Article(s) of the CEDAW
Provisions in the Constitution of India, Legislations,
Policies, Reports, and Judgements
3. Amongst tribals, customary laws largely recognize only
usufructuary rights of unmarried daughters.
4. Mahatma Gandhi National Rural Employment Guarantee Act
(MGNREGA), 2005: Promises 100 days work to all rural households.
At least one-third beneficiaries shall be women under clause 6 of
Schedule II drafted under S. 5 of the Act. (Supra: Chapter 4)
5. Recently, the Uttarakhand Government has brought an
ordinance to give co-ownership rights to women in their husband’s
ancestral property. Through the ordinance, government aims to
provide economic independence to women – who are left behind
in the hills and are solely dependent on agriculture to meet their
financial needs.
crèches at the sites; very
few crèches are functional
at the work-sites.
ii. Water & Sanitation
facilities are not adequate on
the sites.
iii. 100 days of wages is not
sufficient to sustain a family;
delayed payment of wages is
also quite prevalent. [CEDAW
A. 11(1)(f) & A. 11(2)(c) & A. 14]
R6:
•
The amendment made to the Uttarakhand Zamindari Abolition
and Land Reforms Act (??) is likely to impact around 35 lakh
women in the State. In the revenue records, the name of the wife
would be now mentioned as a co-owner.
i.
Functional creches
should be established at the
sites in compliance of the
Act.
6. The Indian Shariat Act, 1937 The Indian Shariat Act, 1937 gives
women the right to inherit property except the right to inherit
agricultural land.
ii. Wage rate and days
of work under MGNREGA
should be increased.
Payment should be made in a
timely manner.
7. National Co-operative Development Corporation Act,
1962 (NCDC Act). The objectives of the NCDC Act are to plan and
promote programmes for the production, processing, marketing,
storage, export and import of agricultural produce, foodstuffs,
industrial goods, livestock, certain other commodities and services
on co-operative principles.
96
Gaps in the implementation
of CEDAW in India (G)
and its corresponding
recommendations (R)
Convention on the Elimination of All Forms of Discrimination Against Women
iii. Women should have
access to the wages in their
own or joint bank accounts.