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