Provisions in the Constitution of India, Legislations, Policies, Reports, and Judgements Article(s) of the CEDAW (g) The same personal rights as husband and wife, including the right to choose a family name, a profession, and an occupation; (h) The same rights for both spouses in respect of the ownership and disposition of property. 2. The betrothal and the marriage of a child shall have no legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage to be specified and registration of marriages in an official registry to be made compulsory.3 74 8. Parsi Marriage and Divorce Act, 1936: 1. Section 32- Grounds for divorce 2. Section 32B- Divorce by mutual consent 3. Section 49- Court may make such provisions in the decree as it deems just and proper with respect to any joint property of husband and wife. 9. The Muslim Personal Law (Shariat) Application Act, 1937: a) Section 2- Notwithstanding any custom or usage to the contrary, in all questions regarding intestate succession, special property of females, marriage, dissolution of marriage, guardianship etc., the rule of decisions in cases where parties are Muslims Provisions related to personal laws including marriage, guardianship, etc. where the parties are Muslims shall be the Muslim Personal Law (Shariat). Gaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R) R4: Mother should also be a natural guardian along with the father under the HAMA, 1956. G5: Husband is a guardian for a minor wife as prescribed under Section 6(c) of Hindu Minority and Guardianship Act, 1956. [CEDAW A. 16] 11. The Muslim Women (Protection of Rights on Marriage) Act, 2019: R5: The law of husband being the guardian for a minor wife should be deleted. Despite Prohibition of Child Marriage Act, 2006, child marriages continue to be solemnized. In case of dispute between husband and a minor wife, husband should not be her guardian, her guardian should be her father/mother. Pick from final Section 3 states that any pronouncement of talaq (talaq-ebiddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce) by a Muslim husband upon his wife, by words, either spoken or written or in electronic form is null and illegal. Section 4 criminalises the same and prescribes G6: Form XV under Rule 17 of Citizenship Rules, 2003 mentions only the ‘father’s name’ in respect of such minors who are registered 10. The Dissolution of Muslim Marriages Act, 1939: An Act to consolidate and clarify the provisions of Muslim law relating to suits for dissolution of marriage by women married under Muslim law. Convention on the Elimination of All Forms of Discrimination Against Women