Provisions in the Constitution of India, Legislations,
Policies, Reports, and Judgements
Article(s) of the CEDAW
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.
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.
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5.
After divorce-maintenance of children
•
Padmaja Sharma v. Ratan Lal Sharma (2000) 4 SCC 266 The
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)
should be a uniform law to
deal with sexual intercourse
with a wife who happens to
be a child.