Provisions in the Constitution of India, Legislations,
Policies, Reports, and Judgements
Article(s) of the CEDAW
Note 1: “Health” has also
exploitation.7
been specifically dealt with
in Chapter- 5.
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
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.
8. 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.
2. Land tenure and usage rights: Each State has its own laws on
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.
95
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)
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