Article(s) of the CEDAW
Article 14:
1.
States Parties shall take
into account the problems
faced by rural women and
recognize their contribution
in their family’s economic
survival and their work in the
non-monetized sectors.
And ensure the application
of the present Convention to
women in rural areas.
2. States Parties shall take
all appropriate measures
to eliminate discrimination
against women in rural areas.
Further, ensure to such
women the right to:
a. Participate in
the elaboration and
implementation of
development planning at all
levels;
b. Adequate health care
facilities including family
planning services;
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Provisions in the Constitution of India, Legislations,
Policies, Reports, and Judgements
In India, land and agriculture-related entitlements pertaining to
rural women, including their work conditions and wages, are
governed by laws as per the Constitutional framework including
the Seventh Schedule (Distribution of powers between Union
& States to make laws) and the Eleventh Schedule(Powers
of Panchayats), which provides for a federal structure and
decentralized governance.
In view of India’s diverse spatial habitat, the Constitution of India
has incorporated the Fifth Schedule (Administration of Scheduled
Areas & Scheduled Tribes) and the Sixth Schedule (Administration
of Tribal Areas in specific States) to protect, restrict, and govern
the rights of specific groups in identified areas.
This section discusses issues pertaining to rural women including
tribal women, women belonging to Scheduled Caste.
CONSTITUTION:
1. A. 31A: Saving of laws putting restrictions on the acquisition
of estates, etc., (Estate includes any land held for purpose of
agriculture
(2)(a) ‘Estate’ shall include:
(iii) any land held or let for purposes of agriculture or for purposes
ancillary thereto, including waste land, forest land, land for pasture
or sites of buildings and other structures occupied by cultivators of
land, agricultural labourers and village artisans.2
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 & R1: Poor health status
of rural women especially
maternal mortality rate (MMR).
[CEDAW A. 14(2)(b)] (Supra:
Chapter 5)
G2: The wage disparity
between men and women in
rural parts of the country has
increased. [CEDAW A. 11(1)(d)
& 14(2)]
R2: The law of equal pay
for equal work should be
implemented in letter and
spirit.
G3: Child Marriage: As per
NFHS-5 data, child marriage
is more prevalent in rural
areas than in urban areas.
This results in early school
drop-out, early pregnancy and
other health issues, exposure
to domestic violence, etc.
[CEDAW A. 14(1) & 16(2)]
R3: State parties should
spread awareness about the