CEDAW – CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN

International instruments UDHR and ICCPR have all recognized the basic equality of men and women. However, there was a basic need to have an instrument specifically addressing the problem of violation of women’s right. The UN adopted CEDAW in order to ensure that State parties effectively protect women’s rights.

CEDAW defines discrimination against women as any ‘distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment, or exercise of women of human rights, fundamental freedom in the political, social, cultural, civil or any other field.

To achieve the goals of CEDAW the state should:

Condemn discrimination against women.

Embody the principle of equality of men and women in the Constitution.

Ensure the practical realization of this principle through law and other appropriate measures.

Modify or abolish existing laws, regulations, customs, and practices which are discriminatory against women.

Establish competent national tribunals and other public institutions to protect women.

Women have the right to vote and participate in government and non-governmental organizations.

Women’s place in education field and employment and other general rights are spelled out.

 

The Constitution of India provides the legal framework for integration and implementation of measure promoting and protecting human rights of women. The incorporation of CEDAW principles have been evident in the judgements by the Supreme Court and these judgments are binding on all courts of India.

India has several specific legislations and policies affecting women:

The Factories Act: weights to be carried by women.

The Contract Labor Act: separate provision of utilities for women and fixed working hours.

The Maternity Benefit Act

The Equal Remuneration Act

The Domestic Violence Act

The Dowry Act

The Sexual Harassment and Sexual Harassment at Workplace Act

Personal Laws.

 

Commissions have been set up for better protection of the Rights of Women.