How does India implement the Convention on Elimination of Discrimination Against Women (CEDAW)?

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Answer By law4u team

India implements the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) through a combination of constitutional provisions, legislation, judicial interpretation, and policy initiatives. India ratified CEDAW on July 9, 1993, with certain reservations. 1. Constitutional Framework The Indian Constitution provides a strong foundation for gender equality: Article 14: Equality before law Article 15(1): Prohibits discrimination on grounds of sex Article 15(3): Permits affirmative action in favor of women Article 16: Equality in public employment Directive Principles (Articles 39(a), 42, 51A(e)): Aim at ensuring equal pay, maternity relief, and promoting dignity of women 2. Key Legislation Aligned with CEDAW Goals India has enacted several laws to comply with and promote the objectives of CEDAW: The Protection of Women from Domestic Violence Act, 2005 The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 The Dowry Prohibition Act, 1961 The Equal Remuneration Act, 1976 The Maternity Benefit Act, 1961 The Prohibition of Child Marriage Act, 2006 The Medical Termination of Pregnancy Act, 1971 (amended in 2021) 3. Judicial Enforcement and Interpretation Indian courts have frequently relied on CEDAW in interpreting gender justice: Vishaka v. State of Rajasthan (1997): Supreme Court explicitly used CEDAW to frame guidelines for preventing workplace sexual harassment. Apparel Export Promotion Council v. A.K. Chopra (1999): CEDAW cited to uphold women's rights in the workplace. Githa Hariharan v. Reserve Bank of India (1999): CEDAW principles used to interpret custody rights of mothers. The Supreme Court considers international conventions not contrary to domestic law as part of Indian law. 4. Government Policies and Initiatives To fulfill CEDAW obligations, India has adopted several programs: Beti Bachao Beti Padhao (BBBP) – promote girl child survival and education National Policy for Empowerment of Women (2001) – comprehensive strategy Reservation of seats for women in Panchayati Raj Institutions (73rd and 74th Amendments) Support to Training and Employment Programme for Women (STEP) 5. Periodic Reporting and Monitoring As a CEDAW signatory, India: Submits Periodic Reports to the UN CEDAW Committee. Participates in review sessions. Engages with civil society for shadow reporting and feedback. 6. Reservations to CEDAW India has placed reservations on: Article 16(1) — relating to equal rights in marriage and family matters — stating it will be applied in conformity with India's personal laws. Conclusion: While India has made substantial progress toward implementing CEDAW, challenges like enforcement gaps, social bias, and conflicting personal laws still affect its full realization. However, courts and the Constitution continue to serve as strong tools for gender justice in India.

Answer By Ayantika Mondal

Dear Client, CEDAW Obligation- India(s) Measures of implementation Legal Reform- Domestic violence Act, POSH act, Maternity Benefit, PCPNDT, POCSO Act Judicial Interpretation- citation of CEDAW by Vishaka, Githa Hariharan, Shine cases, Sabarimala Institutional Mechanism- NCW, MWCD policies, state commissions, one-stop centres, gender budgeting Reporting & Oversight- regular CEDAW compliance reporting, NGO shadow reports, concluding observations Gaps & Challenges- Inconsistency in enforcement, resistance of personal law, intersectional violence, limits of capacity/resources In India, CEDAW has been translated into a multi-layered project-it is in legislature, judged by courts, established on the institutional levels, and at policy level. Although there has been successful implementation, there are a lot of issues regarding enforcement, and exceptions in personal laws. I hope this answer helps. In case of future queries please feel free to contact us. Thank you.

Answer By Anik

Dear Client, CEDAW Obligation- India(s) Measures of implementation Legal Reform- Domestic violence Act, POSH act, Maternity Benefit, PCPNDT, POCSO Act Judicial Interpretation- citation of CEDAW by Vishaka, Githa Hariharan, Shine cases, Sabarimala Institutional Mechanism- NCW, MWCD policies, state commissions, one-stop centres, gender budgeting Reporting & Oversight- regular CEDAW compliance reporting, NGO shadow reports, concluding observations Gaps & Challenges- Inconsistency in enforcement, resistance of personal law, intersectional violence, limits of capacity/resources In India, CEDAW has been translated into a multi-layered project-it is in legislature, judged by courts, established on the institutional levels, and at policy level. Although there has been successful implementation, there are a lot of issues regarding enforcement, and exceptions in personal laws. I hope this answer helps. In case of future queries please feel free to contact us. Thank you.

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