Article(s) of the CEDAW
Provisions in the Constitution of India, Legislations,
Policies, Reports, and Judgements
JUDGEMENTS:
1.
Budhadev Karmaskar v. State of West Bengal [(2011) 10
SCC 283]: The Supreme Court held that sex workers/prostitutes
are also entitled to a life of dignity in view of Article 21 of the
Constitution. The Court directed the Government to prepare
schemes for giving technical/vocational training to sex workers
and sexually abused women in all cities in India.
2.
Upendra Baxi v. State of Uttar Pradesh [(1986) 4 SCC 106]:
The Supreme Court emphasized on the conduction of proper
rehabilitation programmes and vocational training for the inmates
of protective homes established under SITA, 1956 (amended and
now ITPA) so that the inmates are able to look after themselves
and they do not slip into prostitution on account of economic want.
The Government of Uttar Pradesh was directed to initiate proper
follow-up action with a view to ensure the inmates are not taken
back to the brothels.
3. People’s Union for Democratic Rights v. Union of India [(1982)
3 SCC 235]: While focussing on the issue of minimum wage,
the Supreme Court observed that Article 23; right against forced
labour’ should include the right to minimum wages.
4. Kajal Mukesh Singh v. State of Maharashtra [2020 SCC On
Line Bom 954]: The Bombay High Court observed while hearing a
matter related to the detention of three female sex workers that
there is no provision under the Indian law that makes prostitution
per se a criminal offence or punishes a person because he/she
indulged in prostitution.
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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)
of AHTUs at the district level
as stated in the scheme.