Provisions in the Constitution of India, Legislations,
Policies, Reports, and Judgements
Article(s) of the CEDAW
8. Scheduled Castes and Schedule Tribes (Prevention of
Atrocities) Act, 1989: An Act to prohibit discrimination, prevent
atrocities, and hate crimes against scheduled castes and
scheduled tribes.
POLICIES:
1.
Five Year Plans
a. The 1980-1985: Sixth Five Year Plan, provided for joint titles to
spouses; however, this policy was not confirmed in the 1985-1990
Seventh Five Year Plan.
b. In the 1992-1997: Eighth Plan, 40 percent of forfeited land
was allocated to women, and the remaining land to both spouses
through joint titles.
c. The 1997-2002: Ninth Plan had a women’s land rights section
and provided for land titles mainly distributed to women through
women’s groups or individually.
d. The 2002-2007: Tenth Five Year Plan recommended
concessions to female property buyers when they registered to
ensure effective implementation of land reform legislations setting
a ceiling so as to guarantee the distribution of surplus land to
women.
e. The 2007-2012: Eleventh Five Year Plan aims at ensuring
effective and independent land rights for women and
strengthening women’s agricultural capacities.
97
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)
G7: Despite omission
of Section 4 (2) of HSA
which denied women
succession of agriculture
lands, many States are
still continuing with the
agriculture laws which
deny women to succeed
in agriculture holdings. E.g.
U.P. Also, tribal & customary
practices largely deprive
married daughters to inherit
agriculture lands. [CEDAW
A. 14(2)(g) & A. 16(1)(h)]
R7: All the States must
equalize the inheritance
rights of women for
agricultural lands,
irrespective of their marital
status.
G8: The Indian Shariat Act,
1937, excludes inheritance of
agricultural land by women.
[CEDAW A. 14(2)(g)]
R8: Inheritance of agricultural
land by women, should be
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