international commitments including that of CEDAW.

[CEDAW A.
[CEDAW A.

8] 52 Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women R16: The National Policy for Women, should specifically lay down a road map for addressing international commitments including Article 8 of CEDAW, i.e.

representation of women at international level.

5.
5.

The Secretary, Ministry of Defence v. Babita Puniya MANU/ SC/0194/2020: The Supreme Court allowed Female Army Officers to have equal entitlement as Male Army Officers, in terms of exercising the option to avail a Permanent Commission in the Army.

(Supra: Chapter 1) 6.


Air India v. Nergesh Meerza AIR 1981 SC 1829: The Supreme Court struck down the provision in Air India and Indian Airlines Regulations stipulating retirement of the air hostess on her first pregnancy, as unconstitutional, void and violative of Article 14.

7.
7.

Municipal Corporation of Delhi v. Female Workers (Muster Roll) AIR 2000 SC 1274: The Supreme Court held that the benefits under the Maternity Benefits Act, 1961, should be extended to employees of the Municipal Corporation who are casual workers or workers employed on daily wage basis.

8.

Charu Khurana v. Union of India (2015) 1 SCC 192: The Supreme Court struck down as ultra vires the bye-laws prohibiting women to work as makeup artists on the ground of being violative of fundamental rights.
(Supra: Chapter 1) 9.

Government of A.P.

v. P.B.

Vijayakumar AIR 1995 SC.

1648: The Supreme Court upheld a service rule that preferred women in recruitment to public employment to the extent of 30% of posts stating that making special provision for women in respect of employments or posts under the State is an integral part of Article 15(3) of the Constitution of India.
53 Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women 1Article 8: States Parties shall take all appropriate measures (f) The reduction of female student drop-out rates and (a) To prohibit, subject to the imposition of sanctions, the organization of programmes for girls and who have dismissal on the grounds of pregnancy or of maternity to ensure to women, on equal terms with men left school prematurely; leave and discrimination in dismissals on the basis of and without any discrimination, the opportunity to (g) The same Opportunities to participate actively in marital status; represent their Governments at the international level and to participate in the work of international sports and physical education; (h) Access to specific educational information to (b) To introduce maternity leave with pay or with comparable social benefits without loss of former organizations.
help to ensure the health and well-being of families, employment, seniority or social allowances; 2Article 10: States Parties shall take all appropriate measures to eliminate discrimination against women in order to including information and advice on family planning.

(c) To encourage the provision of the necessary supporting social services to enable parents to 3Article 11: 1.
States Parties shall take all appropriate measures to combine family obligations with work responsibilities and participation in public life, in particular through ensure to them equal rights with men in the field of eliminate discrimination against women in the field of promoting the establishment and development of a education and in particular to ensure, on a basis of employment in order to ensure, on a basis of equality network of child-care facilities; equality of men and women: of men and women, the same rights, in particular: (d) To provide special protection to women during (a) The same conditions for career and (a) The right to work as an inalienable right of all pregnancy in types of work proved to be harmful to vocational guidance, for access to studies and human beings; them.
for the achievement of diplomas in educational (b) The right to the same employment opportunities, 3.
Protective legislation relating to matters covered in establishments of all categories in rural as well as in including the application of the same criteria for this article shall be reviewed periodically in the light of urban areas; this equality shall be ensured in pre- selection in matters of employment; scientific and technological knowledge and shall be school, general, technical, professional and higher (c) The right to free choice of profession and revised, repealed or extended as necessary.
technical education, as well as in all types of vocational employment, the right to promotion, job security and training; all benefits and conditions of service and the right to (b) Access to the same curricula, the same receive vocational training and retraining, including 4Article 14.
Equality before law.—The State shall not deny to any person equality before the law or the examinations, teaching staff with qualifications of the apprenticeships, advanced vocational training and equal protection of the laws within the territory of same standard and school premises and equipment of recurrent training; India.
the same quality; (d) The right to equal remuneration, including benefits, (c) The elimination of any stereotyped concept of the and to equal treatment in respect of work of equal roles of men and women at all levels and in all forms value, as well as equality of treatment in the evaluation of education by encouraging coeducation and other of the quality of work; 5Article 15.
Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.—(1) The State shall not discriminate against any citizen on types of education which will help to achieve this aim (e) The right to social security, particularly in cases of grounds only of religion, race, caste, sex, place of birth and, in particular, by the revision of textbooks and retirement, unemployment, sickness, invalidity and old or any of them.
school programmes and the adaptation of teaching age and other incapacity to work, as well as the right (2) No citizen shall, on grounds only of religion, race, methods; to paid leave; caste, sex, place of birth or any of them, be subject (d ) The same opportunities to benefit from (f) The right to protection of health and to safety in to any disability, liability, restriction or condition with scholarships and other study grants; working conditions, including the safeguarding of the regard to— (a) access to shops, public restaurants, (e) The same opportunities for access to programmes function of reproduction.
hotels and places of public entertainment; or (b) the of continuing education, including adult and functional literacy programmes, particularly those aimed at 2.
In order to prevent discrimination against women on the grounds of marriage or maternity and to ensure use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State reducing, at the earliest possible time, any gap in education existing between men and women; their effective right to work, States Parties shall take appropriate measures: funds or dedicated to the use of the general public.
(3) Nothing in this article shall prevent the State from 54 making any special provision for women and children.

employment: (1) There shall be equality of opportunity (5) Nothing in this article shall affect the operation (4) Nothing in this article or in clause (2) of article for all citizens in matters relating to employment or of any law which provides that the incumbent of an 29 shall prevent the State from making any special appointment to any office under the State.
office in connection with the affairs of any religious provision for the advancement of any socially and (2) No citizen shall, on grounds only of religion, race, or denominational institution or any member of the educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.
caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in governing body thereof shall be a person professing a particular religion or belonging to a particular (5) Nothing in this article or in sub-clause (g) of clause respect of, any employment or office under the State.

denomination.
(1) of article 19 shall prevent the State from making (3) Nothing in this article shall prevent Parliament [(6) Nothing in this article shall prevent the State any special provision, by law, for the advancement of from making any law prescribing, in regard to a from making any provision for the reservation of any socially and educationally backward classes of class or classes of employment or appointment to appointments or posts in favour of any economically citizens or for the Scheduled Castes or the Scheduled an office[under the Government of, or any local or weaker sections of citizens other than the classes Tribes in so far as such special provisions relate to their other authority within, a State or Union territory, any mentioned in clause (4), in addition to the existing admission to educational institutions including private requirement as to residence within that State or Union reservation and subject to a maximum of ten percent educational institutions, whether aided or unaided territory] prior to such employment or appointment.
of the posts in each category.]

by the State, other than the minority educational (4) Nothing in this article shall prevent the State institutions referred to in clause (1) of article 30. from making any provision for the reservation of (6) Nothing in this article or sub-clause (g) of clause (1) appointments or posts in favour of any backward 7Article 21.
Protection of life and personal liberty.—No person shall be deprived of his life or personal liberty of article 19 or clause (2) of article 29 shall prevent the class of citizens which, in the opinion of the State, is except according to procedure established by law.

State from making,— not adequately represented in the services under the (a) any special provision for the advancement of any State.
economically weaker sections of citizens other than [(4A) Nothing in this article shall prevent the State 8Article 29.
Protection of interests of minorities.— (1) Any section of the citizens residing in the territory the classes mentioned in clauses (4) and (5); and from making any provision for reservation[in matters of India or any part thereof having a distinct language, (b) any special provision for the advancement of any of promotion, with consequential seniority, to any script or culture of its own shall have the right to economically weaker sections of citizens other than class] or classes of posts in the services under the conserve the same.
the classes mentioned in clauses (4) and (5) in so far State in favour of the Scheduled Castes and the (2) No citizen shall be denied admission into any as such special provisions relate to their admission to Scheduled Tribes which, in the opinion of the State, educational institution maintained by the State or educational institutions including private educational are not adequately represented in the services under receiving aid out of State funds on grounds only of institutions, whether aided or unaided by the State, the State.]
religion, race, caste, language or any of them.

other than the minority educational institutions [(4B) Nothing in this article shall prevent the State referred to in clause (1) of article 30, which in the from considering any unfilled vacancies of a year case of reservation would be in addition to the existing which are reserved for being filled up in that year in 9Article 30.
Right of minorities to establish and administer educational institutions.—(1) All minorities, reservations and subject to a maximum of ten per accordance with any provision for reservation made whether based on religion or language, shall have cent.

of the total seats in each category.


under clause (4) or clause (4A) as a separate class the right to establish and administer educational Explanation.— For the purposes of this article and of vacancies to be filled up in any succeeding year institutions of their choice.
article 16, “economically weaker sections” shall be or years and such class of vacancies shall not be 1[(1A) In making any law providing for the compulsory such as may be notified by the State from time to time considered together with the vacancies of the year acquisition of any property of an educational on the basis of family income and other indicators of economic disadvantage.

in which they are being filled up for determining the ceiling of fifty per cent.
reservation on total number of institution established and administered by a minority, referred to in clause (1), the State shall ensure that the 6Article 16.

Equality of opportunity in matters of public vacancies of that year.]

amount fixed by or determined under such law for the acquisition of such property is such as would not 55 restrict or abrogate the right guaranteed under that school till the completion of his or her elementary advancement, such as, lack of access to housing clause.]

education.]
education.]

and basic services, inadequate support services and (2) The State shall not, in granting aid to educational (2) For the purpose of sub-section (1), no child shall be technologies for reducing drudgery and occupational institutions, discriminate against any educational liable to pay any kind of fee or charges or expenses health hazards and for increasing their productivity.
institution on the ground that it is under the management of a minority, whether based on religion which may prevent him or her from pursuing and completing the elementary education.

or language.

10Article 39.

Certain principles of policy to be followed by the State.—The State shall, in particular, direct its [(3) A child with disability referred to in sub-clause 15Section 13.
Wage rates and other conditions of service of inter-State migrant workmen.- (1) The (A) of clause (ee) of section 2 shall, without prejudice wage rates, holidays, hours of work and other to the provisions of the Persons with Disabilities conditions of service of an inter-State migrant policy towards securing— (Equal Opportunities, Protection of Rights and Full workman shall,- (a) that the citizens, men and women equally, have Participation) Act, 1995 (1 of 1996), and a child referred (a) in a case where such workman performs in any the right to an adequate means of livelihood; to in sub-clauses (B) and (C) of clause (ee) of section establishment, the same or similar kind of work as (b) that the ownership and control of the material 2, have the same rights to pursue free and compulsory is being performed by any other workman in that resources of the community are so distributed asbest elementary education which children with disabilities establishment, be the same as those applicable to to subserve the common good; have under the provisions of Chapter V of the Persons such other workman; and (c) that the operation of the economic system does with Disabilities (Equal (b) in any other case, be such as may be prescribed by not result in the concentration of wealth and means of Opportunities, Protection of Rights and Full the appropriate Government: production to the common detriment; Participation) Act, 1995: Provided that an inter-State migrant workman shall in (d) that there is equal pay for equal work for both men Provided that a child with “multiple disabilities” no case be paid less than the wages fixed under the and women; referred to in clause (h) and a child with “severe Minimum Wages Act, 1948 (41 of 1948).
(e) that the health and strength of workers, men and disability” referred to in clause (o) of section 2 of the (2) Notwithstanding anything contained in any other women, and the tender age of children are not abused National Trust for Welfare of Persons with Autism, law for the time being in force, wages payable to an and that citizens are not forced by economic necessity Cerebral Palsy, Mental Retardation and Multiple inter-State migrant workmen under this section shall to enter avocations unsuited to their age or strength; Disabilities Act, 1999 (44 of 1999) may also have the 3[(f) that children are given opportunities and facilities right to opt for home-based education.]
to develop in a healthy manner and in conditions of be paid in cash.

16Section 16.

Other facilities.- It shall be the duty of every contractor employing inter-State migrant freedom and dignity and that childhood and youth are protected against exploitation and against moral and 13Section 17.

Prohibition of physical punishment and mental harassment to child.—(1) No child shall workmen in connection with the work of an establishment to which this Act applies,- material abandonment.]
be subjected to physical punishment or mental (a) to ensure regular payment of wages to such 11Article 42.

Provision for just and humane conditions of work and maternity relief: The State shall make harassment.

workmen; (2) Whoever contravenes the provisions of sub- (b) to ensure equal pay for equal work irrespective section (1) shall be liable to disciplinary action under of sex; provision for securing just and humane conditions of the service rules applicable to such person.
(c) to ensure suitable conditions of work to such work and for maternity relief.

12Section 3.

Right of child to free and compulsory education.—[(1) Every child of the age of six to fourteen years, including a child referred to in clause 14Section 10.
Functions of the Commission.—(1) The Commission shall perform all or any of the following functions, namely:—undertake promotional and educational research so as to suggest ways of workmen having regard to the fact that they are required to work in a State different from their own State; (d) to provide and maintain suitable residential accommodation to such workmen during the period of (d) or clause (e) of section 2, shall have the right to ensuring due representation of women in all spheres their employment; free and compulsory education in a neighbourhood and identify factors responsible for impeding their (e) to provide the prescribed medical facilities to the 56 workmen, free of charge; months, or where the number of children of women the plantation; (f) to provide such protective clothing to the workers (including women workers employed by any (b) for every worker (including his family) residing workmen as may be prescribed; and contractor) is twenty or more, there shall be provided outside the plantation, who has put in six months of (g) in case of fatal accident or serious bodily injury and maintained by the employer suitable rooms for the continuous service in such plantation and who has to any such workman, to report to the specified authorities of both the States and also the next of kin use of children of such women workers.
Explanation.—For the purposes of this sub-section and expressed a desire in writing to reside in the plantation: Provided that the requirement of continuous service of the workman.

sub-section (1A), “children ‘’ means persons who are of six months under this clause shall not apply to a 17Section 4.

Duty of employer to pay equal remuneration to men and women workers for same below the age of six years.
worker who is a member of the family of a deceased (1A) Notwithstanding anything contained in sub- worker who, immediately before his death, was section (1), if, in respect of any plantation wherein less residing in the plantation.
work or work of a similar nature.- (1) No employer than fifty women workers (including women workers shall pay to any worker, employed by him in an employed by any contractor) are employed or were establishment or employment, remuneration, whether employed on any day of the preceding twelve months, 20Section 32.
Sickness and maternity benefits.—(1) Subject to any rules that may be made in this behalf, payable in cash or in kind, at rates less favourable than or where the number of children of such women every worker shall be entitled to obtain from his those at which remuneration is paid by him to the workers is less than twenty, the State Government, employer— workers of the opposite sex in such establishment or having regard to the number of children of such (a) in the case of sickness certified by a qualified employment for performing the same work or work of women workers deems it necessary that suitable medical practitioner, sickness allowance, and a similar nature.
rooms for the use of such children should be provided (b) if a woman, in the case of confinement or (2) No employer shall, for the purpose of complying and maintained by the employer, it may, by order, expected confinement, maternity allowance, at such with the provisions of sub-section (1), reduce the rate direct the employer to provide and maintain such rate, for such period and at such intervals as may be of remuneration of any worker.

rooms and thereupon the employer shall be bound to prescribed.
(3) Where, in an establishment or employment, comply with such direction.
(2) The State Government may make rules regulating the rates of remuneration payable before the (2) The rooms referred to in sub-section (1) or sub- the payment of sickness or maternity allowance and commencement of this Act for men and women section (1A) shall— any such rules may specify the circumstances in workers for the same work or work of a similar nature (a) provide adequate accommodation; which such allowance shall not be payable or shall are different only on the ground of sex, then the higher (b) be adequately lighted and ventilated; cease to be payable, and in framing any rules under (in cases where there are only two rates), or as the (c) be maintained in a clean and sanitary condition; this section the State Government shall have due case may be, the highest (in cases where there are and regard to the medical facilities that may be provided by more than two rates), of such rates shall be the rate at (d) be under the charge of a woman trained in the care the employer in any plantation.
which remuneration shall be payable, on and from such of children and infants.

commencement, to such men and women workers: (3) The State Government may make rules prescribing Provided that nothing in this sub-section shall be the location and the standards of the rooms referred 21Section 3.
Framing of scheme.—(1) The Central Government shall formulate and notify, from time deemed to entitle a worker to the revision of the to in sub-section (1) or sub-section (1A)] in respect to time, suitable welfare schemes for unorganised rate of remuneration payable to him or her before the of their construction and accommodation and the workers on matters relating to— (a) life and disability commencement of this Act.

equipment and amenities to be provided therein.


cover; (b) health and maternity benefits; (c) old 18Section 12.

Creches.—(1) In every plantation wherein fifty or more women workers (including women 19Section 15.

Housing facilities.—It shall be the duty of every employer to provide and maintain necessary determined by the Central Government.
(2) The schemes included in the Schedule 1 to this Act workers employed by any contractor) are employed housing accommodation— shall be deemed to be the welfare schemes under or were employed on any day of the preceding twelve (a) for every worker (including his family) residing in sub-section (1).
age protection; and (d) any other benefit as may be 57 (3) The Central Government may, by notification, as grants-in-aid to any local authority or employer present in relation to or connected with any act amend the Schedules annexed to this Act.
shall not exceed— (a) the amount spent in providing or behavior of sexual harassment may amount to (4) The State Government may formulate and notify, welfare measures and facilities as determined by the sexual harassment:— (i) implied or explicit promise from time to time, suitable welfare schemes for State Government or any person specified by it in of preferential treatment in her employment; or (ii) unorganised workers, including schemes relating to— (a) provident fund; (b) employment injury benefit; (c) this behalf, or (b) such amount as may be prescribed, whichever is less: Provided that no grant-in-aid shall be implied or explicit threat of detrimental treatment in her employment ; or (iii) implied or explicit threat housing; (d) educational schemes for children; (e) skill payable in respect of any such welfare measures and about her present or future employment status; or (iv) upgradation of workers; (f) funeral assistance; and (g) facilities where the amount spent thereon determined interference with her work or creating an intimidating old age homes.
as aforesaid is less than the amount prescribed in this or offensive or hostile work environment for her; or behalf.

(v) humiliating treatment likely to affect her health or 22Section 22.

Functions of the Boards.—(1) The Board may— (a) provide immediate assistance to a beneficiary in case of accident; (b) make payment of 23Section 35.
Creches.—(1) In every place wherein, more than fifty female building workers are ordinarily pension to the beneficiaries who have completed the employed, there shall be provided and maintained a safety.

26Also see, Domestic Workers Regulation of Work and Social Security Bill, 2017 and Draft National Policy for age of sixty years; (c) sanction loans and advances suitable room or rooms for the use of children under Domestic Workers still in preliminary stage.
to a beneficiary for construction of a house not the age of six years of such female workers.

exceeding such amount and on such terms and (2) Such rooms shall—(a) provide adequate conditions as may be prescribed; (d) pay such amount accommodation; (b) be adequately lighted and 27Section 5.
Right to payment of maternity benefit.—(1) Subject to the provisions of this Act, every woman in connection with premia for Group Insurance ventilated; (c) be maintained in a clean and sanitary shall be entitled to, and her employer shall be liable Scheme of the beneficiaries as it may deem fit; (e) condition; (d) be under the charge of women trained in for, the payment of maternity benefit at the rate of give such financial assistance for the education of the care of children and infants.
children of the beneficiaries as may be prescribed; (f) the average daily wage for the period of her actual absence, that is to say, the period immediately meet such medical expenses for treatment of major ailments of a beneficiary or, such dependant, as may 24Section 149.

Company to have Board of Directors.— (1) Every company shall have a Board of Directors preceding the day of her delivery, the actual day of her delivery and any period immediately following that day.
be prescribed; (g) make payment of maternity benefit consisting of individuals as directors and shall have— Explanation.—For the purpose of this sub-section, the to the female beneficiaries; and (h) make provision (a) a minimum number of three directors in the case average daily wage means the average of the woman’s and improvement of such other welfare measures and of a public company, two directors in the case of a wages payable to her for the days on which she has facilities as may be prescribed.
private company, and one director in the case of a worked during the period of three calendar months (2) The Board may grant loan or subsidy to a local One Person Company; and (b) a maximum of fifteen immediately preceding the date from which she authority or an employer in aid of any scheme directors: Provided that a company may appoint absents herself on account of maternity, the minimum approved by the State Government for the purpose more than fifteen directors after passing a special rate of wage fixed or revised under the Minimum connected with the welfare of building workers in any resolution: Provided further that such class or classes Wages Act, 1948 (11 of 1948) or ten rupees, whichever establishment.
of companies as may be prescribed, shall have at least is the highest.

(3) The Board may pay annually grants-in-aid to a one woman director.

local authority or to an employer who provides to the satisfaction of the Board welfare measures and facilities of the standard specified by the Board for 25Section 3.
Prevention of sexual harassment.—(1) No woman shall be subjected to sexual harassment the benefit of the building workers and the members of’ their family, so, however, that the amount payable at any workplace.
(2) The following circumstances, among other circumstances, if it occurs, or is (2) No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery: 58 Provided that the qualifying period of eighty days case may be.
within sixty days from the date on which order of such aforesaid shall not apply to a woman who has (5) In case where the nature of work assigned to a deprivation or discharge or dismissal is communicated immigrated into the State of Assam and was pregnant woman is of such nature that she may work from to her, appeal to such authority as may be prescribed, at the time of the immigration.
Explanation.—For the home, the employer may allow her to do so after and the decision of that authority on such appeal, purpose of calculating under this sub-section the days on which a woman has actually worked in the availing of the maternity benefit for such period and on such conditions as the employer and the woman may whether the woman should or should not be deprived of maternity benefit or medical bonus, or both, or establishment, 2 [the days for which she has been laid mutually agree.
off or was on holidays declared under any law for the time being in force to be holidays with wages] during the period of twelve months immediately preceding 28Section 9.

Leave for miscarriage, etc.—In case of miscarriage or medical termination of pregnancy, discharged or dismissed shall be final.

(c) Nothing contained in this sub-section shall affect the provisions contained in sub-section (1).
the date of her expected delivery shall be taken into a woman shall, on production of such proof as may account.

be prescribed, be entitled to leave with wages at the 30Clause 3.
What constitutes Ragging.- Ragging constitutes one or more of any of the following acts: (3) The maximum period for which any woman shall rate of maternity benefit, for a period of six weeks a. any conduct by any student or students whether by be entitled to maternity benefit shall be twenty-six immediately following the day of her miscarriage words spoken or written or by an act which has the weeks of which not more than eight weeks shall or, as the case may be, her medical termination of effect of teasing, treating or handling with rudeness a precede the date of her expected delivery: pregnancy Provided that the maximum period entitled to maternity benefit by a woman having two or more than two surviving children shall be twelve weeks of 29Section 12.
Dismissal during absence of pregnancy.— (1) When a woman absents herself from work in fresher or any other student; b. indulging in rowdy or indisciplined activities by any student or students which causes or is likely to cause annoyance, hardship, physical or psychological harm which not more than six weeks shall precede the date accordance with the provisions of this Act, it shall be or to raise fear or apprehension thereof in any fresher of her expected delivery: unlawful for her employer to discharge or dismiss her or any other student; Provided further that where a woman dies during this during or on account of such absence or to give notice c. asking any student to do any act which such student period, the maternity benefit shall be payable payable of discharge or dismissal on such a day that the notice will not in the ordinary course do and which has the only for the days up to and including the day of her will expire during such absence, or to vary to her effect of causing or generating a sense of shame, or death: disadvantage any of the conditions of her service.
torment or embarrassment so as to adversely affect Provided also that where a woman, having been (2) (a) The discharge or dismissal of a woman at any the physique or psyche of such fresher or any other delivered of a child, dies during her delivery or during time during her pregnancy, if the woman but for such student; the period immediately following the date of her discharge or dismissal would have been entitled to d. any act by a senior student that prevents, disrupts delivery for which she is entitled for the maternity maternity benefit or medical bonus referred to in or disturbs the regular academic activity of any other benefit, leaving behind in either case the child, the section 8, shall not have the effect of depriving her of student or a fresher; employer shall be liable for the maternity benefit for the maternity benefit or medical bonus: e. exploiting the services of a fresher or any other that entire period but if the child also dies during the Provided that where the dismissal is for any prescribed student for completing the academic tasks assigned to said period, then, for the days up to and including the gross misconduct, the employer may, by order in an individual or a group of students.
date of the death of the Child.

writing communicated to the woman, deprive her of f. any act of financial extortion or forceful expenditure (4) A woman who legally adopts a child below the age the maternity benefit or medical bonus or both.
burden put on a fresher or any other student by of three months or a commissioning mother shall be (b) Any woman deprived of maternity benefit or students; entitled to maternity benefit for a period of twelve medical bonus, or both, or discharged or dismissed g. any act of physical abuse including all variants of it: weeks from the date the child is handed over to the adopting mother or the commissioning mother, as the during or on account of her absence from work in accordance with the provisions of this Act, may, sexual abuse, homosexual assaults, stripping, forcing obscene and lewd acts, gestures, causing bodily harm 59 or any other danger to health or person; definition of “Ragging”.
Provided that the Head of the Duties; citizenship skills and values; knowledge of h. any act or abuse by spoken words, emails, post, institution shall forthwith report the occurrence of the India; environmental awareness including water and public insults which would also include deriving incident of ragging to the District Level Anti-Ragging resource conservation, sanitation and hygiene; and perverted pleasure, vicarious or sadistic thrill from Committee and the Nodal officer of the affiliating current affairs and knowledge of critical issues facing actively or passively participating in the discomfiture to fresher or any other student; University, if the institution is an affiliated institution.
Provided further that the institution shall also continue local communities, States, the country, and the world.

i. any act that affects the mental health and self- with its own enquiry initiated under clause 9 of these confidence of a fresher or any other student with Regulations and other measures without waiting for 34Clause 4.28.
Students will be taught at a young age the importance of “doing what’s right”, and will be or without an intent to derive a sadistic pleasure action on the part of the police/local authorities and given a logical framework for making ethical decisions.

or showing off power, authority or superiority by a such remedial action shall be initiated and completed In later years, this would then be expanded along student over any fresher or any other student.
immediately and in no case later than a period of themes of cheating, violence, plagiarism, littering, seven days of the reported occurrence of the incident tolerance, equality, empathy, etc., with a view to 31Clause 7.

Action to be taken by the Head of the institution.- On receipt of the recommendation of the Anti Ragging Squad or on receipt of any information concerning any reported incident of ragging, the of ragging.
32Clause 3.2 The concept of a National System of Education implies that, up to a given level, all students, enabling children to embrace moral/ethical values in conducting one’s life, formulate a position/argument about an ethical issue from multiple perspectives, and use ethical practices in all work.
As consequences Head of institution shall immediately determine if irrespective of caste, creed, location or sex, have of such basic ethical reasoning, traditional Indian a case under the penal laws is made out and if so, access to education of a comparable quality.
To values and all basic human and Constitutional values either on his own or through a member of the Anti- achieve this, the Government will initiate appropriately (such as seva, ahimsa, swachchhata, satya, nishkam Ragging Committee authorised by him in this behalf, funded programmes.
Effective measures will be karma, shanti, sacrifice, tolerance, diversity, pluralism, proceed to file a First Information Report (FIR), within taken in the direction of the Common School System righteous conduct, gender sensitivity, respect for twenty four hours of receipt of such information or recommended in the 1968 Policy.
elders, respect for all people and their inherent capabilities regardless of background, respect recommendation, with the police and local authorities, under the appropriate penal provisions relating to one or more of the following, namely; i. Abetment to ragging; ii.

Criminal conspiracy to rag; 33Clause 4.23.


While students must have a large amount of flexibility in choosing their individual curricula, certain subjects, skills, and capacities should for environment, helpfulness, courtesy, patience, forgiveness, empathy, compassion, patriotism, democratic outlook, integrity, responsibility, justice, iii.

Unlawful assembly and rioting while ragging; iv.


be learned by all students to become good, successful, liberty, equality, and fraternity) will be developed Public nuisance created during ragging; v. Violation of innovative, adaptable, and productive human beings in all students.

Children will have the opportunity decency and morals through ragging; vi.

Injury to body, in today’s rapidly changing world.

In addition to to read and learn from the original stories of the causing hurt or grievous hurt; vii.
Wrongful restraint; proficiency in languages, these skills include: scientific Panchatantra, Jataka, Hitopadesh, and other fun fables viii.

Wrongful confinement; ix.

Use of criminal force; temper and evidence-based thinking; creativity and and inspiring tales from the Indian tradition and learn x.

Assault as well as sexual offences or unnatural innovativeness; sense of aesthetics and art; oral and about their influences on global literature.

Excerpts offences; xi.

Extortion; xii.


Criminal trespass; xiii.

written communication; health and nutrition; physical from the Indian Constitution will also be considered Offences against property; xiv.

Criminal intimidation; education, fitness, wellness, and sports; collaboration essential reading for all students.

Basic training in xv.


Attempts to commit any or all of the above and teamwork; problem solving and logical reasoning; health, including preventive health, mental health, mentioned offences against the victim(s); xvi.

Threat vocational exposure and skills; digital literacy, coding, good nutrition, personal and public hygiene, disaster to commit any or all of the above mentioned offences against the victim(s); xvii.
Physical or psychological and computational thinking; ethical and moral reasoning; knowledge and practice of human and response and first-aid will also be included in the curriculum, as well as scientific explanations of the humiliation; xviii.

All other offences following from the Constitutional values; gender sensitivity; Fundamental detrimental and damaging effects of alcohol, tobacco, 60 and other drugs.

and equity.
and equity.

It would also include more detailed knowledge of various cultures, religions, languages, 35Clause 6.8.

In addition, the Government of India will constitute a ‘Gender-Inclusion Fund’ to build the nation gender identities, etc.

to sensitize and develop respect for diversity.

Any biases and stereotypes in ’s capacity to provide equitable quality education for all girls as well as transgender students.
The fund will be school curriculum will be removed, and more material will be included that is relevant and relatable to all available to States to implement priorities determined communities.

by the Central government critical for assisting female and transgender children in gaining access to education (such as the provisions of sanitation 38Steps to be taken by Governments (a) Earmark suitable Government funds for the and toilets, bicycles, conditional cash transfers, education of SEDGs etc.
); funds will also enable States to support and (b) Set clear targets for higher GER for SEDGs scale effective community-based interventions that (c) Enhance gender balance in admissions to HEIs address local context specific barriers to female and (d) Enhance access by establishing more high-quality transgender children’s access to and participation in HEIs in aspirational districts and Special Education education.
Similar ‘Inclusion Fund’ schemes shall also Zones containing larger numbers of SEDGs be developed to address analogous access issues for (e) Develop and support high-quality HEIs that teach in other SEDGs.
In essence, this Policy aims to eliminate local/Indian languages or bilingually any remaining disparity in access to education (f) Provide more financial assistance and scholarships (including vocational education) for children from any to SEDGs in both public and private HEIs gender or other socio-economically disadvantaged (g) Conduct outreach programmes on higher group.

education opportunities and scholarships among 36Clause 6.14.
The awareness and knowledge of how to teach children with specific disabilities (including learning disabilities) will be an integral part of all teacher education programmes, along with gender sensitization and sensitization towards SEDGs (h) Develop and support technology tools for better participation and learning outcomes.

39The field of diplomacy has remained ‘by men’ and ‘for men’.
Currently, there are 176 women IFS officers all underrepresented groups in order to reverse their out of a total of 815.

Indian Foreign Services has only underrepresentation.

sanctioned 850 posts as opposed to 6500 IAS and 4843 IPS post.

37Clause 6.20.

Students will be sensitized through this new school culture, brought in by teachers, trained social workers and counsellors as well as through corresponding changes to bring in an inclusive school curriculum.
The school curriculum will include, early on, material on human values such as respect for all persons, empathy, tolerance, human rights, gender equality, non-violence, global citizenship, inclusion, 61 Health and Reproductive Rights 62 Article 121: Health 1.

States Parties shall take all appropriate measures to eliminate discrimination against women in the field of health care, in order to ensure equal access to health care services, including those related to family planning.

2.
2.

States Parties shall ensure to women appropriate services in connection with pregnancy, confinement and the postnatal period, granting free services as well as adequate nutrition during pregnancy and lactation.

63 CONSTITUTION: 1.

A.

14: Ensures equality before the law and equal protection of the laws by the State.

(Supra: Chapter 1) 2.

A.

21: No person to be deprived of his life or personal liberty except according to procedure established by law.

(Supra: Chapter 4) 3.

A.


39(e): State to follow principles of policy securing the health and strength of workers, men and women, and children, are not forced by economic necessity to enter vocations unsuited to their age or strength.

(Supra: Chapter 2) 4.

A.

42: State to make provisions for securing just and humane conditions for work and for maternity relief.

(Supra: Chapter 4) 5.

A.


47: State to raise the level of nutrition and the standard of living of its people and to improve public health.2 LEGISLATIONS: 1.

Maternity Benefit Act, (MBA), 1961 and Maternity Benefit (Amendment) Act, 2017: An Act to regulate the employment of women in certain establishments for certain periods before and after child-birth and to provide for maternity benefit along with other benefits.
After the amendment in 2017, the limit for mandatory paid leaves has been increased from 12 weeks to 26 weeks.

(Supra: Chapter 1 and Chapter 4) G1: The health budget of the Union Government is very low.

It saw only an abysmal rise from 1.2% of its GDP in 2014-2015 to 1.8% in 2020-2021.
Further, the share of the budget for the National Health Mission (NHM) in the total health budget of the Union Government has also declined from 60.25% in 2018–19 to 52.12% in 2020– 21, thus, adversely affecting the quality of healthcare services including reproductive healthcare services as well.

[CEDAW A.

12] R1: The National Health Policy, 2017 recommended, public health spending should be increased to 2.5% of GDP by 2025.
In order to ensure that the healthcare systems in India improve, especially the maternal and reproductive health services, it is necessary to implement the recommendations of the National Health Policy, 2017.

G2: As many as 363 deaths had taken place due to sterilisation procedures during the period of 2010 to 2013.
The Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women 2.

Medical Termination of Pregnancy Act, 1971: Provides the legal framework for making medical termination of pregnancies by RMPs and for matters connected with that.

3.
3.

Medical Termination of Pregnancy (Amendment) Act, 2021: Increases the time limit for accessing safe and legal abortion services from 20 to 24 weeks (of gestation) in certain circumstances.

It removes the limit in case of foetal abnormalities.

4.

Protection of Women from Domestic Violence Act, 2005: The Act specifically in Section 7 provides for medical services, care and treatment to the victims of domestic violence.

5.
5.

National Food Security Act, 2013: It provides that all people at all times get access to the basic food for their active and healthy life.

Further, Section 4 of the Act deals with matters concerning pregnant women and lactating mothers including (a) meal, free of charge, during pregnancy and six months after the child birth, through the local anganwadi; and (b) maternity benefit of not less than rupees six thousand.

6.
6.

Rights of Persons with Disabilities Act, 2016: Mandates the government to ensure PWDs enjoy the right to equality, life with dignity, and respect for his or her own integrity equally with others.

The reproductive rights of PWDs are specifically dealt with in Section in Section 10 of the Act.

7.
7.

The Mental Healthcare Act, 2017: Provides for the protection and promotion of rights of persons with mental illness during the delivery of healthcare in institutions and in SC in 2016 in Devika Biswas v. Union of India5 directed both Union & the State Governments to phase out the holding of sterilization camps in the next three years.

The SC also directed the Union of India to take a decision by December 31, 2016 about finalisation of National Health Policy (NHP).
In case the Government decides to have an NHP, it should keep issues of gender equity in mind as well.

[CEDAW A.

12] R2: State Parties to ensure adequate health infrastructure including reproductive health.

Trained public healthcare workforce, their continuous training, decent working conditions and filling up the vacancies of professionals and workers.

Regularization of contractual reproductive public healthcare workers like ASHAs, ANMs, etc who renders services to pregnant and lactating women.
Also to ensure universal access to quality and comprehensive healthcare especially for women with physical disabilities and mental illnesses.

64 Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women the community.

8.
8.

Surrogacy (Regulation) Bill, 2020: Provides for the rights of the surrogate mothers and the children born through surrogacy.

(The bill is under consideration of the Parliament.)

9.

HIV & AIDS (Prevention and Control) Act, 2017: An Act to provide for the prevention and control of the spread of Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome.
POLICIES & SCHEMES: Janani Suraksha Yojana, 2005, MoH&FW: Aims at 1. reducing maternal and neonatal mortality by promoting institutional delivery of pregnant women.

2.

National Health Mission, 2013: Aims to protect the reproductive health rights of women including Reproductive- Maternal-Neonatal-Child and Adolescent Health (RMNCH+A) Services based on the concept of a continuum of holistic care.

3.
3.

National Health Policy of India, 2017, MoH&FW: Aims to achieve the highest possible level of health and well-being and universal access to good quality health care services.

It recommends increasing health expenditure to 2.5% of GDP by 2025.3 Further, it provides gender-sensitive, effective, safe, and convenient healthcare services.

4.

Health Data Management Policy under National Digital Health Mission, 2017: Aims to digitize healthcare in India.
G3: The Matru Vandana Yojana (Maternity Benefit Program), 2017, to support lactating mothers and pregnant women by compensating them for loss of wages during their pregnancy has been able to reach less than a third of the eligible beneficiaries.6 Further, the benefit is restricted to only the first living child, thereby, excluding the majority of pregnant women in the country.

[CEDAW A.
[CEDAW A.

12(2)] R3: The eligibility conditions stipulated for availing the benefits of the Matru Vandana Yojana (reproductive health services) should be made easier so as to ensure that the benefit reaches to all of its eligible beneficiaries.
Women should be given benefits for the first two live births as was provided under the previous maternity benefit scheme ‘Indira Gandhi Matritva Sahyog Yojana.’ G4: The health status of rural women especially the maternal mortality rate (MMR) which is 113 (SRS 2016-18) is 65 Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women quite poor.
The lowest MMR for the same period is 43 in Kerala, and the highest MMR is 215 in Assam.

[CEDAW A.

14(2)(b)] R4: Primary health centres and health infrastructure should be improved to ensure equitable access to antenatal care, nutritious food and supplements like folic acid, iron, and calcium.

Identification of high risk pregnancies and timely referral to higher centres as required.

Timely availability of fully equipped ambulances should also be ensured.
Benefits provided under ICDS be also strictly followed.

5.

Pradhan Mantri Matru Vandana Yojana, 2017, MoWCD: Provides for a cash incentive of Rs 6000/- to be transferred directly to the bank/post office account of pregnant women and lactating mothers for their first living child.

6.

Ayushman Bharat Yojana, 2018, MoH&FW: A centrally sponsored scheme, jointly funded by the Union and the State Governments, offering services to about 50 crore people.
Ayushman Bharat has two interrelated components: (1) Health and Wellness Centres (HWCs) and (2) Pradhan Mantri Jan Arogya Yojana (PM-JAY).

7.
Charter of Patient’s Rights formulated by National Human Rights Commission and adopted by the Government of India suggests basic rights to be ensured for everyone seeking care in both Government and private health facilities including: - - - - - - - - - - Right to Information Right to records and reports Right to Emergency medical care Right to Informed consent Right to confidentiality, human dignity and privacy Right to second opinion Right to transparency Right to Non-discrimination Right to Safety and quality care Right to referrals and appropriate transfers 66 Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women - Right to protection for patients entering clinical trials etc.4 8.
To encourage family planning, there are incentives in the form of monetary and other reliefs to women and men by different State governments.

JUDGMENTS: Suchita Srivastava v. Chandigarh Administration: (2009) 1.

11 SCC 409: The Supreme Court upheld women’s reproductive autonomy as a fundamental right including the reproductive rights of mentally challenged women.

Laxmi Mandal v. Deen Dayal Harinagar Hospital: W.P.

(C) 2.

No.
(C) 2.

No.

8853/2008: The Delhi High Court upheld that the right to health includes the right to access and receive a minimum standard of treatment and care in public health facilities.

3.

Sandesh Bansal v. Union of India; W.P.

(C) 9061/2008: High Court of Madhya Pradesh ruled that the primary duty of the Government is to ensure that all women survive pregnancy and childbirth.

4.
4.

Devika Biswas v. Union of India: (2016) 10 SCC 726: SC held that the freedom to exercise reproductive rights would include the right to make a choice regarding sterilization.

67 Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women 1Article 12: 1.
States Parties shall take all appropriate measures to wellbeing for all at all ages, through a preventive and promotive health care orientation in all developmental eliminate discrimination against women in the field of policies, and universal access to good quality health health care in order to ensure, on a basis of equality care services without anyone having to face financial of men and women, access to health care services, hardship as a consequence.
This would be achieved including those related to family planning.

through increasing access, improving quality and 2.

Notwithstanding the provisions of paragraph I of lowering the cost of healthcare delivery.

this article, States Parties shall ensure to women appropriate services in connection with pregnancy, 2.4.3.1 Health finance confinement and the post-natal period, granting a.
Increase health expenditure by Government as a free services where necessary, as well as adequate percentage of GDP from the existing 1.15% to 2.5 % by nutrition during pregnancy and lactation.

2025. b.
Increase State sector health spending to > 8% of 2Article 47: Duty of the State to raise the level of nutrition and the standard of living and to improve their budget by 2020. c. Decrease in proportion of households facing public health.—The State shall regard the raising catastrophic health expenditure from the current of the level of nutrition and the standard of living levels by 25%, by 2025 of its people and the improvement of public health as among its primary duties and, in particular, the 4https://nhrc.nic.in/document/charter-patient-rights State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of 5Devika Biswas v. Union of India (2016) 10 SCC 726 intoxicating drinks and of drugs which are injurious to health.
32.1 Goal The policy envisages as its goal the attainment of the highest possible level of health and 6https://www.thehindu.com/news/national/ maternity-scheme-reaches-only-one-third-of- beneficiaries/article30009783.ece 68 69 Marriage, Family and Legal Rights Article 9: CONSTITUTION: States Parties shall grant 1. women equal rights with men to acquire, change or retain their nationality.
They shall ensure in particular that neither marriage to an alien nor change of nationality by the husband during marriage shall automatically change the nationality of the wife, render her stateless or force upon her the nationality of the husband.

2.

State Parties shall grant women equal rights with men with respect to the nationality of their children.1 Article 15: 1.

States Parties shall accord women equality with men before the law.

2.
2.

States Parties shall accord to women, in civil matters, a legal capacity identical to 71 1.

A.

5: Citizenship at the commencement of the Constitution: Every person who has his domicile in the territory of India and was either born or whose parents were born in the territory of India; or has been a resident for not less than five years shall be a citizen of India at the commencement.4 2.

A.
A.

6: Rights of citizenship of certain persons who have migrated to India from Pakistan: Relates to rights of citizenship of certain persons who have migrated to India from Pakistan and rights of citizenship of certain migrants to Pakistan.5 3.

A.

7: Rights of citizenship of certain migrants to Pakistan: Those who migrated after the 1st day of March 1947 to Pakistan shall not be deemed to be citizens of India.

4.

A.13: Laws inconsistent with or in derogation of the Fundamental Rights: A.
13(3)(a): a) “law” includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law.6 5.

Clause 3 of Sixth Schedule: Powers of the District Councils and Regional Councils to make laws: Gives power to the District and Regional Council as formulated under the Schedule to make laws for certain subjects like marriages, social customs, etc.7 LEGISLATIONS: G1: India has separate legislations relating to marriage for different religions.
The age of marriage for bride is 18 years and bridegroom is 21 years (The Special Marriage Act, 1954) as the condition prescribing the age of marriage has not been uniformly provided in all legislations.

[CEDAW A.

16(2)] R1: Endeavours should be made to have a uniform age of bride and bridegroom for marriage across various marriage related legislations for the bride as well as for the bridegroom.
G2: In legislations, age of marriage for bride is 18 years and bridegroom is 21 years without there being any scientific reasons for the same.

[CEDAW A.

16(2)] Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women that of men and the same opportunities to exercise that capacity.
In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.

3.

States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.

4.
4.

States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.2 Article 16: 1.

State Parties shall take 72 1.


Citizenship Act, 1955: a) S. 3: U/s 3(1)(c)(ii), citizenship is granted at birth to a child if either parent is an Indian citizen and the other is not an illegal migrant.8 b) S. 4: Citizenship by Descent 9 c) S. 5(1)(d): Citizenship by registration to minor children of persons who are citizens of India.
d) S. 5(1)(c): Citizenship by registration: A person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration;10 2.

The Citizenship (Amendment) Act, 2019: a) S. 2: Proviso added to the original section thereby removed the illegal immigrant status of persons belonging to certain communities for the purposes of this Act.11 3.
The Citizenship Rules, 1956: Rule 17, Form XII Form of application for naturalisation mentions only the ‘father’s name’ in respect of such minors that are registered under Section 5(1)(d).12 4.

Hindu Marriage Act, 1955: a) Section 5- Provides the conditions for a Hindu marriage between two Hindus, including the age of marriage i.e.
the bridegroom has completed the age of twenty-one years and the bride, the age of eighteen years, at the time of the marriage;13 b) Section 7- A Hindu marriage may be solemnized in R2: The age for the bride and bridegroom should be the same, as recommended by the Law Commission Report No.

205.

The NHRC has also recommended for fixing the same age of bride and bridegroom.
18 G3: Although some of the legislations related to marriage have put minimum age of the bride and bridegroom as a condition for marriage but no legislation has specified that if the condition for the age of marriage has not been met, the marriage would be illegal or void ab initio.

[CEDAW A.
16(2)] R3: In compliance with Article 16 (2) of CEDAW, the marriages which do not adhere to the prescribed age of marriage should be declared illegal in all Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and shall ensure the same right to women: accordance with the customary rites and ceremonies.14 c) Section 13- Provides the grounds for divorce.15 d) Section 13-B- Divorce by mutual consent.16 e) Section 26- Court may pass such interim orders and make such provisions as it may deem just and proper with respect to the custody, maintenance and education of minor children.17 (a) To enter into marriage; 5.
The Special Marriage Act, 1954: (b) To freely choose a spouse; (c) And responsibilities during marriage and at its dissolution; (d) And responsibilities as parents, irrespective of their marital status, in matters relating to their children,; (e) To decide freely and responsibly the number of children and spacing of their children; (f) And responsibilities with regard to guardianship, trusteeship, adoption of children; 73 a) Section 4 - Conditions relating to solemnization of marriage between any two persons irrespective of their religion, including age of marriage i.e.
the bridegroom has completed the age of twenty-one years and the bride the age of eighteen years at the time of the marriage; b) Section 27- Provides the grounds for divorce c) Section 28- Divorce by mutual consent d) Section 38- Court may pass such interim orders and make such provisions as it may deem just and proper with respect to the custody, maintenance and education of minor children.

6.
6.

Indian Divorce Act, 1869 Law relating to marriage and divorce governing Christians: i) Section 10 - Grounds for dissolution of marriage ii) Section 10A - Dissolution of marriage by mutual consent.

iii) Sections 41to 44 - Court may pass such interim orders and make such provisions as it may deem proper with respect to the custody, maintenance and education of minor children.

legislations relating to marriage.


G3: The Dissolution of Muslim Marriages Act, 1939, dealing with the rights of Muslim women to seek dissolution of her marriage, does not provide for important conditions relating to marriage like age of marriage and custody of children etc.

[CEDAW A.

16(2)] R3: Endeavours should be made to provide for the conditions of marriage including age of marriage, custody of children and other related matters in the legislation.
G4: Only father (not mother) is the natural guardian as per Section 6 of The Hindu Minority and Guardianship Act, 1956.

[CEDAW A.
16(1)(f)] Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women (g) The same personal rights as husband and wife, including the right to choose a family name, a profession, and an occupation; (h) The same rights for both spouses in respect of the ownership and disposition of property.

2.
2.

The betrothal and the marriage of a child shall have no legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage to be specified and registration of marriages in an official registry to be made compulsory.3 74 8.

Parsi Marriage and Divorce Act, 1936: 1.

Section 32- Grounds for divorce 2.

Section 32B- Divorce by mutual consent 3.


Section 49- Court may make such provisions in the decree as it deems just and proper with respect to any joint property of husband and wife.

9.
9.

The Muslim Personal Law (Shariat) Application Act, 1937: a) Section 2- Notwithstanding any custom or usage to the contrary, in all questions regarding intestate succession, special property of females, marriage, dissolution of marriage, guardianship etc., the rule of decisions in cases where parties are Muslims Provisions related to personal laws including marriage, guardianship, etc.

where the parties are Muslims shall be the Muslim Personal Law (Shariat).

10.
10.

The Dissolution of Muslim Marriages Act, 1939: An Act to consolidate and clarify the provisions of Muslim law relating to suits for dissolution of marriage by women married under Muslim law.

11.
11.

The Muslim Women (Protection of Rights on Marriage) Act, 2019: Section 3 states that any pronouncement of talaq (talaq-e- biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce) by a Muslim husband upon his wife, by words, either spoken or written or in electronic form is null and illegal.

Section 4 criminalises the same and prescribes R4: Mother should also be a natural guardian along with the father under the HAMA, 1956.
G5: Husband is a guardian for a minor wife as prescribed under Section 6(c) of Hindu Minority and Guardianship Act, 1956.

[CEDAW A.

16] R5: The law of husband being the guardian for a minor wife should be deleted.

Despite Prohibition of Child Marriage Act, 2006, child marriages continue to be solemnized.

In case of dispute between husband and a minor wife, husband should not be her guardian, her guardian should be her father/mother.
Pick from final G6: Form XV under Rule 17 of Citizenship Rules, 2003 mentions only the ‘father’s name’ in respect of such minors who are registered Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women imprisonment up to 3 years 12.
Hindu Minority and Guardianship Act, 1956: a) Section 6 (a): States father is the natural guardian of a minor boy or unmarried girl.

b) Section (6)(c): The natural guardian of a minor married girl is the husband.

Further, the natural guardian of a Hindu minor has the power to take decisions regarding realization, protection or benefit of the minor’s estate.
c) Section 13: Welfare of the minor to be of paramount consideration in the appointment and declaration of any person as guardian of a Hindu minor by the court 13.

The Hindu Adoption and Maintenance Act of 1956 (HAMA, 1956): a) Section 20 (1): Hindu is bound to maintain his/ her legitimate or illegitimate children.

b) Section 20 (2) states a child may claim maintenance from his or her father or mother so long as the child is a minor 14.
Criminal Procedure Code, 1973: Section 125: Provides that any person having sufficient means needs to provide maintenance of his legitimate or illegitimate minor children unable to maintain themselves 15.

The Guardianship and Wards Act, 1890: Section 24: Duties of the guardian is to look after the support, health and education, and such other matters of the child.

under Section 5(1)(d).

[CEDAW A.

16(1)(d) & (f)] R6: In Form XV, in place of ‘father’s name’, mention “father’s or mother’s name”.
(This form overlooks a situation, where the applicant maybe mother/ guardian/single parent.)

G7: The scheme of One Stop Centre (OSC) provides for a comprehensive response to gender-based violence faced by women most commonly by married women.

However, the ground level realities indicate that the victims are unable to avail these facilities due to lack of awareness and accessibility of these centres.

[CEDAW A.
[CEDAW A.

16] R7: Awareness should be generated about the OSCs through mass media, Government institutions such as the Primary Health 75 Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women 16.
Prohibition of Child Marriage Act, 2006: With a view to restrain solemnization of marriage of minor children, Child Marriage Restraint Act was enacted in 1929.

This Act though restrains the solemnization of child marriage but did not declare them to be void or invalid.

The NHRC undertook a comprehensive review of the then existing Act and in its annual report 2001-2002, recommended for comprehensive amendments.
To give effect to recommendations, The Prohibition of Child Marriage Act, 2006was enacted and as per Section 3, child marriage is voidable at the option of contracting party being a child.

Section 12 of the Act declares the marriage to be void in certain circumstances like marriage by force, compulsion, or deceitful means.

As per the Act, ‘child’ means a person who, if a male, has not completed 21 years of age and if a female, has not completed 18 years of age.

JUDGEMENTS: 1.
JUDGEMENTS: 1.

Inter-caste marriage/Honour Killings • Lata Singh v. State of Uttar Pradesh (2006) 5 SCC 475: SC upheld the right to marry a person of her own choice and remarked that: “This is a free and democratic country, and once a person becomes a major, he or she can marry whosoever he/she likes.” • A Shafin Jahan v. Ashokan KM AIR 2018 SC 35: Kerala High Court had annulled the marriage of a 24-year-old girl Hadiya.
While dismissing this order, the Supreme Court held that “The choice of a partner, whether within or outside marriage, lies within the Centres, Anganwadi centres, etc.

Further, integrating the OSCs with the Women Helpline Number 181, formation of a taskforce for monitoring the functioning of OSCs as recommended by the NHRC in its workshops on OSCs held on September 26, 2017 and on December 29, 2020.
G8: Although PCM Act prohibits child marriage, still legal framework dealing with marriage, rape and sexual assault on children have contradictory provisions because of which PCM Act cannot be effectively implemented.

[CEDAW A.

16(2)] R8: Contradictions in legal provisions dealing with marriage, rape and sexual assault on children should be removed.
Further, there 76 Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women should be a uniform law to deal with sexual intercourse with a wife who happens to be a child.

exclusive domain of each individual.

Intimacies of marriage lie within a core zone of privacy, which is inviolable.
Neither the state nor the law can dictate a choice of partners or limit the free ability of every person to decide on these matters.

They form the essence of personal liberty under the Constitution.” 2.

Same rights during marriage • Gurnaib Singh v. the State of Punjab (2013) 7 SCC 108 The Supreme Court held that “A daughter-in-law is to be treated as a member of the family with warmth and affection and not as a stranger with despicable and ignoble indifference.

She should not be treated as a housemaid.


No impression should be given that she can be thrown out of her matrimonial home at any time.” 3.

Dissolution of marriage & Petition for Divorce Shayara Bano v. Union of India (2017) 9 SCC 1 The Supreme • Court held that the practice of instantaneous triple talaq (talaq -e biddat) at the option of husband and without wife’s consent is violative of Articles 14, 15, 21, 25 of the Constitution of India.

4.
4.

Decriminalization of adultery Joseph Shine v. Union of India 2018 SCC On Line SC 1676: The • Supreme Court held that section 497 of IPC is violative of Article 14, 15, 21 of the Indian Constitution as it treats men and women unequally since women cannot prosecute their husbands for adultery.

5.
5.

After divorce-maintenance of children • Padmaja Sharma v. Ratan Lal Sharma (2000) 4 SCC 266 The 77 Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women Supreme Court held that the mother is equally responsible to pay towards the maintenance of the child.
Both the parents have to contribute proportionate to their salaries.

For instance: If the salary of the husband is twice as much as that of the wife, then they are bound to contribute in that proportion.

• ABC v. The State (NCT of Delhi) (2015) 10 SCC 1: The Supreme Court upheld the guardianship rights of an unwed mother and stated that if the father has exhibited no concern towards his offspring, then it would be futile to give him any legal recognition.

6.
6.

Joint Custody of child • KM Vinaya v. B Srinivas MFA.NO.1729/2011 (G & W) The Karnataka High Court ruled that both parents are entitled to get custody “for the sustainable growth of the minor child”.

In doing so, the parents were directed to share equally the education and other expenditures.

7.

Right to enjoyment of property in matrimonial home/shared household • S.R.
Batra v. Taruna Batra (2007) 3 SCC 169 SC held that a wife is entitled to claim the right to residence only in a shared household, and a shared household would only mean the house belonging to or taken by the husband, or the house which belongs to the joint family of which the husband is a member, but will not cover the property owned by her in-laws.

8.
Ownership of property- Streedhan • Krishna Bhattacharjee v. Sarathi Choudhury (2016) 2 SCC 705 78 Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women SC held that a wife living separately from the husband even under a decree of judicial separation can claim her stridhan back from the husband under Section 12 of the Protection of Women from Domestic Violence Act.
This is because stridhan does not become a joint property and the husband has no title or independent dominion over the property as owner.

Rashmi Kumar v. Mahesh Kumar Bhada (1997) 2 SCC 397 SC • held that streedhan is not joint property of wife & husband but absolute property of the wife.
The husband has no right in it with the sole exception that in times of extreme distress, as in famine, illness or the like, the husband can utilise it but he is morally bound to restore it or its value when he is able to do so.

9.
9.

Differential bar of minimum age for marriage • Ashwini Kumar Upadhyaya (PIL- Delhi HC) and Abdul Manna (PIL-Rajasthan HC) PENDING The petitions state that differential bar of minimum age between men and women discriminate against women and contravenes with the fundamental principles of gender equality, gender justice and dignity of women and breaching Articles 14, 15 and 21 of the Constitution.
Both Delhi High Court and Rajasthan High Court had sought a reply of Centre on the said petition filed by Ashwini Kumar and Abdul Mannan respectively.

10.

Compulsory registration of marriage Seema v. Ashwani Kumar 2006(2) SCC 578 SC directed the • States and the Central Governments to take steps on compulsory registration of marriage.
79 Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women 1Article 9 1.

States Parties shall grant women equal rights with consent; (c) The same rights and responsibilities India.

men to acquire, change or retain their nationality.
They during marriage and at its dissolution; shall ensure in particular that neither marriage to an (d) The same rights and responsibilities as parents, 5Article 6.
Rights of citizenship of certain persons who have migrated to India from Pakistan: Notwithstanding alien nor change of nationality by the husband during marriage shall automatically change the nationality of irrespective of their marital status, in matters relating to their children; in all cases the interests of the anything in article 5, a person who has migrated to the territory of India from the territory now included in the wife, render her stateless or force upon her the children shall be paramount; Pakistan shall be deemed to be a citizen of India at the nationality of the husband.
(e) The same rights to decide freely and responsibly on commencement of this Constitution if— 2.

States Parties shall grant women equal rights with the number and spacing of their children and to have (a) he or either of his parents or any of his men with respect to the nationality of their children.

access to the information, education and means to grand-parents was born in India as defined in the enable them to exercise these rights; Government of India Act, 1935 (as originally enacted); 2Article 15 1.
States Parties shall accord to women equality with (f) The same rights and responsibilities with regard to and guardianship, wardship, trusteeship and adoption of (b) (i) in the case where such person has so migrated men before the law.

children, or similar institutions where these concepts before the nineteenth day of July, 1948, he has been 2.
States Parties shall accord to women, in civil exist in national legislation; in all cases the interests of ordinarily resident in the territory of India since the matters, a legal capacity identical to that of men and the children shall be paramount; date of his migration, or the same opportunities to exercise that capacity.
(g) The same personal rights as husband and wife, (ii) in the case where such person has so migrated on In particular, they shall give women equal rights to including the right to choose a family name, a or after the nineteenth day of July, 1948, he has been conclude contracts and to administer property and profession and an occupation; registered as a citizen of India by an officer appointed shall treat them equally in all stages of procedure in (h) The same rights for both spouses in respect of the in that behalf by the Government of the Dominion courts and tribunals.
ownership, acquisition, management, administration, of India on an application made by him therefore 3.

States Parties agree that all contracts and all other enjoyment and disposition of property, whether free to such officer before the commencement of this private instruments of any kind with a legal effect of charge or for a valuable consideration.

Constitution in the form and manner prescribed by which is directed at restricting the legal capacity of 2.
The betrothal and the marriage of a child shall have that Government: Provided that no person shall be so women shall be deemed null and void.

no legal effect, and all necessary action, including registered unless he has been resident in the territory 4.
States Parties shall accord to men and women the legislation, shall be taken to specify a minimum age of India for at least six months immediately preceding same rights with regard to the law relating to the for marriage and to make the registration of marriages the date of his application.

movement of persons and the freedom to choose in an official registry compulsory.

their residence and domicile.

3Article 16 1.

States Parties shall take all appropriate measures 4Article 5.
Citizenship at the commencement of the Constitution: At the commencement of this Article 7.
Rights of citizenship of certain migrants to Pakistan: Notwithstanding anything in articles 5 and 6, a person who has after the first day of March, 1947, Constitution, every person who has his domicile in the migrated from the territory of India to the territory to eliminate discrimination against women in all territory of India and— now included in Pakistan shall not be deemed to be a matters relating to marriage and family relations and (a) who was born in the territory of India; or citizen of India: in particular shall ensure, on a basis of equality of men (b) either of whose parents was born in the territory of Provided that nothing in this article shall apply to a and women: India; or (a) The same right to enter into marriage; (b) The same right freely to choose a spouse and (c) who has been ordinarily resident in the territory of India for not less than five years immediately person who, after having so migrated to the territory now included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent to enter into marriage only with their free and full preceding such commencement, shall be a citizen of return issued by or under the authority of any law and 80 every such person shall for the purposes of clause forest for the purposes of agriculture or grazing or for (b) on or after the 1st day of July, 1987, but before the (b) of article 6 be deemed to have migrated to the residential or other non-agricultural purposes or for commencement of the Citizenship (Amendment) territory of India after the nineteenth day of July, 1948. any other purpose likely to promote the interests of Act, 2003 (6 of 2004) and either of whose parents is a the inhabitants of any village or citizen of India at the time of his birth; 6Article 13.
Laws inconsistent with or in derogation of the fundamental rights: (1) All laws in force town: Provided that nothing in such laws shall prevent (c) on or after the commencement of the Citizenship (Amendment) Act, 2003 (6 of 2004), in the territory of India immediately before the the compulsory acquisition of any land, whether where: commencement of this Constitution, in so far as they occupied or unoccupied, for public purposes [by the (i) both of his parents are citizens of India; or are inconsistent with the provisions of this Part, shall, Government of the State concerned] in accordance (ii) one of whose parents is a citizen of India and the to the extent of such inconsistency, be void.
with the law for the time being in force authorising other is not an illegal migrant at the time of his birth, (2) The State shall not make any law which takes away such acquisition; shall be a citizen of India by birth.
or abridges the rights conferred by this Part and any (b) the management of any forest not being a (2) A person shall not be a citizen of India by virtue of law made in contravention of this clause shall, to the reserved forest; this section if at the time of his birth- extent of the contravention, be void.
(c) the use of any canal or water-course for the (a) either his father or mother possesses such (3) In this article, unless the context otherwise purpose of agriculture; immunity from suits and legal process as is accorded requires,— (d) the regulation of the practice of jhum or other to an envoy of a foreign sovereign power accredited to (a) “law” includes any Ordinance, order, bye-law, rule, forms of shifting cultivation; the President of India and he or she, as the case may regulation, notification, custom or usage (e) the establishment of village or town committees or be, is not a citizen of India; or having in the territory of India the force of law; councils and their powers; (b) his father or mother is an enemy alien and the birth (b) “laws in force” includes laws passed or made (f) any other matter relating to village or town occurs in a place then under occupation by the enemy.
by a Legislature or other competent authority in administration, including village or town police and the territory of India before the commencement public health and sanitation; of this Constitution and not previously repealed, (g) the appointment or succession of Chiefs or notwithstanding that any such law or any part thereof Headmen; may not be then in operation either at all or in (h) the inheritance of property; particular areas.
(4) Nothing in this article shall apply to any (i) marriage and divorce; (j) social customs.

9Section 4.
9Section 4.

Citizenship by descent: (1) A person born outside India shall be a citizen of India by descent,- (a) on or after the 26th day of January, 1950, but before the 10th day of December, 1992, if his father is a citizen of India at the time of his birth; or (b) on or after the 10th day of December, 1992, if either amendment of this Constitution made under article (2) In this paragraph, a “reserved forest” means any of his parents is a citizen of India at the time of his 368.

73.
73.

Powers of the District Councils and Regional Councils to make laws: (1) The Regional Council for an area which is a reserved forest under the Assam birth: Forest Regulation, 1891, or under any other law for the Provided that if the father of a person referred to in time being in force in the area in question.
clause (a) was a citizen of India by descent only, that autonomous region in respect of all areas within such (3) All laws made under this paragraph shall be person shall not be a citizen of India by virtue of this region and the District Council for an autonomous submitted forthwith to the Governor and, until section unless- district in respect of all areas within the district except assented to by him, shall have no effect.
(a) his birth is registered at an Indian consulate within those which are under the authority of Regional Councils, if any, within the district shall have power to make laws with respect to— (a) the allotment, occupation or use, or the setting 8Section 3.
Citizenship by birth.-(1) Except as provided in sub-section (2), every person born in India- (a) on or after the 26th day of January, 1950, but before apart, of land, other than any land which is a reserved the 1st day of July, 1987; one year of its occurrence or the commencement of this Act, whichever is later, or, with the permission of the Central Government, after the expiry of the said period; or (b) his father is, at the time of his birth, in service 81 under a Government in India: was, or was deemed to be, a citizen of India at the of twelve months immediately before making an Provided further that if either of the parents of a commencement of the Constitution shall be deemed application for registration; and person referred to in clause (b) was a citizen of India to be a citizen of India by descent only.
by descent only, that person shall not be a citizen of (ii) he has resided in India during the eight years immediately preceding the said period of twelve India by virtue of this section, unless- (a) his birth is registered at an Indian consulate within 105.

Citizenship by registration.- (1) Subject to the provisions of this section and such other conditions months for a period of not less than six years.
Explanation 2.-For the purposes of this sub-section, a one year of its occurrence or on or after the 10th and restrictions as may be prescribed, the Central person shall be deemed to be of Indian origin if he, or day of December, 1992, whichever is later, or, with Government may, on an application made in this either of his parents, was born in undivided India or in the permission of the Central Government, after the behalf, register as a citizen of India any person not such other territory which became part of India after expiry of the said period; or being an illegal migrant who is not already such citizen the 15th day of August, 1947.]
(b) either of his parents is, at the time of his birth, in by virtue of the Constitution or of any other provision (1A) The Central Government, if it is satisfied that service under a Government in India: Provided also of this Act if he belongs to any of the following special circumstances exist, may after recording the that on or after the commencement of the Citizenship categories, namely:- circumstances in writing, relax the period of twelve (Amendment) Act, 2003(6 of 2004), a person shall not (a) a person of Indian origin who is ordinarily resident months, specified in clauses (f) and (g) and clause (i) be a citizen of India by virtue of this section, unless his in India for seven years before making an application of Explanation 1 of sub-section (1), up to a maximum of birth is registered at an Indian consulate in such form for registration; thirty days which may be in different breaks.]
and in such manner, as may be prescribed,- (b) a person of Indian origin who is ordinarily resident (2) No person being of full age shall be registered as a (i) within one year of its occurrence or the in any country or place outside undivided India; citizen of India under sub-section (1) until he has taken commencement of the Citizenship (Amendment) Act, (c) a person who is married to a citizen of India and the oath of allegiance in the form specified in the 2003(6 of 2004), whichever is later; or is ordinarily resident in India for seven years before Second Schedule.
(ii) with the permission of the Central Government, making an application for registration; (3) No person who has renounced, or has been after the expiry of the said period: (d) minor children of persons who are citizens of India; deprived of, his Indian citizenship or whose Indian Provided also that no such birth shall be registered (e) a person of full age and capacity whose parents citizenship has terminated, under this Act shall be unless the parents of such person declare, in such are registered as citizens of India under clause (a) of registered as a citizen of India under sub-section (1) form and in such manner as may be prescribed, that this sub-section or sub-section (1) of section 6; except by order of the Central Government.
the minor does not hold the passport of another (f) a person of full age and capacity who, or either (4) The Central Government may, if satisfied that country.
of his parents, was earlier citizen of independent there are special circumstances justifying such (1A) A minor who is a citizen of India by virtue of this India, and 3 [is ordinarily resident in India for twelve registration, cause any minor to be registered as a section and is also a citizen of any other country shall months] immediately before making an application for citizen of India.
cease to be a citizen of India if he does not renounce registration; (5) A person registered under this section shall be the citizenship or nationality of another country within (g) a person of full age and capacity who has a citizen of India by registration as from the date on six months of attaining full age.]
been registered as an 4 [Overseas Citizen of India which he is so registered; and a person registered (2) If the Central Government so directs, a birth shall Cardholder] for five years, and who 5 under the provisions of clause (b)(ii) of article 6 or be deemed for the purposes of this section to have [is ordinarily resident in India for twelve months] article 8 of the Constitution shall be deemed to be a been registered with its permission, notwithstanding before making an application for registration.
citizen of India by registration as from that its permission was not obtained before the Explanation 1.-For the purposes of clauses (a) and (c), the commencement of the Constitution or the date on registration.

(3) For the purposes of the proviso to sub-section an applicant shall be deemed to be ordinarily resident in India if- which he was so registered, whichever may be later.
[(6) If the Central Government is satisfied that (1), [any person] born outside undivided India who (i) he has resided in India throughout the period circumstances exist which render it necessary to 82 grant exemption from the residential requirement under clause (c) of sub-section (1) to any person or a 13Section 5.
Condition for a Hindu Marriage.- A marriage may be solemnized between any two ground that the other party- (i) has, after the solemnization of the marriage had class of persons, it may, for reasons to be recorded in Hindus, if the following conditions are fulfilled, namely: voluntary sexual intercourse with any person other writing, grant such exemption.].

(i) neither party has a spouse living at the time of the than his or her spouse; or 11Amendment of Section 2.
In the Citizenship Act, 1955 (hereinafter referred to as the principal Act), in section marriage; (ia) has, after the solemnization of the marriage, (ii) at the time of the marriage, neither party,- treated the petitioner with cruelty; or (a) is incapable of giving a valid consent of it in (ib) has deserted the petitioner for a continuous period 2, in sub-section (1), in clause (b), the following proviso consequence of unsoundness of mind; or of not less than two years immediately preceding the shall be inserted, namely:— (b) though capable of giving a valid consent has been presentation of the petition; or “Provided that any person belonging to Hindu, Sikh, suffering from mental disorder of such a kind or to (ii) has ceased to be a Hindu by conversion to another Buddhist, Jain, Parsi or Christian community from such an extent as to be unfit for marriage and the religion; or Afghanistan, Bangladesh or Pakistan, who entered into procreation of children; or (iii) has been incurably of unsound mind, or has India on or before the 31st day of December, 2014 and (c) has been subject to recurrent attacks of insanity or suffering continuously or intermittently from mental who has been exempted by the Central Government epilepsy; disorder of such a kind and to such an extent that the by or under clause (c) of sub-section (2) of section 3 (iii) the bridegroom has completed the age of twenty petitioner cannot reasonably be expected to live with of the Passport (Entry into India) Act, 1920 or from the one years and the bride the age of eighteen years at the respondent.
application of the provisions of the Foreigners Act, the time of the marriage; Explanation- In this clause- 1946 or any rule or order made thereunder, shall not be (iv) the parties are not within the degrees of prohibited (a) the expression “mental disorder” means mental treated as illegal migrant for the purposes of this Act;” relationship unless the custom or usage governing illness, arrested or incomplete development of each of them permits of a marriage between the two; mind, psychopathic disorder or any other disorder or 12Form of application for naturalisation: (1) An application for a certificate of naturalisation shall (v) the parties are not sapindas of each other, unless disability of mind and include schizophrenia; the custom or usage governing each of them permits (b) the expression “psychopathic disorder” means be made in Form XII to the Collector within whose of a marriage between the two jurisdiction the applicant is ordinarily resident and the Collector shall transmit every such application to the Central Government through the State Government along with his report.
14Section 7.

Ceremonies for a Hindu marriage.-(1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either a persistent disorder or disability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party and whether or not it requires or is susceptible to (2) Such application shall be accompanied by party thereto.
medical treatment; or (i) duty stamped affidavits from the applicant and two (2) Where such rites and ceremonies include the (iv) has been suffering from a virulent and incurable respectable Indian citizens testifying to the character saptapadi (that is, the taking of seven steps by the form of leprosy; or of the applicant and the correctness of the statements bridegroom and the bride jointly before the sacred (v) has been suffering from veneral disease in a made in the application; and fire), the communicable form; or (ii) a certificate to the effect that the applicant has marriage becomes complete and binding when the (vi) has renounced the world by entering any religious an adequate knowledge of one of the languages seventh step is taken.
order; or specified in the Eighth Schedule to the Constitution.

Explanation.-An applicant shall be considered to have adequate knowledge of the concerned language 1513.
Divorce- (1) Any marriage solemnized, whether before or after the commencement of the Act, may, (vii) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive; if he can speak or understand or read or write that on a petition presented by either the husband or Explanation.- In this sub-section, the expression language.
the wife, be dissolved by a decree of divorce on the “desertion” means the desertion of the petitioner by 83 the other party to the marriage without reasonable or than six months after the date of the presentation of cause and (iii) that in a suit under Section 18 of the Hindu the petition referred to in sub-section (1) and not later without the consent or against the wish of such party, Adoptions and Maintenance Act, (78 of 1956), or in a than and includes the willful neglect of the petitioner by proceeding under Section 125 of the Code of Criminal eighteen months after the said date, if the petition is the other party to the marriage, and its grammatical variations and cognate expression shall be construed Procedure, 1973, (Act 2 of 1974) or under corresponding Section 488 of the Code of Criminal Procedure, (5 of not withdrawn in the meantime, the Court shall, on being satisfied, after hearing the parties and after accordingly.
1898), a decree or order, as the case may be, has making (1-A) Either party to a marriage, whether solemnized been passed against the husband awarding such inquiry as it thinks fit, that a marriage has been before or after the commencement of this Act, may maintenance to the wife notwithstanding that she was solemnized and that the averments in the petition are also present a petition for the dissolution of the living apart and that since the passing of such decree true, pass a decree of divorce declaring the marriage marriage by a decree of divorce on the ground- or order, cohabitation between the parties has not to be dissolved with effect from the date of the (i) that there has been no resumption of cohabitation been resumed for one year or upwards; or decree.
as between the parties to the marriage for a period of (iv) that her marriage (whether consummated or one year or upwards after the passing of a decree for not) was solemnized before she attained the age of judicial separation in a proceeding to which they were fifteen years and she has repudiated the marriage 17Section 26.
Custody of children- In any proceeding under this Act, the Court may, from time to time, pass parties; or after attaining that age but before attaining the age of such interim orders and make such provisions in the (ii) that there has been no restitution of conjugal rights eighteen years.
decree as it as between the parties to the marriage for a period of Explanation.- This clause applies whether the may deem just and proper with respect to the one year or upward after the passing of a decree of marriage was solemnized before or after the custody, maintenance and education of minor restitution of conjugal rights in a proceeding to which commencement of the Marriage Law (Amendment) children, consistently with their wishes, wherever they were parties.

Act, 1976.
(2) A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground- 16Divorce by mutual consent.-(1) Subject to the provisions of this Act a petition for dissolution of possible, and may, after the decree, upon application by petition for the purpose, make from time to time, all such orders and provisions with respect to the custody, maintenance and (i) in the case of any marriage solemnized before marriage by a decree of divorce may be presented to education of such children as might have been the commencement of this Act, that the husband the District Court by both the parties to a marriage made by such decree or interim orders in case the had married again before the commencement or together, whether such marriage was solemnized proceedings for obtaining such decree were still that any other wife of the husband married before before or after the commencement of the Marriage pending, and such commencement was alive at the time of the Laws (Amendment) Act, 1976, on the ground that they the Court may also from time to time revoke, suspend solemnization of the marriage of the petitioner: have been living separately for a period of one year or vary any such orders and provisions previously Provided that in either case the other wife is alive at or more, that they have not been able to live together made.
the time of the presentation of the petition; and that they have mutually agreed that the marriage (ii) that the husband has, since the solemnization of should be dissolved.
18NHRC National Conference on Child Marriage, 2018 the marriage, been guilty of rape, sodomy or bestiality; (2) On the motion of both the parties made earlier 84 Social and Cultural Life 85 Article 13: CONSTITUTION: States Parties shall take all appropriate measures to eliminate discrimination against women in areas of economic and social life in order to ensure in particular: (a) The right to family benefits; (b) The right to bank loans, mortgages, and other forms of financial credit; (c) The right to participate in recreational activities, sports and all aspects of cultural life.1 Note 1: Aspects pertaining to family benefits (a) have been covered under Chapter- 8.
Note 2: Aspects pertaining to economic life (b) have been covered under Chapter- 4.

86 1.

A.

15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

(Supra: Chapter 1) 2.

A.

21: Protection of life and personal liberty.

- No person shall be deprived of his life or personal liberty except according to procedure established by law.

(Supra: Chapter 4) 3.

A.

29: Protection of interests of minorities.


(1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.

(2)..... (Supra: Chapter 4) 4.

A.
51A: Fundamental duties - It shall be the duty of every citizen of India— (a)...... (b)...... (c)...... (d)...... (e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women; (f) to value and preserve the rich heritage of our composite culture; G1: Confining the role of the Union Government to merely supplementing the efforts on sports and leaving the primary efforts completely on the State government has led to the uneven development of sports across the country and the non-emergence of sports as a national priority.
This in turn also adversely impacts the participation of women in sports.

[CEDAW A.

13(c)] R1: Transferring of the subject of sports from the List II - State List to the List III - Concurrent List in the Seventh Schedule may be considered.
Further, item sports be shifted from the present Constitutional place, where it is clubbed with entertainment and amusement as sports is a key instrument of youth development including that Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women (h) to develop the scientific temper, humanism and the spirit of inquiry and reform; of women.
(j)...... (k)...... 5.

Seventh Schedule (A.

246) List II - State List, Entry 33: Theatres and dramatic performances; cinemas subject to the provisions of entry 60 of List I; sports, entertainments and amusements.

6.

Eleventh Schedule (A.

243 G): Powers, authority and responsibilities of Panchayats - Entry 21: Cultural Activities 7.
Twelfth Schedule (Article 243W): Powers, authority and responsibilities of Municipalities: Entry 3: Planning for Economic and Social Development Entry 13: Promotion of Cultural, Educational, and Aesthetic Aspects LEGISLATIONS: 1.

Sati Prohibition Act, 1829 (Repealed); The Commission of Sati (Prevention) Act, 1987: The Act provides for effective prevention of commission of Sati (burning alive of widow on the funeral pyre of her husband) and its glorification.
For the glorification of Sati, punishment is imprisonment or fine.

2.

The Tamil Nadu Devadasis (Prevention of Dedication) Act, 1947 (and other State Acts): Prohibits the dedication of girls as Devadasis.

(Supra: Chapter 2) 3.


The Prohibition of Child Marriage Act, 2006: Provides for G2: Women face several constraints in sports than men2 including gender pay gap3,4 bias in receiving sports awards and difference in prize money, absence of family support, lack of training facilities, lack of provision for dietary allowance, issues related to sexual harassment and the absence of sexual harassment complaints committees, etc.5 [CEDAW A.

13(c)] R2: Discrimination in pay and prize money should be removed.
Awareness should be created at school-level to promote women in sports; adequate training and dietary allowance should be ensured to women.

Safe workplace including effective implementation of POSH Act.
87 Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women prohibition of solemnization of child marriage.

(Supra: Chapter 6) POLICIES : 1.


The SO975(E) by the Ministry of Information and Broadcasting notified Women’s sporting events including Women’s Hockey and Women’s Tennis as sporting events of national importance.

2.

National Sports Development Code, 2011: Apart from other aspects, the Code promotes sport for men and women and holding of regular national championships in all categories both for men and women.

3.
3.

National Sports Policy, 1984/2001: The National Sports Policy aims to pursue inclusion of “Sports” in the Concurrent List of the Constitution of India and introduction of appropriate legislation for guiding all matters involving national and inter-state jurisdiction.

The policy aims at enhancement of the participation of women in sports.

4.
4.

National Youth Policy, 2013: Youths are defined as persons in the age group of 13 to 35 years; the policy recognizes four thrust areas in which Gender Justice is one of them.

5.

Khelo India (National Sports): National Programme for development of sports inter-alia includes a dedicated vertical ‘sports for women’ which provides for financial assistance for holding sports competition for women.
Under the Talent Search & Development vertical of Khelo India Scheme, 1344 women Khelo India athletes have been supported out of the total 2741 athletes G3: The functioning of Law enforcement Agencies in certain States in the name of preserving cultural values violates the rights of women to access public spaces and partake in social and cultural expression towards their partner.
This violates their right to life & personal liberty, results in stigma, loss of mobility, community backlash, and forced marriage to restore honour.

[CEDAW A.

13(c)] R3: The State Parties should ensure an enabling environment where women are free to access public spaces and have the freedom of social and cultural expression.

Article 14: 1.
Article 14: 1.

States Parties shall take 88 Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women with a vision to include sports culture and achieve sporting excellence through mass participation of women in sports.

6.
6.

Online training programme exclusively for women Physical Education Teachers and Community Coaches, an initiative which is a convergence of the Beti Bachao, Beti Padhao (MoWCD) and Fit India by Ministry of Youth Affairs and Sports (MoYA) programmes launched on 8th March 2021, aims to empower women teachers in primary, secondary and senior secondary schools by giving them fitness training so that they can, in turn, empower students, especially the girl child.

7.
7.

Ministry of Youth Affairs and Sports constituted a committee to look into the complaints regarding “Sexual Harassment of women at work place” to ensure safety of women in sports.

8.

NITI Aayog’s National Coaching Scheme especially encourages women in sports.

JUDGEMENTS: 1.
JUDGEMENTS: 1.

Indian Young Lawyers’ Association v. State of Kerala (Sabarimala case - (2019) 11 SCC 1: The Supreme Court declared unconstitutional the Sabarimala Temple’s custom of prohibiting women in their ‘menstruating years’ from entering the temple.

Presently this judgement is under Review before the SC.

2.

Independent Thought v. Union of India, (2017) 10 SCC (800): SC held a man having sexual intercourse with his wife who is below the ae of 18 years will be guilty of committing rape.
89 Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women 3.

Gaurav Gupta v. State of Uttar Pradesh, Allahabad High Court (P.I.L.

CIVIL No.
CIVIL No.

- 6779 of 2017): Petition was filed praying that guidelines should be prepared to ensure that police do not commit excesses so as to invade the private rights of couples or adults that are suspiciously viewed by the police to be indulging in any unauthorised or unlawful act by exhibiting knee-jerk reactions in the name of Anti-Romeo squads.

Court ordered that available guidelines should be followed by the Anti-Romeo squad while functioning.

The order was widely criticized.
90 Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women 1Article 13: States Parties shall take all appropriate measures to eliminate discrimination against women in other areas of economic and social life in order to ensure, on a basis of equality of men and women, the same rights, in particular: (a) The right to family benefits; (b) The right to bank loans, mortgages and other forms of financial credit; (c) The right to participate in recreational activities, sports and all aspects of cultural life.
2NCW REPORT: Gender Issue in Sports http:// ncwapps.nic.in/pdfReports/Gender%20Issue%20 in%20Sports.pdf 3India closer to egalitarian play: A look at women in sports, KhelAdhikar, 2018 (https://thebridge.in/law- in-sports/india-closer-egalitarian-play-look-women- sports/) 4Global Sports Salaries Survey, 2017 (https:// globalsportssalaries.com/GSSS%202017.pdf ) 5Dr.

Deepti Kohli, 2017.
Deepti Kohli, 2017.

Gender Discrimination in Sports : Depleting Respect of Women Players in India 91 Women in Rural Areas 92 Article 14: States Parties shall take 1. into account the problems faced by rural women and recognize their contribution in their family’s economic survival and their work in the non-monetized sectors.

And ensure the application of the present Convention to women in rural areas.

2.
2.

States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas.

Further, ensure to such women the right to: a.

Participate in the elaboration and implementation of development planning at all levels; b.
Adequate health care facilities including family planning services; In India, land and agriculture-related entitlements pertaining to rural women, including their work conditions and wages, are governed by laws as per the Constitutional framework including the Seventh Schedule (Distribution of powers between Union & States to make laws) and the Eleventh Schedule(Powers of Panchayats), which provides for a federal structure and decentralized governance.
In view of India’s diverse spatial habitat, the Constitution of India has incorporated the Fifth Schedule (Administration of Scheduled Areas & Scheduled Tribes) and the Sixth Schedule (Administration of Tribal Areas in specific States) to protect, restrict, and govern the rights of specific groups in identified areas.

This section discusses issues pertaining to rural women including tribal women, women belonging to Scheduled Caste.

CONSTITUTION: 1.

A.
31A: Saving of laws putting restrictions on the acquisition of estates, etc., (Estate includes any land held for purpose of agriculture (2)(a) ‘Estate’ shall include: (iii) any land held or let for purposes of agriculture or for purposes ancillary thereto, including waste land, forest land, land for pasture or sites of buildings and other structures occupied by cultivators of land, agricultural labourers and village artisans.2 G1 & R1: Poor health status of rural women especially maternal mortality rate (MMR).
[CEDAW A.

14(2)(b)] (Supra: Chapter 5) G2: The wage disparity between men and women in rural parts of the country has increased.

[CEDAW A.

11(1)(d) & 14(2)] R2: The law of equal pay for equal work should be implemented in letter and spirit.

G3: Child Marriage: As per NFHS-5 data, child marriage is more prevalent in rural areas than in urban areas.

This results in early school drop-out, early pregnancy and other health issues, exposure to domestic violence, etc.

[CEDAW A.
14(1) & 16(2)] R3: State parties should spread awareness about the 93 Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women c. Benefit directly from social security programmes; d. Obtain all types of training and education to increase their technical proficiency; e. Organize self-help groups and co-operatives, in order to obtain equal access to economic opportunities through employment/ self- employment; f. Participate in all community activities; g. Have access to agricultural credit and loans, marketing facilities, appropriate technology, equal treatment in land and agrarian reforms, land resettlement schemes.
h. Enjoy adequate living conditions in relation to housing, sanitation, electricity and water supply.1 94 2.

A.

323B: Tribunals for other matters.3 Provides for establishment of tribunals to deal with disputes of acquisition of any estate by the State.

3.

A.

40: Organisation of village panchayats: States to take steps to organise village panchayats and endow such power and authority to enable them to function as units of self-government.4 4.

A.
43: Living wage, etc., for workers: State shall endeavour to secure by suitable legislation, living wage, etc., for workers.—The State shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or co- operative basis in rural areas.5 5.
A.

43B: Promotion of co-operative societies.—The State shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies.6 6.

A.
46:Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections: The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of prohibition of child marriage and ensure strict compliance of these law, promote education, skill development, and employment opportunities for girls.
G4: Gender digital divide is particularly wide for rural women.

The NFHS-5 reveals that there is a significant digital divide in the country, with rural women least likely to have internet access.

[CEDAW A.

14(2)(d) & 14(2) (h)] R4: State Parties to improve digital infrastructure in rural areas to ensure that women are not discriminated against in accessing the same.

Women focussed training with awareness about the dangers of the digital world should be imparted.
ASK TYAGI SIR Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women Note 1: “Health” has also been specifically dealt with in Chapter- 5.

Note 2: “Marriage” has also been specifically dealt with in Chapter - 6.
Note 3: Issues related to education and employment of women in rural areas have also been dealt with in Chapter 4.

95 exploitation.7 7.

A.

48: Organisation of agriculture and animal husbandry—The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle.8 8.

A.
A.

243D: Reservation of seats for women in Panchayats.

(Supra: Chapter 3) LEGISLATIONS: 1.

Hindu Succession Act, 1956 Section 4: has been amended in 2005 by omitting S 4(2) of • Hindu Succession Act (which prevented application of HSA to the fragmentation of agriculture holdings).

Succession to agricultural land (which apply to all irrespective • of their religion), is governed by State laws.

However, the laws of several States deny women the right to own/ inherit agricultural land.
After the amendment of 2005, some states like Karnataka, Andhra Pradesh, Tamil Nadu, and Maharashtra have equalized the inheritance rights of women for agricultural (rural) lands and extends coparcenary rights at birth to daughters.

Land tenure and usage rights: Each State has its own laws on 2. land holding & tenancy, agriculture, mortgages, land usage rights and ownership of agricultural land.

Women are generally not recognized as tenants as per the definition in these laws.
G5: Violence against women particularly community sanctioned violence (Khap panchayat, branding and witch hunting) is still prevalent in rural areas and targets mainly women belonging to SC/ST communities.

[CEDAW A.

14(1)] R5: State Parties to take strict penal action against the perpetrators to deter public from committing such acts.

Awareness about the rights of women, accessible justice delivery system including One Stop Centres (OSCs)9 in rural areas.
Gender and caste sensitization programmes for the police personnel especially in the rural areas should be conducted.

G6: MGNREGA i.

The Act provides for Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women 3.
Amongst tribals, customary laws largely recognize only usufructuary rights of unmarried daughters.

4.

Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), 2005: Promises 100 days work to all rural households.

At least one-third beneficiaries shall be women under clause 6 of Schedule II drafted under S. 5 of the Act.

(Supra: Chapter 4) 5.

Recently, the Uttarakhand Government has brought an ordinance to give co-ownership rights to women in their husband’s ancestral property.
Through the ordinance, government aims to provide economic independence to women – who are left behind in the hills and are solely dependent on agriculture to meet their financial needs.

The amendment made to the Uttarakhand Zamindari Abolition • and Land Reforms Act (??)

is likely to impact around 35 lakh women in the State.

In the revenue records, the name of the wife would be now mentioned as a co-owner.

6.
6.

The Indian Shariat Act, 1937 The Indian Shariat Act, 1937 gives women the right to inherit property except the right to inherit agricultural land.

7.

National Co-operative Development Corporation Act, 1962 (NCDC Act).

The objectives of the NCDC Act are to plan and promote programmes for the production, processing, marketing, storage, export and import of agricultural produce, foodstuffs, industrial goods, livestock, certain other commodities and services on co-operative principles.
crèches at the sites; very few crèches are functional at the work-sites.

ii.

Water & Sanitation facilities are not adequate on the sites.

100 days of wages is not iii.

sufficient to sustain a family; delayed payment of wages is also quite prevalent.

[CEDAW A.

11(1)(f) & A.

11(2)(c) & A.

14] R6: Functional creches i. should be established at the sites in compliance of the Act.

ii.

Wage rate and days of work under MGNREGA should be increased.

Payment should be made in a timely manner.

iii.


Women should have access to the wages in their own or joint bank accounts.

96 Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women 8.
Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989: An Act to prohibit discrimination, prevent atrocities, and hate crimes against scheduled castes and scheduled tribes.

POLICIES: 1.

Five Year Plans a.

The 1980-1985: Sixth Five Year Plan, provided for joint titles to spouses; however, this policy was not confirmed in the 1985-1990 Seventh Five Year Plan.

b.
b.

In the 1992-1997: Eighth Plan, 40 percent of forfeited land was allocated to women, and the remaining land to both spouses through joint titles.

c. The 1997-2002: Ninth Plan had a women’s land rights section and provided for land titles mainly distributed to women through women’s groups or individually.
d. The 2002-2007: Tenth Five Year Plan recommended concessions to female property buyers when they registered to ensure effective implementation of land reform legislations setting a ceiling so as to guarantee the distribution of surplus land to women.

e. The 2007-2012: Eleventh Five Year Plan aims at ensuring effective and independent land rights for women and strengthening women’s agricultural capacities.
G7: Despite omission of Section 4 (2) of HSA which denied women succession of agriculture lands, many States are still continuing with the agriculture laws which deny women to succeed in agriculture holdings.

E.g.

U.P.

Also, tribal & customary practices largely deprive married daughters to inherit agriculture lands.

[CEDAW A.

14(2)(g) & A.

16(1)(h)] R7: All the States must equalize the inheritance rights of women for agricultural lands, irrespective of their marital status.
G8: The Indian Shariat Act, 1937, excludes inheritance of agricultural land by women.

[CEDAW A.

14(2)(g)] R8: Inheritance of agricultural land by women, should be 97 Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women included in the Indian Shariat Act.
General Recommendation: Impact assessment of Mahila Kisan Sashaktikaran Pariyojana, Kudumbashree & National Gender Resource Centre be done.

2.

National Rural Livelihood Mission: It is a poverty alleviation project by the Government of India that began in 2011.

This scheme aims to promote the self-employment of the rural poor.

The idea is to organize the poor into a Self Help Group for self-employment.

It comes under the Ministry of Rural Development.


The World Bank finances this scheme as it is one of the largest schemes working for rural poor.

Deen Dayal Antyodaya Yojana took over it in 2015.

Swamitva Yojana: Swamitva Yojana is a Government scheme 3. to encourage land ownership in rural areas with use of modern technology.

The Panchayati Raj Ministry of the Union Government is responsible for this scheme management.

Panchayati Raj Day, 2020 saw the launch of this scheme.
The reason is many villagers don’t have a paper to prove their land.

This scheme is to provide them ownership rights.

4.

The National Policy on Farmers, 2007 accords priority to ‘Recognition and Mainstreaming of Women’s role in Agriculture’ and highlights incorporation of ‘Gender Issues’ in the agricultural development agenda.

5.
5.

The National Gender Resource Centre in Agriculture (NGRCA) set up in the Department of Agriculture, Cooperation & Farmers Welfare, Ministry of Agriculture & Farmers Welfare, endeavours that the policies and programmes in agriculture are fully engendered & promote the national commitment to empowerment of women.
98 Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women 6.
Schemes for rural women / women in agriculture • Mahila Kisan Sashaktikaran Pariyojana launched in 2011 to help & extend support to women farmers who make up for one-third of the agricultural labour and almost a half of the self-employed farmers.
Kudumbashree ( under the State Poverty Eradication Mission • (SPEM) of Kerala): Since 2006, Kerala has introduced collective farming on fallow farmland taken on informal lease by groups of women organized with the support of Panchayats and joint liability groups of women farmers.

These groups are formed under the collective farming initiative to help women cultivators access agricultural loans/ credit from the banking system.

(SELF-HELP GROUPS) JUDGMENTS: 1.


Madhu Kishwar v. Union of India – Tribal & Agricultural rights of Women (1996) SCC (5) 125: Madhu Kishwar v. State of Bihar (1996) 5.

SCC 125): SC held that the exclusive right of male succession conceived in Sections 7 and 8 of the Chotanagpur Tenancy Act, 1908 would remain suspended animation as long as the right of livelihood of the female descendants of the last male holder remained valid and in vogue.

2.
2.

Nirmala v. State of NCT Delhi, right of daughter in agricultural land in India LQ/DelHC/2020/153 : Delhi HC, declared the part of Land Laws of Delhi as void, as the same disentitled daughters from 99 Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women Succeeding agricultural lands.
3.

Devika Biswas v. Union of India (Writ Petition (C) No.

95 of 2012): It was a public interest petition concerning the sterilization of women in the accredited centers, under the State Governments.

The SC emphasized that sterilization related deaths were a direct consequence of poor quality of health care services and therefore, there was a need to invest more monetary and human resources in the National Rural Health Mission.
PANCHAYAT RELATED JUDGMENTS: Suresh Balkrishna Pogale v. State of Maharashtra (W.P.

No.

• 3720 of 2001): Section 30(4)(c) of the Bombay Village Panchayats Act.

The Court held that appointing a male candidate in place of a women candidate in absence of unavailability of a woman candidate amounted to de-reservation of the post of Sarpanch and consequently frustrated the very intention of the legislature.
• Rajbala v. State of Haryana ((2016) 1 SCC 463): The Supreme Court upheld the constitutional validity of the Haryana Panchayati Raj (Amendment) Act, which stipulated that individuals contesting panchayat elections must have at least passed Class 10 (Class 8 for Dalit candidates).
100 Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women ANGANWADI WORKERS: • Vaishnorani Mahila Bachat v. State of Maharashtra (2019 SCC Online SC 353): The judges ruled that the Government should take steps to ensure that the self-help groups/Mahila Mandals and such other similar organizations were allowed to meaningfully participate in providing food to the Anganwadi Centres tenders.
State of U. P. and Ors.
vs. Sushila (09.04.2008 - SC Order): • MANU/SCOR/00030/2008: Payment of minimum wages to voluntary workers who clean centre and help Auxiliary Nurse Midwife (ANM) at the time of delivery of pregnant woman in Mother and Child Welfare Center 101 Article(s) of the CEDAWProvisions in the Constitution of India, Legislations,Policies, Reports, and JudgementsGaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)Convention on the Elimination of All Forms of Discrimination Against Women 1Article 14 1.
States Parties shall take into account the particular 2A.
31A: Saving of laws putting restrictions on acquisition of estates, etc., structure standing thereon or appurtenant thereto, unless the law relating to the acquisition of such problems faced by rural women and the significant (1) Notwithstanding anything contained in Article 13, land, building or structure, provides for payment of roles which rural women play in the economic survival no law providing for – compensation at a rate which shall not be less than the of their families, including their work in the non- monetized sectors of the economy, and shall take all (a) the acquisition by the State of any estate or of any rights therein or the extinguishment or modification of market value thereof.]
(2) In this article,— appropriate measures to ensure the application of the any such rights, or (a) the expression “estate” shall, in relation to any local provisions of the present Convention to women in rural (b) the taking over of the management of any property area, have the same meaning as that expression or its areas.

by the State for a limited period either in the public local equivalent has in the existing law relating to land 2.
States Parties shall take all appropriate measures to interest or in order to secure the proper management tenures in force in that area and shall also include— eliminate discrimination against women in rural areas of the property, or (i) any jagir, inam or muafi or other similar grant and in order to ensure, on a basis of equality of men and (c) the amalgamation of two or more corporations in the States of 1[Tamil Nadu] and Kerala, any janmam women, that they participate in and benefit from rural either in the public interest or in order to secure the right; (ii) any land held under ryotwari settlement; development and, in particular, shall ensure to such proper management of any of the corporations, or (iii) any land held or let for purposes of agriculture women the right: (d) the extinguishment or modification of any rights or for purposes ancillary thereto, including waste (a) To participate in the elaboration and of managing agents, secretaries and treasurers, land, forest land, land for pasture or sites of buildings implementation of development planning at all levels; managing directors, directors or managers of and other structures occupied by cultivators of land, (b) To have access to adequate health care facilities, corporations, or of any voting rights of shareholders agricultural labourers and village artisans;] including information, counselling and services in thereof, or (b) the expression “rights”, in relation to an estate, family planning; (e) the extinguishment or modification of any rights shall include any rights vesting in a proprietor, sub- (c) To benefit directly from social security accruing by virtue of any agreement, lease or licence proprietor, under-proprietor, tenure-holder, 2[raiyat, programmes; for the purpose of searching for, or winning, any under-raiyat]or other intermediary and any rights or (d) To obtain all types of training and education, mineral or mineral oil, or the premature termination or privileges in respect of land revenue.
formal and non-formal, including that relating to cancellation of any such agreement, lease or licence, functional literacy, as well as, inter alia, the benefit shall be deemed to be void on the ground that it is of all community and extension services, in order to inconsistent with, or takes away or abridges any of the 3323B.
Tribunals for other matters.—(1) The appropriate Legislature may, by law, provide for the adjudication increase their technical proficiency; rights conferred by [article 14 or article 19]: or trial by tribunals of any disputes, complaints, or (e) To organize self-help groups and co-operatives [Provided that where such law is a law made by the offences with respect to all or any of the matters in order to obtain equal access to economic Legislature of a State, the provisions of this article specified in clause (2) with respect to which such opportunities through employment or self shall not apply thereto unless such law, having been Legislature has power to make laws.
employment; reserved for the consideration of the President, has (2) The matters referred to in clause (1) are the (f) To participate in all community activities; received his assent:] following, namely:— (a) levy, assessment, collection (g) To have access to agricultural credit and loans, [Provided further that where any law makes any and enforcement of any tax; marketing facilities, appropriate technology and equal provision for the acquisition by the State of any estate (b) foreign exchange, import and export across treatment in land and agrarian reform as well as in land and where any land comprised therein is held by a customs frontiers; (c) industrial and labour disputes; resettlement schemes; person under his personal cultivation, it shall not be (d) land reforms by way of acquisition by the State of (h) To enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water lawful for the State to acquire any portion of such land as is within the ceiling limit applicable to him under any estate as defined in article 31A or of any rights therein or the extinguishment or modification of any supply, transport and communications.
any law for the time being in force or any building or such rights or by way of ceiling on agricultural land or 102 in any other way; (e) ceiling on urban property; the jurisdiction of the said tribunals; workers, agricultural, industrial or otherwise, work, (e) provide for the transfer to each such tribunal of any a living wage, conditions of work ensuring a decent (f) elections to either House of Parliament or the cases pending before any court or any other authority standard of life and full enjoyment of leisure and social House or either House of the Legislature of a State, immediately before the establishment of such and cultural opportunities and, in particular, the State but excluding the matters referred to in article 329 and article 329A; tribunal as would have been within the jurisdiction of such tribunal if the causes of action on which such shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas.
(g) production, procurement, supply and distribution suits or proceedings are based had arisen after such of food-stuffs (including edible oilseeds and oils) and establishment; such other goods as the President may, by public (f) contain such supplemental, incidental and 6Article 43B: Promotion of co-operative societies.— The State shall endeavour to promote voluntary notification, declare to be essential goods for the consequential provisions (including provisions as formation, autonomous functioning, democratic purpose of this article and control of prices of such to fees) as the appropriate Legislature may deem control and professional management of co-operative goods; necessary for the effective functioning of, and for the societies.]
1[(h) rent, its regulation and control and tenancy issues speedy disposal of cases by, and the enforcement of including the right, title and interest of landlords and the orders of, such tribunals.
tenants;] (4) The provisions of this article shall have effect 7Article 46: Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and 2[(i)] offences against laws with respect to any of the notwithstanding anything in any other provision of this other weaker sections.—The State shall promote with matters specified in sub-clauses (a) to 3[(h)] and fees Constitution or in any other law for the time being in special care the educational and economic interests of in respect of any of those matters; force.
the weaker sections of the people, and, in particular, 2[(j)] any matter incidental to any of the matters Explanation.—In this article, “appropriate Legislature”, of the Scheduled Castes and the Scheduled Tribes, specified in sub-clauses (a) to 4[(i)].

(3) A law made in relation to any matter, means Parliament or, as the and shall protect them from social injustice and all under clause (1) may— case may be, a State Legislature competent to make forms of exploitation.
(a) provide for the establishment of a hierarchy of laws with respect to such matters in accordance with tribunals; (b) specify the jurisdiction, powers (including the power to punish for contempt) and authority the provisions of Part XI.]
4Organisation of village panchayats.—The State shall take steps to organise village panchayats and endow 8Article 48: Organisation of agriculture and animal husbandry.—The State shall endeavour to organise agriculture and animal husbandry on modern and which may be exercised by each of the said tribunals; them with such powers and authority as may be scientific lines and shall, in particular, take steps for (c) provide for the procedure (including provisions as to necessary to enable them to function as units of self- preserving and improving the breeds, and prohibiting limitation and rules of evidence) to be followed by the government.
the slaughter, of cows and calves and other milch and said tribunals; draught cattle.

(d) exclude the jurisdiction of all courts, except the jurisdiction of the Supreme Court under article 136, 5Article 43.

Living wage, etc., for workers.—The State shall endeavour to secure, by suitable legislation or with respect to all or any of the matters falling within economic organisation or in any other way, to all 9 One stop centres where all the facilities are available under one roof.
103 Procedural Aspect of Implementation of CEDAW 104 Article(s) of the CEDAW Summary of the Articles Article 171 Article 182 Deals with establishment of a Committee for considering progress made in implementation of CEDAW.

The article gives details about the procedure for election of Committee members.

State Parties undertake to submit reports to the Secretary-General of the United Nations for consideration by the Committee.

Article 193 The Committee to adopt its own rules of procedure.
Article 204 Article 215 Article 226 Article 237 Article 248 Article 259 Committee to meet for a period of not more than 2 weeks annually in order to consider the reports submitted.

The Committee through Economic and Social council reports annually to the General Assembly of the United Nations on its activities and may make suggestions and general recommendations based on examination of reports.

Secretary General of UN to transmit the reports of the Committee to the Commission on the Status of Women.
The Committee can invite specialized agencies to submit reports on the implementation of the Convention.

Nothing in the present Convention to affect any provisions that are more conducive to the achievement of equality between men and women.

State Party to undertake to adopt all measures aimed at achieving the full realization of the rights recognized in this Convention.

Deals with signature, ratification and accession of the Convention by States.
Article 2610 Deals with the procedure to be followed by States seeking revision of the Convention.

105 Article(s) of the CEDAW Summary of the Articles Article 2711 Deals with procedure for coming into force of the Convention after ratification or accession by the States.

Article 2812 Article 2913 Article 3014 Secretary-General of the United Nations to receive and circulate to all States the text of Reservation made by the States at the time of ratification or accession.
Any dispute between two or more State Parties concerning interpretation or application of Convention to be referred to arbitration or International Court of Justice as the case may be.

The Arabic, Chinese, English, French, Russian, and Spanish texts of the Convention to be deposited with the Secretary-General of the United Nations.
Note: As per the information available on the website of the Ministry of External Affairs, the Combined Fourth and Fifth Periodic Report on CEDAW in respect of India was submitted in 2012, but the Commission could not find any further information about the submission of any Periodic Report thereafter.

Being the signatory to the CEDAW, the Government of India should take all the measures to submit the Periodic Reports on time.
The submission of Periodic Reports on time will help in identifying the gaps in the implementation of CEDAW and would also help the Government in taking timely corrective measures.

106 1Article 17 1.

For the purpose of considering the progress made in present and voting.

State concerned; 5.

The members of the Committee shall be elected (b) Thereafter at least every four years and further the implementation of the present Convention, there for a term of four years.
However, the terms of nine of whenever the Committee so requests.

shall be established a Committee on the Elimination of the members elected at the first election shall expire 2.
Reports may indicate factors and difficulties Discrimination against Women (hereinafter referred to as the Committee) consisting, at the time of entry at the end of two years; immediately after the first election the names of these nine members shall be affecting the degree of fulfilment of obligations under the present Convention.

into force of the Convention, of eighteen and, after chosen by lot by the Chairman of the Committee.

ratification of or accession to the Convention by the 6.
The election of the five additional members of thirty-fifth State Party, of twenty-three experts of the Committee shall be held in accordance with the 3Article 19 1.

The Committee shall adopt its own rules of high moral standing and competence in the field provisions of paragraphs 2, 3 and 4 of this article, procedure.

covered by the Convention.

following the thirty-fifth ratification or accession.

The 2.
The 2.

The Committee shall elect its officers for a term of The experts shall be elected by States Parties from terms of two of the additional members elected on two years.

among their nationals and shall serve in their personal this occasion shall expire at the end of two years, the capacity, consideration being given to equitable names of these two members having been chosen by geographical distribution and to the representation lot by the Chairman of the Committee.

4Article 20 1.
4Article 20 1.

The Committee shall normally meet for a period of of the different forms of civilization as well as the 7.

For the filling of casual vacancies, the State Party not more than two weeks annually in order to consider principal legal systems.

whose expert has ceased to function as a member the reports submitted in accordance with article 18 of 2.

The members of the Committee shall be elected of the Committee shall appoint another expert from the present Convention.
by secret ballot from a list of persons nominated by among its nationals, subject to the approval of the 2.

The meetings of the Committee shall normally be States Parties.

Each State Party may nominate one Committee.

held at United Nations Headquarters or at any other person from among its own nationals.

8.

The members of the Committee shall, with convenient place as determined by the Committee.

3.
3.

The initial election shall be held six months after the the approval of the General Assembly, receive date of the entry into force of the present Convention.

emoluments from United Nations resources on such At least three months before the date of each election terms and conditions as the Assembly may decide, 5Article 21 1.
The Committee shall, through the Economic the Secretary-General of the United Nations shall having regard to the importance of the Committee’s and Social Council, report annually to the General address a letter to the States Parties inviting them responsibilities.

Assembly of the United Nations on its activities and to submit their nominations within two months.

The 9.
The 9.

The Secretary-General of the United Nations may make suggestions and general recommendations Secretary-General shall prepare a list in alphabetical shall provide the necessary staff and facilities for based on the examination of reports and information order of all persons thus nominated, indicating the the effective performance of the functions of the received from the States Parties.

Such suggestions States Parties which have nominated them, and shall Committee under the present Convention.
and general recommendations shall be included in the submit it to the States Parties.

report of the Committee together with comments, if 4.

Elections of the members of the Committee shall be held at a meeting of States Parties convened by the 2Article 18 1.

States Parties undertake to submit to the Secretary- any, from States Parties.

2.

The Secretary-General of the United Nations Secretary-General at United Nations Headquarters.
General of the United Nations, for consideration by shall transmit the reports of the Committee to At that meeting, for which two thirds of the States the Committee, a report on the legislative, judicial, the Commission on the Status of Women for its Parties shall constitute a quorum, the persons elected administrative or other measures which they have information.
to the Committee shall be those nominees who obtain the largest number of votes and an absolute majority adopted to give effect to the provisions of the present Convention and on the progress made in this respect: of the votes of the representatives of States Parties (a) Within one year after the entry into force for the 6Article 22 The specialized agencies shall be entitled to 107 be represented at the consideration of the implementation of such provisions of the present Convention as fall within the scope of their activities.
10Article 26 1.

A request for the revision of the present Convention 13Article 29 1.
Any dispute between two or more States Parties concerning the interpretation or application of the The Committee may invite the specialized agencies may be made at any time by any State Party by means present Convention which is not settled by negotiation to submit reports on the implementation of the Convention in areas falling within the scope of their of a notification in writing addressed to the Secretary- General of the United Nations.

shall, at the request of one of them, be submitted to arbitration.
If within six months from the date of the activities.

2.

The General Assembly of the United Nations shall request for arbitration the parties are unable to agree decide upon the steps, if any, to be taken in respect of on the organization of the arbitration, any one of those 7Article 23 Nothing in the present Convention shall affect any provisions that are more conducive to the achievement of equality between men and women such a request.

11Article 27 1.
11Article 27 1.

The present Convention shall enter into force on parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.

2.
2.

Each State Party may at the time of signature or which may be contained: the thirtieth day after the date of deposit with the ratification of the present Convention or accession (a) In the legislation of a State Party; or Secretary-General of the United Nations of the thereto declare that it does not consider itself bound (b) In any other international convention, treaty or twentieth instrument of ratification or accession.

by paragraph I of this article.


The other States Parties agreement in force for that State.

2.

For each State ratifying the present Convention shall not be bound by that paragraph with respect to 8Article 24 States Parties undertake to adopt all necessary or acceding to it after the deposit of the twentieth any State Party which has made such a reservation.

instrument of ratification or accession, the Convention 3.
Any State Party which has made a reservation in shall enter into force on the thirtieth day after the date accordance with paragraph 2 of this article may at any measures at the national level aimed at achieving the of the deposit of its own instrument of ratification or time withdraw that reservation by notification to the full realization of the rights recognized in the present accession.

Secretary-General of the United Nations.

Convention.

9Article 25 1.


The present Convention shall be open for signature 12Article 28 1.

The Secretary-General of the United Nations 14Article 30 The present Convention, the Arabic, Chinese, English, shall receive and circulate to all States the text of French, Russian and Spanish texts of which are equally by all States.

reservations made by States at the time of ratification authentic, shall be deposited with the Secretary- 2.

The Secretary-General of the United Nations or accession.
General of the United Nations.

IN WITNESS WHEREOF is designated as the depositary of the present 2.

A reservation incompatible with the object and the undersigned, duly authorized, have signed the Convention.

purpose of the present Convention shall not be present Convention.

3.

The present Convention is subject to ratification.

permitted.

Instruments of ratification shall be deposited with the 3.

Reservations may be withdrawn at any time by Secretary-General of the United Nations.
notification to this effect addressed to the Secretary- 15https://www.mea.gov.in/Speeches-Statements.

htm?dtl/23546/Opening_Statement_by_Mr_ 4.

The present Convention shall be open to accession General of the United Nations, who shall then inform Shankar_Aggarwal_Secretary_WCD_amp_Leader_ by all States.

Accession shall be effected by the all States thereof.
Such notification shall take effect on of_Delegation_of_India_at_the_FiftyEighth_Session_ deposit of an instrument of accession with the the date on which it is received.

of_the_UN_Committee_on_Convention_ Secretary-General of the United Nations.

108 109 Major recommendations of the Study 1 Action: Ministry of Home Affairs 3 Action: Ministry of Home Affairs G1: Women hold only 10.33% of seats in Lok Sabha (2019-2024) and 8.8% women in Rajya Sabha (2020).
During 2021, female MLAs in the State Legislative Assemblies were 8.5% and female candidates were 7.3%.

The data shows that there is a continued low representation of women in the upper echelons of law making.
[CEDAW A.3 and A.7(b)] R1: To improve the representation of women in the upper echelons of law-making, affirmative actions are required including the Women’s Reservation Bill or the Constitution (108th Amendment) Bill, 2008 to amend the Constitution of India to reserve 33 per cent seats for women in Lok Sabha, and in all State Legislative Assemblies need to be reintroduced.
G3: Although some of the legislations related to marriage have put minimum age of the bride and bridegroom as a condition for marriage but no legislation has specified that if the condition for the age of marriage has not been met, the marriage would be illegal or void ab initio.

[CEDAW A.

16(2)] R3: In compliance with Article 16 (2) of CEDAW, the marriages which do not adhere to the prescribed age of marriage should be declared illegal in all legislations relating to marriage.
2 Action: Ministry of Home Affairs 4 Action: Ministry of Home Affairs G2: India has separate legislations relating to marriage for different religions.

The age of marriage for bride is 18 years and bridegroom is 21 years (The Special Marriage Act, 1954) as the condition prescribing the age of marriage has not been uniformly provided in all legislations.

[CEDAW A.
[CEDAW A.

16(2)] R2: Endeavours should be made to have a uniform age of bride and bridegroom for marriage across various marriage related legislations for the bride as well as for the bridegroom.

G4: Although PCM Act prohibits child marriage, still legal framework dealing with marriage, rape and sexual assault on children have contradictory provisions because of which there remain challenges in effective implementation of PCM Act.

[CEDAW A.
[CEDAW A.

16(2)] R4: Contradictions in legal provisions dealing with marriage, rape and sexual assault on children should be removed.

Further, there should be a uniform law to deal with sexual intercourse with a wife who happens to be a child.

110 5 Action: Ministry of Home Affairs 7 Action: Ministry of Home Affairs G5: Several prevailing customs and practices that perpetuate discrimination against women are out of the purview of the legislative framework.
[CEDAW A.2 (f)] G7: As the establishment of AHTUs is by way of a scheme, the setting-up of AHTUs at the district level is not legally enforceable.

(CEDAW A.6) R5: Efforts should be made to discourage prejudices and eliminate customs and practices that discriminate against women by enacting appropriate legislation(s) and other necessary social measures.

R7: ITPA be amended to provide for the establishment of AHTUs at the district level as stated in the scheme.
6 Action: Ministry of Home Affairs 8 Action: Ministry of Parliamentary Affairs & Ministry of Home Affairs G6: Violence against women particularly community sanctioned violence (Khap panchayat, branding and witch hunting) is still prevalent in rural areas and targets mainly women belonging to SC/ST communities.

[CEDAW A.

14(1)] R6: State Parties to take strict penal action against the perpetrators to deter public from committing such acts.
Awareness about the rights of women, accessible justice delivery system including One Stop Centres (OSCs) in rural areas.

Gender and caste sensitization programmes for the police personnel especially in the rural areas should be conducted.

G8: Ineligibility and consequent disqualification of women to contest elections on the grounds of lack of educational qualification deprives women for no fault of theirs.

[CEDAW A.

7(a) and A.


7(b)] (Ref: Rajbala V/s State of Haryana) R8: As per 2020, only around 66% of women are literate in India as compared to 82% of men.

Considering the grass-root realities regarding the literacy of women, especially adult women, legislatures, need to be more sensitive in imposing disqualifying criteria on women in public life for lack of educational qualification till particular level of literacy of women is achieved.
111 9 Action: Ministry of External Affairs & Ministry of Home Affairs G9: Given the socio-cultural realities of India, only a few women get a chance to represent India at international levels or to work for international organisations.

The number of women representing the State at international level, including in delegations, postings, assignments, committees, commissions, multilateral agencies is also very low.
[CEDAW A.8] R9: State should take affirmative actions to ensure adequate representation of women at international level including participation in the work of international organizations.
10 Action: Ministry of External Affairs & Ministry of Home Affairs G10: As per the information available on the website of the Ministry of External Affairs, the Combined Fourth and Fifth Periodic Report on CEDAW in respect of India was submitted in 2012, but the Commission could not find any further information about the submission of any Periodic Report thereafter.

R10: Being the signatory to the CEDAW, the Government of India should take all the measures to submit the Periodic Reports on time.
The submission of Periodic Reports on time will help in identifying the gaps in the implementation of CEDAW and would also help the Government in taking timely corrective measures.

112 11 Action: Ministry of Law & Justice G11: Only father (not mother) is the natural guardian as per Section 6 of The Hindu Minority and Guardianship Act, 1956.

[CEDAW A.

16(1)(f)] R11: Mother should also be a natural guardian as is the father under the HAMA, 1956.
12 Action: Ministry of Law & Justice G12: Despite omission of Section 4 (2) of HSA which denied women succession of agriculture lands, many States are still continuing with the agriculture laws which deny women to succeed in agriculture holdings.

E.g.

U.P.

Also, tribal & customary practices largely deprive married daughters from inheriting agriculture lands.

[CEDAW A.

14(2)(g) & A.


16(1)(h)] R12: All the States must equalize the inheritance rights of women for agricultural lands, irrespective of their marital status.

13 Action: Ministry of Women and Child Development & State/UTs 15 Action: Ministry of Women and Child Development & State/UTs G13: Despite legislations ensuring equal opportunities for women, the unavailability of adequate and quality crèches for children of working women discourages them from joining workplaces.
[CEDAW A.3] R13 : Crèches for children should be ensured at/near the workplace/home to enable and encourage women to work.

G15: The scheme of One Stop Centres (OSCs) provides for a comprehensive response to gender-based violence faced by women most commonly by married women.

However, the ground-level realities indicate that the victims are unable to avail these facilities due to lack of awareness and accessibility of these centres.

[CEDAW A.
[CEDAW A.

16] R15: Awareness should be generated about the OSCs through mass media, Government institutions such as the Primary Health Centres, Anganwadi centres, etc.

Further, integrating the OSCs with the Women Helpline Number 181, formation of a taskforce for monitoring the functioning of OSCs as recommended by the NHRC in its workshops on OSCs held on September 26, 2017 and on December 29, 2020.
14 Action: Ministry of Women and Child Development & State/UTs 16 Action: Ministry of Women and Child Development & State/UTs G14: The Matru Vandana Yojana (Maternity Benefit Program), 2017, to support lactating mothers and pregnant women by compensating them for loss of wages during their pregnancy has been able to reach less than a third of the eligible beneficiaries.

Further, the benefit is restricted to only the first living child, thereby, excluding the majority of pregnant women in the country.
[CEDAW A.

12(2)] R14: The eligibility conditions stipulated for availing the benefits of the Matru Vandana Yojana (reproductive health services) should be made easier so as to ensure that the benefit reaches to all of its eligible beneficiaries.

Women should be given benefits for the first two live births as was provided under the previous maternity benefit scheme.

113 G16: There is no definition of ‘Victim’ in the ITPA.
Further, U/s 2(aa) of ITPA, ‘child’ means a person who has not completed the age of 16 years.

Further, U/s 2(cb) of ITPA, minor means a person who has completed the age of 16 years but has not completed the age of eighteen years.

[CEDAW A.6] R16: ‘Victim’ should be defined in the ITPA and the definition of ‘Victim’ as provided U/s 2(wa) of Cr.P.C may be followed.

While the definition of ‘child’ as provided u/s 2(12) JJ Act, 2015 i.e.
a ‘child’ means a person who has not completed 18 years of age should be uniformly followed both for child and minor in the ITPA.

Action: Ministry of Labour and Employment & Ministry of Women and Child Development & States/UTs 17 G17: States lack monitoring and regulating systems to prevent fake and fraudulent placement agencies due to which domestic workers, mainly women, get trafficked into commercial sexual exploitation and forced labour.
[CEDAW A.6] R17: The State Governments should put in place adequate monitoring and regulating systems to closely monitor the functioning of private placement agencies to prevent trafficking.

18 Action: Ministry of Labour & Employment & States/UTs G18: Over 90% of women are in the informal economy where regulatory frameworks are mostly absent as such POSH Act is poorly implemented, including the setting up of a Local Committee.

[CEDAW A.
[CEDAW A.

11(1)(f)] R18: Local Committee should be set up and POSH Act should be included in the Labour Codes.

114 19 Action: Ministry of Labour & Employment & States/UTs G19: It is a prevalent practice in private sector organisations to terminate pregnant women to avoid giving maternity benefits to them.

[CEDAW A.

11(2)(a)&(b)] R19: The Maternity Benefits Act should be uniformly and effectively implemented in both public and private sectors.
20 Action: Ministry of Labour & Employment & States/UTs G20: The Female Labour Force Participation Rate, i.e., the share of working women (who report either being employed or being available for work) has fallen to a historic low of 23.3% in 2017-18.

There is also a fall in work participation rates among rural women by 7 percentage points from 24.8% to 17.5%.

(PLFS data for 2017-18) [CEDAW A.


11(2)] R20: The State should encourage women participation in the workforce by taking affirmative actions like demystifying gender stereotypes, ensuring an enabling and inclusive environment like social support services and maternity benefits.

Wherever required, female labour force participation be improved by providing reservation to women.
21 Action: Ministry of Education & States/UTs 23 Action: Ministry of Health & Family Welfare & States/UTs G21: Despite parity in primary school enrolment, the drop-out rate and gender gap for girl’s education is higher, especially in rural areas.

[CEDAW A.

10(e) and (f)] R21 : Infrastructure in schools, especially rural schools should be improved including provision of separate toilets for boys and girls.
Menstrual hygiene should also be ensured in the schools to encourage enrolment and retention of girl (adolescent) students in schools especially in rural areas.

G23: As many as 363 deaths had taken place due to sterilisation procedures during the period of 2010 to 2013.

The SC in 2016 in Devika Biswas v. Union of India directed both Union & the State Governments to phase out the holding of sterilization camps in the next three years.
The SC also directed the Union of India to take a decision by December 31, 2016 about finalisation of National Health Policy (NHP).

In case the Government decides to have an NHP, it should keep issues of gender equity in mind as well.

[CEDAW A.

12] R23: State Parties to ensure adequate health infrastructure including reproductive health.

Trained public healthcare workforce, their continuous training, decent working conditions and filling up the vacancies of professionals and workers.
Regularization of contractual reproductive public healthcare workers like ASHAs, ANMs, etc who render services to pregnant and lactating women.

Also to ensure universal access to quality and comprehensive healthcare especially for women with physical disabilities and mental illnesses.

22 Action: Ministry of Health & Family Welfare & States/UTs 24 Action: Ministry of Health & Family Welfare & States/UTs G22: The health budget of the Union Government is very low.
It saw only an abysmal rise from 1.2% of its GDP in 2014-2015 to 1.8% in 2020-2021.

Further, the share of the budget for the National Health Mission (NHM) in the total health budget of the Union Government has also declined from 60.25% in 2018–19 to 52.12% in 2020–21, thus, adversely affecting the quality of healthcare services including reproductive healthcare services as well.

[CEDAW A.
[CEDAW A.

12] R22: The National Health Policy, 2017 recommended, public health spending should be increased to 2.5% of GDP by 2025.

In order to ensure that the healthcare systems in India improve, especially the maternal and reproductive health services, it is necessary to implement the recommendations of the National Health Policy, 2017.

115 G24: The health status of rural women especially the maternal mortality rate (MMR) which is 113 (SRS 2016-18) is quite poor.
The lowest MMR for the same period is 43 in Kerala, and the highest MMR is 215 in Assam.

[CEDAW A.

14(2)(b)] R24: Primary health centres and health infrastructure should be improved to ensure equitable access to antenatal care, nutritious food and supplements like folic acid, iron, and calcium.

Identification of high risk pregnancies and timely referral to higher centres as required.

Timely availability of fully equipped ambulances should also be ensured.
Benefits provided under ICDS be also strictly followed.

25 Action: Ministry of Sports & Youth Affairs & States/UTs 27 Action: Ministry of Electronics and Information Technology G25: Confining the role of the Union Government to merely supplementing the efforts on sports and leaving the primary efforts completely on the State government has led to the uneven development of sports across the country and the non- emergence of sports as a national priority.
This in turn also adversely impacts the participation of women in sports.

[CEDAW A.

13(c)] R25: Transferring of the subject of sports from the List II - State List to the List III - Concurrent List in the Seventh Schedule may be considered.

Further, item sports will be shifted from the present Constitutional place, where it is clubbed with entertainment and amusement as sports is a key instrument of youth development including that of women.
G27: Gender digital divide is particularly wide for rural women.

The NFHS-5 reveals that there is a significant digital divide in the country, with rural women least likely to have internet access.

[CEDAW A.

14(2)(d) & 14(2)(h)] R27: State Parties to improve digital infrastructure in rural areas to ensure that women are not discriminated against in accessing the same.

Women focussed training with awareness about the dangers of the digital world should be imparted.
26 Action: Ministry of Sports & Youth Affairs & States/UTs 28 Action: Ministry of Rural Development G26: Women face several constraints in sports than men including gender pay gap bias in receiving sports awards and difference in prize money, absence of family support, lack of training facilities, lack of provision for dietary allowance, issues related to sexual harassment and the absence of sexual harassment committees, etc.

[CEDAW A.

13(c)] R26: Discrimination in pay and prize money should be removed.
Awareness should be created at school-level to promote women in sports; adequate training and dietary allowance should be ensured to women.

Safe workplace including effective implementation of POSH Act.

G28: MGNREGA i.

The Act provides for crèches at the sites; very few crèches are functional at the work-sites.

ii.

Water & Sanitation facilities are not adequate on the sites.

iii.

100 days of wages is not sufficient to sustain a family; delayed payment of wages is also quite prevalent.

[CEDAW A.
[CEDAW A.

11(1)(f) & A.

11(2)(c) & A.

14] R28: i. Functional creches should be established at the sites in compliance of the Act.

ii.

Wage rate and days of work under MGNREGA should be increased.

Payment should be made in a timely manner.

iii.

Women should have access to the wages in their own or joint bank accounts.

116 National Human Rights Commission Manav Adhikar Bhawan C-Block, GPO Complex, INA New Delhi- 110023, India Copyright @National Human Rights Commission All rights are reserved.
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Published in 2021, by Research Division, National Human Rights Commission, India.

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DESIGNED BY Bored Markers LLP, New Delhi PRINTED BY Quick Offset, New Delhi ISBN : 978-81-955596-3-3 National Human Rights Commission Manav Adhikar Bhawan C-Block, GPO Complex, INA New Delhi- 110023, India Website: https://nhrc.nic.in This analytical study has been strategically structured to facilitate the understanding of the reader regarding CEDAW and the status of implementation of the CEDAW articles in India.
It is expected to be of great value to the lawmakers, policymakers, executives, civil society, academicians and students of gender studies, human rights & related disciplines.

The study highlights gaps with the objective of acting as a catalyst to promote concrete dialogue and engagement between law & policymakers, implementing agencies and NGOs to address identified gaps and measures to rectify these.
Women’s Rights in India An Analytical Study of The United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and The Indian Constitution, Legislations, Schemes, Policies & Judgements 2021 रा��ीय मानव अिधकार आयोग , भारत NATIONAL HUMAN RIGHTS COMMISSION, INDIA