Provisions in the Constitution of India, Legislations,
Policies, Reports, and Judgements
Article(s) of the CEDAW
(b) introduce maternity leave
with pay or comparable
social benefits;
(c) encourage provision of
social support services to
enable parents to combine
family obligations with work
responsibilities, particularly
by establishment of childcare facilities;
(d) provide special protection
to women during pregnancy
in types of work harmful to
them;
3. Protective legislation
relating to matters covered
in this article shall be
reviewed periodically in
the light of scientific and
technological knowledge.
b)
S. 9: Provides for paid leave in case of miscarriage.28
c) S. 12: Provides discharge/dismissal of a woman absent from
work due to her pregnancy is unlawful, provided due procedures have
been followed.29
RULES AND REGULATIONS:
1.
UGC Regulation on Curbing the Menace of Ragging in Higher
Educational Institutions, 2009:
a) Clause 3: Defines what constitutes ‘Ragging’. Includes sexual
abuse and homosexual assaults.30
b) Clause 7: Provides the nature of offences that are penalised
under the regulations.31
POLICIES, SCHEMES AND PROGRAMMES:
1.
National Policy on Education, 1986: The National Policy on
Education, 1986, aimed at ensuring a national system of education
which implies that up to a given level, all students irrespective of
the caste, creed, sex and location, have access to the education of a
comparable quality.32
2. National Education Policy, 2021 aims to bring transformational
reforms in schools and higher education systems including
universalisation of education .
a)
46
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)
provision for women as a
member in the boards at
both national as well as
state levels.
G7: Over 90% of women
are in the informal
economy where
regulatory frameworks
are mostly absent as
such POSH Act is poorly
implemented, including
setting up of Local
Committees, etc. [CEDAW
A.11(1)(f)]
R7: Local Committees
should be set up and
POSH Act should also be
included in the Labour
Codes.
G8: The domestic workers
remain outside the
purview of all the statutory
labour enactments
ensuring social security.
[CEDAW A. 11(1)(e)]