Article(s) of the CEDAW
Article 1
CONSTITUTION:
The term “discrimination
against women” shall mean:
A. 126 : Definition.—In Part III of the Constitution dealing with
Fundamental Rights, “the State” includes the Government and
Parliament of India and the Government and the Legislature of each
of the States and all local or other authorities.
Any distinction, exclusion or
restriction made on the basis
of sex which has the effect
or purpose of – impairing or
nullifying the recognition,
enjoyment or exercise by
women in respect of human
rights and fundamental
freedoms in the political,
economic, social, cultural,
civil or any other field.1
Article 2
States Parties to condemn
discrimination against
women in all its forms, and,
to this end, undertake to:
(a) Embody the principle
of the equality of men and
women in their national
constitutions or other
appropriate legislation;
9
Provisions in the Constitution of India, Legislations,
Policies, Reports, and Judgements
A. 147 : Ensures equality before the law and equal protection of the
laws by the State.
A. 158 : Prohibits discrimination on grounds of religion, race, caste,
sex or place of birth(1) State not to discriminate on grounds of religion, race, caste, sex
or place of birth or any of them.
(2) No citizen to be subjected to any disability, liability, restriction or
condition, on grounds of religion, race, caste, sex or place of birth
or any of them with regard to access to public spaces and facilities.
(3) Empowers the State to make special provisions for women and
children.
(4) Empowers the State to make special provisions for the
advancement of socially backward classes of citizens or Scheduled
Castes and Scheduled Tribes.
(5): ......
A.169 : Equality of Opportunity in matters of Public Employment(1) Ensures equality of opportunity for all citizens in matters relating
to employment or appointment to any office under the State.
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)
The Constitution of India
and legislations guarantee
equality including making
a provision for affirmative
actions in favour of women;
and especially prohibits
discrimination against
women, particularly in
relation to State. However, in
reality, women’s enjoyment
and exercise of equal rights
remain restricted in all
spheres of life including
social, economic, and
political, among others.
Some significant gaps in the
realization of equality and
non-discrimination along
with the corresponding
recommendations are as
follows:
G1: 48.5% of the Indian
population is women, but
only 27.4% of women are
in the workforce. Women
hold only 14.39% of seats
in Lok Sabha (2019-2024)