Article(s) of the CEDAW
Provisions in the Constitution of India, Legislations,
Policies, Reports, and Judgements
1. COMMITTEE ON SUBORDINATE LEGISLATION (2017-2018)
TWENTY-EIGHTH REPORT: The Indian Foreign Service (Recruitment,
Cadre, Seniority and Promotion) Rules, 1961 framed under Article 309
of the Constitution
JUDGEMENTS :
1.
C. B. Muthamma v. Union of India and others (1979): Supreme
Court set aside the Government regulation which mandated a women
officer working in the Ministry of External Affairs to seek permission
of the government before getting married. (Supra: Chapter 1)
2. Padmaraj Samarendra v. State of Bihar AIR 1979 Pat 266: The
Patna High Court upheld the allotment of seats for girl students in
Medical Colleges stating that the requirement in the State for a large
number of lady doctors and the mental aptitude and psychological
background of lady patients for treatment of gynaecological diseases
and obstetric services by lady doctors.
3. Rajesh Kumar Gupta v. State of U. P. AIR 2005 SC 2540: The
Supreme Court justified the reservation of 50% of seats for
female candidates also for the selection for special Basic Teachers
Certificate (BTC) training course as a large numbers of young girls
below the age of 10 years were taught in primary schools and it would
be preferable that such young girls are taught by women.
4. Vishakha v. State of Rajasthan AIR 1997 SC 3011 - SC addressed
the issue of sexual harassment at workplace and held that right to
work includes right to work with dignity.
52
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)
R15: The State should
endeavour to increase
nomination of women
to the monitoring bodies
under various Human
Rights Treaties and
special mechanisms,
including the CEDAW
Committee.
G16: The Draft National
Policy for Women, 2016,
refers to collaboration
with universities at the
international level and
towards realization
of Constitutional
and International
commitments to gender
equality and social
justice. However, the
Policy does not specify
any overt action to be
taken for realization
of the international
commitments including
that of CEDAW. [CEDAW
A. 8]