Provisions in the Constitution of India, Legislations,
Policies, Reports, and Judgements
Article(s) of the CEDAW
receive vocational training;
children under 6 years of age.
(d) the right to equal
remuneration, benefits and
equal treatment in respect
of work;
7.
(e) the right to social
security, including with
respect to retirement,
unemployment, etc. as well
as paid leave;
(f) the right to protection of
health and safety in working
conditions, including the
safeguarding of the function
of reproduction.
2. States Parties shall
prevent discrimination
against women on the
grounds of marriage
or maternity and take
appropriate measures to:
(a) prohibit, subject to the
imposition of sanctions,
dismissal on the grounds of
pregnancy, maternity leave
or marital status;
45
Unorganised Workers Social Security Act (UWSSA), 2008:
S. 3: Provides that the Central Government may notify social welfare
schemes when deemed fit on subjects including health and maternity
benefits.21
8. The Building and other Construction Workers (Regulation of
Employment and Conditions of Service) Act, 1996:
a) S. 22: Provides for the constitution of State Welfare Boards.
Further, S.22 (g) provides Boards to make payment of maternity
benefits to the female beneficiaries.22
b) S. 35: Provides for crèche where more than fifty female workers
are employed.23
9. The Companies Act, 2013: Provides for compulsory women
independent directors under S. 149(1).24 (Supra: Chapter 1)
10. Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act (POSH), 2013: The Act prohibits sexual
harassment of women at the workplace and gives an inclusive list
of circumstances that can be classified as sexual harassment at the
workplace.25
11. Maternity Benefit Act (MBA), 1961 and Maternity Benefit
(Amendment) Act, 201726 (Supra: Chapter 1)
a) S. 5: Prescribes different maternity benefits to working women in
an organised sector including paid leave.27
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)
with special emphasis
on women workers in
unorganised sector.
G5: There is no
employment guarantee
scheme like MGNREGA
(which ensures 33%
reservation for women)
in urban areas of India.
[CEDAW A. 11(1)(a) & (b)]
R5: There should be an
employment guarantee
scheme/Act in the urban
areas making reservation
for women on the lines of
MGNREGA.
G6: S.5 and S.6 of the
UWSSA does not
explicitly provide for
representation of women
in the Social Security
Board at national as well
as state level. [CEDAW
A. 11]
R6: Make specific