Article(s) of the CEDAW Article 9: CONSTITUTION: 1. States Parties shall grant women equal rights with men to acquire, change or retain their nationality. They shall ensure in particular that neither marriage to an alien nor change of nationality by the husband during marriage shall automatically change the nationality of the wife, render her stateless or force upon her the nationality of the husband. 1. A. 5: Citizenship at the commencement of the Constitution: Every person who has his domicile in the territory of India and was either born or whose parents were born in the territory of India; or has been a resident for not less than five years shall be a citizen of India at the commencement.4 2. State Parties shall grant women equal rights with men with respect to the nationality of their children.1 Article 15: 1. States Parties shall accord women equality with men before the law. 2. States Parties shall accord to women, in civil matters, a legal capacity identical to 71 Provisions in the Constitution of India, Legislations, Policies, Reports, and Judgements 2. A. 6: Rights of citizenship of certain persons who have migrated to India from Pakistan: Relates to rights of citizenship of certain persons who have migrated to India from Pakistan and rights of citizenship of certain migrants to Pakistan.5 3. A. 7: Rights of citizenship of certain migrants to Pakistan: Those who migrated after the 1st day of March 1947 to Pakistan shall not be deemed to be citizens of India. 4. A.13: Laws inconsistent with or in derogation of the Fundamental Rights: A. 13(3)(a): a) “law” includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law.6 5. Clause 3 of Sixth Schedule: Powers of the District Councils and Regional Councils to make laws: Gives power to the District and Regional Council as formulated under the Schedule to make laws for certain subjects like marriages, social customs, etc.7 LEGISLATIONS: 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: India has separate legislations relating to marriage for different religions. The age of marriage for bride is 18 years and bridegroom is 21 years (The Special Marriage Act, 1954) as the condition prescribing the age of marriage has not been uniformly provided in all legislations. [CEDAW A. 16(2)] R1: Endeavours should be made to have a uniform age of bride and bridegroom for marriage across various marriage related legislations for the bride as well as for the bridegroom. G2: In legislations, age of marriage for bride is 18 years and bridegroom is 21 years without there being any scientific reasons for the same. [CEDAW A. 16(2)]