Article(s) of the CEDAW
(b) Adopt legislative and
other measures, including
sanctions, prohibiting all
discrimination against
women;
(c) Establish legal protection
of the rights of women
through national tribunals/
public institutions against
any act of discrimination;
10
Provisions in the Constitution of India, Legislations,
Policies, Reports, and Judgements
(2): Prohibits discrimination on the grounds of religion, race, caste,
sex, etc. in employment or appointment to any office under the
State.
(3): .....
(4): .....
LEGISLATIONS:
1.
Protection of Human Rights Act, 1993: To provide for the
constitution of NHRC10 for better protection of human rights.
(d) Refrain from engaging
in any act or practice of
discrimination against
women and to ensure
that public authorities
and institutions shall act
in conformity with this
obligation;
2. National Commission for Women Act, 1990: To provide for the
constitution of NCW11 for the protection of women’s rights.
(e) Take all appropriate
measures to eliminate
discrimination against
women by any person,
organization or enterprise;
5. Maternity Benefit Act, 1861: Regulates the employment of
women for certain periods before and after childbirth and to
provide maternity benefit.
(f) Take all appropriate
measures to modify or
a. S. 5: Provides all the maternity benefits available to a woman
working in an organised sector and the amount of leave available to
3. Scheduled Caste and Scheduled Tribe (Prevention of
Atrocities) Act, 1989: Legislation to check and deter crimes against
SC/ST.
4. Indecent Representation of Women (Prohibition) Act, 1989:
Prohibits indecent representation of women through advertisement
or in publication, etc.
Maternity Benefit Act (MBA), 1961 and Maternity Benefit
(Amendment) Act, 2019:
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)
and 8.8% women in Rajya
Sabha (2010). During 2011-15,
female MLAs in the State
Legislative Assemblies were
8.4% and female candidates
were 7.3%. The data shows
that there is a continued low
representation of women in
the upper echelons of lawmaking affirmative actions.
[CEDAW A.3 and A.7(b)
R1: To improve the
representation of women in
the upper echelons of lawmaking, affirmative actions
are required including
legislature to reserve 33 per
cent seats for women in
Lok Sabha, and in all State
Legislative Assemblies.
G2: Fundamental Rights as
enshrined in the Constitution
are only enforceable against
the State. Thus, only the
State has an obligation
not to discriminate on the