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 Nondiscrimination’ 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