Article(s) of the CEDAW
abolish existing laws,
regulations, customs and
practices which constitute
discrimination against
women;
(g) Repeal all penal
provisions which constitute
discrimination against
women.2
Article 3
States Parties shall take
all appropriate measures
including legislation, in
all fields, to ensure the
full development and
advancement of women.3
Article 4
1. Adoption by States
Parties of temporary
special measures aimed
at accelerating de facto
equality between men
and women shall not be
considered discrimination.
11
Provisions in the Constitution of India, Legislations,
Policies, Reports, and Judgements
her.
b. S. 9: Provides for paid leave in case of miscarriage.
c. S. 12: States that it is unlawful to discharge/dismiss a woman
absent from work due to her pregnancy in accordance with the
Act.
6. Industrial Disputes Act, 1947: Provided for same wages and
other facilities to women workers and provision of creches, feeding
intervals, etc. at the workplace.
7. Equal Remuneration Act (ERA), 1976: S. 4: States that the
employer has to pay equal remuneration to men and women
workers for same work or work of a similar nature.12
8. The Companies Act, 2013: As per the second Proviso to
Section 149(1) read with Rule 3 of the Companies (Appointment
and Qualification of Directors) Rules, 2014, every listed company,
every public company having paid-up share capital of Rs. 100 crore
or more, and every public company having a minimum turnover
of Rs. 300 crore or more, makes provision for at least one woman
director.
POLICIES AND REPORTS:
1.
The Committee on the Status of Women in India, 1971:
Undertook a comprehensive review of women’s status in India
in all spheres. ‘Towards Equality,’ its report made extensive
recommendations to address discrimination and marginalization
of women. and gave useful guidelines for the formulation of social
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)
basis of sex. However, there
is a vacuum in law with
regards to the prohibition
of discrimination against
women by any private
person, organization or
enterprise. [CEDAW A.2 (e)]
R2: This legislative vacuum
should be filled by enacting
appropriate legislation(s).
G3: Several prevailing
customs and practices that
perpetuate discrimination
against women are out of
the purview of the legislative
framework. [CEDAW A.2 (f)]
R3: Efforts should be made
to discourage prejudices
and eliminate customs and
practices that discriminate
against women by enacting
appropriate legislation(s)
and other necessary social
measures to be taken.
G4: Despite legislations