Article(s) of the CEDAW
Provisions in the Constitution of India, Legislations,
Policies, Reports, and Judgements
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.
75
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)
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. 16]
R7: Awareness should
be generated about the
OSCs through mass media,
Government institutions
such as the Primary Health