Article(s) of the
CEDAW
Article 121:
CONSTITUTION:
Health
1.
1. States Parties shall
take all appropriate
measures to eliminate
discrimination against
women in the field of
health care, in order to
ensure equal access to
health care services,
including those related
to family planning.
2. States Parties shall
ensure to women
appropriate services
in connection
with pregnancy,
confinement and
the postnatal period,
granting free services
as well as adequate
nutrition during
pregnancy and
lactation.
63
Provisions in the Constitution of India, Legislations,
Policies, Reports, and Judgements
A. 14: Ensures equality before the law and equal protection
of the laws by the State. (Supra: Chapter 1)
2. A. 21: No person to be deprived of his life or personal liberty
except according to procedure established by law. (Supra:
Chapter 4)
3. A. 39(e): State to follow principles of policy securing the
health and strength of workers, men and women, and children,
are not forced by economic necessity to enter vocations
unsuited to their age or strength. (Supra: Chapter 2)
4. A. 42: State to make provisions for securing just and
humane conditions for work and for maternity relief. (Supra:
Chapter 4)
5. A. 47: State to raise the level of nutrition and the standard
of living of its people and to improve public health.2
LEGISLATIONS:
1.
Maternity Benefit Act, (MBA), 1961 and Maternity Benefit
(Amendment) Act, 2017: An Act to regulate the employment
of women in certain establishments for certain periods before
and after child-birth and to provide for maternity benefit along
with other benefits. After the amendment in 2017, the limit for
mandatory paid leaves has been increased from 12 weeks to 26
weeks. (Supra: Chapter 1 and Chapter 4)
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: The health budget of the Union
Government is very low. It saw only
an abysmal rise from 1.2% of its GDP
in 2014-2015 to 1.8% in 2020-2021.
Further, the share of the budget for
the National Health Mission (NHM) in
the total health budget of the Union
Government has also declined from
60.25% in 2018–19 to 52.12% in 2020–
21, thus, adversely affecting the quality
of healthcare services including
reproductive healthcare services as
well. [CEDAW A. 12]
R1: The National Health Policy,
2017 recommended, public health
spending should be increased to 2.5%
of GDP by 2025. In order to ensure
that the healthcare systems in India
improve, especially the maternal
and reproductive health services,
it is necessary to implement the
recommendations of the National
Health Policy, 2017.
G2: As many as 363 deaths had taken
place due to sterilisation procedures
during the period of 2010 to 2013. The