Article(s) of the CEDAW Article 121: CONSTITUTION: Health 1. 1. States Parties shall take all appropriate measures to eliminate discrimination against women in the field of health care, in order to ensure equal access to health care services, including those related to family planning. 2. States Parties shall ensure to women appropriate services in connection with pregnancy, confinement and the postnatal period, granting free services as well as adequate nutrition during pregnancy and lactation. 63 Provisions in the Constitution of India, Legislations, Policies, Reports, and Judgements A. 14: Ensures equality before the law and equal protection of the laws by the State. (Supra: Chapter 1) 2. A. 21: No person to be deprived of his life or personal liberty except according to procedure established by law. (Supra: Chapter 4) 3. A. 39(e): State to follow principles of policy securing the health and strength of workers, men and women, and children, are not forced by economic necessity to enter vocations unsuited to their age or strength. (Supra: Chapter 2) 4. A. 42: State to make provisions for securing just and humane conditions for work and for maternity relief. (Supra: Chapter 4) 5. A. 47: State to raise the level of nutrition and the standard of living of its people and to improve public health.2 LEGISLATIONS: 1. Maternity Benefit Act, (MBA), 1961 and Maternity Benefit (Amendment) Act, 2017: An Act to regulate the employment of women in certain establishments for certain periods before and after child-birth and to provide for maternity benefit along with other benefits. After the amendment in 2017, the limit for mandatory paid leaves has been increased from 12 weeks to 26 weeks. (Supra: Chapter 1 and Chapter 4) 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) G1: The health budget of the Union Government is very low. It saw only an abysmal rise from 1.2% of its GDP in 2014-2015 to 1.8% in 2020-2021. Further, the share of the budget for the National Health Mission (NHM) in the total health budget of the Union Government has also declined from 60.25% in 2018–19 to 52.12% in 2020– 21, thus, adversely affecting the quality of healthcare services including reproductive healthcare services as well. [CEDAW A. 12] R1: The National Health Policy, 2017 recommended, public health spending should be increased to 2.5% of GDP by 2025. In order to ensure that the healthcare systems in India improve, especially the maternal and reproductive health services, it is necessary to implement the recommendations of the National Health Policy, 2017. G2: As many as 363 deaths had taken place due to sterilisation procedures during the period of 2010 to 2013. The

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