Adopted in 1979 by the United Nations General Assembly, CEDAW is often referred to as the international bill of rights for women. It entered into force in 1981 and has been ratified by more than 180 countries, including India (ratified in 1993). The main objective of CEDAW is to eliminate discrimination against women in all forms and to promote equality in political, economic, social, and cultural spheres.
CEDAW defines discrimination against women as “any distinction, exclusion or restriction made on the basis of sex” which impairs or nullifies women’s rights and freedoms. It binds member states to implement legal frameworks that promote gender equality, abolish discriminatory laws, and ensure access to justice for women.
Salient Features of CEDAW
- Equality before the law: CEDAW mandates that women must be treated equally with men in both public and private life.
- Political participation: It ensures women’s rights to vote, hold public office, and participate in decision-making.
- Education and Employment: Equal opportunities in education, job training, and employment are strongly emphasized.
- Healthcare: Access to appropriate healthcare services, including those related to family planning, is considered a right.
- Protection against exploitation: It urges states to take all necessary measures to suppress trafficking and sexual exploitation of women.
- Marriage and family rights: Equal rights during marriage, divorce, and child-rearing are guaranteed.
- Obligation of states: Signatory nations are expected to submit periodic reports to the CEDAW Committee to show progress.
India’s Legal Position and Compliance with CEDAW
While India ratified CEDAW with certain reservations, it has made significant legal reforms over the years to fulfill the treaty’s spirit. The Indian Constitution forms the backbone of women’s rights and incorporates several provisions:
- Article 14 – Guarantees equality before the law.
- Article 15(3) – Allows the state to make special provisions for women and children.
- Article 16 – Provides equality of opportunity in matters of public employment.
- Article 21 – Right to life and personal liberty, which courts have interpreted to include the right to live with dignity.
India has also enacted various gender-specific laws aligned with CEDAW’s principles:
1. Protection of Women from Domestic Violence Act, 2005
This Act offers protection to women from physical, emotional, sexual, and economic abuse in domestic settings. It includes the right to reside in a shared household and seek protection orders.
2. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
Framed after the landmark Vishaka Guidelines (1997), this Act aims to ensure a safe working environment for women.
3. Dowry Prohibition Act, 1961 and Section 498A IPC
These laws criminalize the giving and taking of dowry and provide punishment for cruelty by the husband or his relatives.
4. Maternity Benefit (Amendment) Act, 2017
It increases paid maternity leave and promotes workplace facilities like crèches for working mothers, ensuring women’s right to employment and motherhood.
5. Prohibition of Child Marriage Act, 2006
This law prohibits the marriage of girls below 18 and boys below 21. It aligns with Article 16 of CEDAW, which speaks of free and full consent in marriage.
6. Juvenile Justice (Care and Protection of Children) Act, 2015
This Act protects children in need of care and aims to rehabilitate juvenile offenders. It ensures that young girls, especially those who are trafficked or abused, are given justice and protection.
Challenges in Implementation
While India has taken commendable steps to meet international standards, the implementation gap remains a concern. Social barriers, patriarchal mindsets, illiteracy, and poverty often prevent women from accessing justice. Additionally, many women are unaware of their rights or fear social backlash if they raise their voices.
The reporting mechanism under CEDAW has helped bring these issues to global attention. India has submitted several reports to the CEDAW Committee, and based on these, the committee has made useful recommendations. However, greater awareness, improved law enforcement, and gender-sensitive judicial processes are needed to ensure real progress on the ground.
The Way Forward
To truly eliminate discrimination, efforts must move beyond legal reform to include education, social empowerment, and community participation. Strengthening institutions like the National Commission for Women (NCW), promoting gender budgeting, and supporting women-led initiatives can bridge the gap between law and reality.
India’s commitment to Sustainable Development Goal 5 (SDG 5), which aims to achieve gender equality by 2030, further strengthens the need for continuous monitoring, evaluation, and reform of existing systems.
Mnemonic to Remember – “CEDAW-PREM”
Use the simple mnemonic “CEDAW-PREM” to remember the key aspects of women’s rights under international and Indian law:
- C – CEDAW Treaty (global protection)
- E – Equality before law (Article 14, 16)
- D – Domestic Violence Act (2005)
- A – Article 15(3): Special provision for women & children
- W – Workplace safety (Sexual Harassment Act, 2013)
- P – Prohibition of Child Marriage Act (2006)
- R – Right to dignity (Article 21)
- E – Education & Employment equality (CEDAW Articles 10 & 11)
- M – Maternity Benefit Act (2017)
Conclusion
The rights of women under international and Indian law are expansive and rooted in principles of dignity, equality, and freedom. CEDAW, as a cornerstone of global gender rights, combined with India’s proactive constitutional and legislative measures, has laid a strong foundation. However, true empowerment lies not just in legal texts but in societal transformation—where women and children are respected, heard, and protected in all walks of life.
