Punjab & Haryana High Court, Chandigarh
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Convention on Elimination of Discrimination Against Women (CEDAW), 1979

Full Name: Convention on the Elimination of All Forms of Discrimination Against Women
Adopted: 18 December 1979 (entered into force 3 September 1981)
Type: Binding Treaty
Articles: 30
Monitoring Body: Committee on the Elimination of Discrimination Against Women
India’s Status: Ratified 9 July 1993 ✓ (with declarations on Articles 5(a), 16(1), 16(2))

Overview

CEDAW is often called the International Bill of Rights for Women. It defines discrimination against women and sets an agenda for national action to end it. It covers political, economic, social, cultural, and civil rights.

Key Articles & Indian Application

  • Article 1: Definition of discrimination — any distinction based on sex that impairs women’s rights
  • Article 2: State obligation to eliminate discrimination — policy, law, practice
  • Article 5: Modify social and cultural patterns — India reserved this article
  • Article 11: Elimination of discrimination in employment — basis for Vishaka Guidelines
  • Article 15: Equality before law — mirrors Article 14
  • Article 16: Equality in marriage — partially reserved by India

Landmark: Vishaka v. State of Rajasthan (1997)

The most significant use of CEDAW in Indian law. The Supreme Court directly relied on CEDAW Articles 11 and 24 to frame workplace sexual harassment guidelines. Justice Verma held: “In the absence of domestic law occupying the field, to formulate effective measures to check the evil of sexual harassment of working women at all workplaces, the contents of international conventions and norms are significant for the purpose of interpretation.”

India’s Reservations

India declared reservations on Articles 5(a) (modifying social patterns — subject to non-interference in personal affairs without consent), 16(1) (equality in marriage — subject to specific policy), and 16(2) (registration of marriages — due to diverse practices). These reservations have been criticized by the CEDAW Committee.

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