CEDAW ( UNITED NATIONS)

 


Introduction

Commission on the Status of Women (CSW) was originally established in 1946 as a sub- commission of the Commission on Human Rights, but quickly granted the status of full commission as a result of the pressure exerted by women's activists. The mandate of the CSW included the preparation of recommendations relating to urgent problems requiring immediate attention in the field of women's rights with the object of implementing the principle that men and women should have equal rights.1 In 1974, at its twenty-fifth session and in the light of the report of this working group, the Commission decided, in principle, to prepare a single, comprehensive and internationally binding instrument to eliminate discrimination against women. This instrument was to be prepared without prejudice to any future recommendations that might be made by the United Nations or its specialized agencies with respect to the preparation of legal instruments to eliminate discrimination in specific fields. On 18 December 1979, the Convention on the Elimination of All Forms of Discrimination against Women was adopted by the United Nations General Assembly at New York. At the special ceremony that took place at the Copenhagen Conference on 17 July 1980, 64 States signed the Convention and two States submitted their instruments of ratification. On 3 September 1981, 30 days after the twentieth member State had ratified it, the Convention entered into force - faster than any previous human rights convention had done - thus bringing to a climax United Nations efforts to codify comprehensively international legal standards for women. By the tenth anniversary of the Convention in 1989, almost one hundred nations have agreed to be bound by its provisions.

 

What is CEDAW?

 

 The Convention was the culmination of more than thirty years of work by the United Nations Commission on the Status of Women. Among the international human rights treaties, the Convention takes an important place in bringing the female half of humanity into the focus of human rights concerns. The spirit of the Convention is rooted in the goals of the United Nations: to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women. The present document spells out the meaning of equality and how it can be achieved. In so doing, the Convention establishes not only an international bill of rights for women, but also an agenda for action by countries to guarantee the enjoyment of those rights. By accepting the Convention, States commit themselves to undertake a series of measures to end discrimination against women in all forms, including

: · to incorporate the principle of equality of men and women in their legal system, abolish all discriminatory laws and adopt appropriate ones prohibiting discrimination against women;

· to establish tribunals and other public institutions to ensure the effective protection of women against discrimination; and

 · to ensure elimination of all acts of discrimination against women by persons, organizations or enterprises.

 

 

Contents of the CEDAW  [1]

 

The preamble of the Convention states the general premise of eliminating discrimination. Article 1 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 by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field". Articles 2 -6 cover the general obligations to be undertaken by State Parties such as, for example, to implement the principle of the equality of men and women in legislation as well as to prohibit by law or other means all discrimination against women; further to establish legal protection of the rights of women, national tribunals and other public institutions to ensure the effective protection of women against discrimination

The Articles 7 - 16 specify the different areas that particularly affect women and the state obligations in that regard. This list of areas and measures is not an exhaustive coverage of all areas of gender discrimination; for instance it does not explicitly address violence against women.

Articles 17 - 30 describe working procedures, reporting mechanisms and dynamic aspects of the Conventi on, which include important points such as the establishment of a "Committee on the Elimination of Discrimination against Women" which shall be elected by the Member States (Article 17) By 2017, 35 recommendations had been adopted by the CEDAW Committee.

 

State Reports

 As soon as a State has ratified the Convention it has to report in the first year and thereafter every four years to the CEDAW Committee or whenever the CEDAW Committee requests it. The State report shall focus on the legislative, judicial, and administrative or other measures which have been adopted to implement the provisions of the present Convention including the General Recommendations and on the progress made, State Reports should also indicate factors and difficulties affecting the degree of fulfilment of obligations under CEDAW. These procedures are regulated under Article 18 of the Convention.

 NGO participation

The CEDAW Committee also supports the submission of country - specific information from NGOs in the form of alternative or shadow reports to the State Reports. NGOs can submit their reports to the Committee prior to or at the session concerned; the shadow report will be considered for the Concluding Comments and recommendations to the State party

Concluding comments

  CEDAW by UN Women watch 19 oct, 2005  Concluding comments, also known as Concluding Observations are recommendations issued by the Committee following the review of those States (and shadow) reports. The CEDAW Committee comments on the progress made by the State Party in implementing its obligations under the treaty and make recommendations for improvement. Optional Protocol On 6 October 1999 the General Assembly adopted a 21 - article Optional Protocol to the CEDAW Convention and called on all CEDAW States parties to ratify the new instrument.  State parties have ratified the Optional Protocol and recognize the competence of the CEDAW Committee to receive and consider complaints from individuals or groups. The Protocol contains two procedures:

 (1) An individual complaint/communications procedure, which provides individuals and groups the right to lodge complaints with the CEDAW Committee, a guideline to this procedure can be found on the CEDAW website;

 (2) An inquiry procedure, which enables the CEDAW Committee to conduct inquiries into serious and systematic abuses of women`s rights. These mechanisms are only applicable in countries that are states parties to the Optional Protocol.

 

Indian Scenario

To date, 187 out of 193 United Nations member states have ratified CEDAW. In 1994, India ratified the Convention of the Elimination of all forms of Discrimination Against Women (CEDAW) treaty. According to India Today’s newspaper article dated June 2011, India is the fourth most dangerous place for women in the world. “The poll conducted among 213 gender experts who ranked countries on their overall perception of danger, as well as by six key categories of risks--health, sexual violence, nonsexual violence, harmful practices rooted in culture, tradition or religion, lack of access to economic resources and human trafficking” In 1997 a group of women’s NGOs brought a petition to the Supreme Court of India on behalf of a woman who had been brutally gang raped by her colleagues in a village in Rajasthan Vishaka and others v. State of Rajasthan and others [2](1997). The victim, a publicly employed social worker, had been visiting a rural village to investigate a claim of child marriage when she was gang-raped. Local officials failed to investigate the crime, in part because no laws existed in India to protect women from sexual harassment in the workplace or while on the job. The women’s organizations filed a class action suit under Article 32 of the Constitution to seek court enforcement of the rights of working women, and cited India’s commitments under Articles 11 and 24 of CEDAW. The court declared that through its ratification of CEDAW and its commitment to the Beijing Platform of Action, India had endorsed the international standard of women’s human rights, which must include protection from sexual harassment. The court also drew up a set of implementing guidelines and norms, including detailed requirements for processing sexual harassment complaints.

 

 

ABUSE OF WOMEN RIGHTS

 

 Bride Burning – Dowry Abuse Bride burning or dowry deaths are when a bride is doused with a flammable liquid, usually kerosene, and lit on fire by a husband and/or in-laws when they determine a dowry is inadequate, dowry payments fall behind, or a new demand to the bride or the bride’s parents is not fulfilled. Bride burning will often result in the wife’s death. In 1986, the Indian government added ‘dowry deaths’ under penal code 304-B, where a bride, within 7 years of her marriage is killed and it is shown that soon before her death, she was subjected to cruelty or harassment by her husband, or any relative of her husband, or in connection with any demand for dowry, such death shall be called ‘dowry death’ and such husband or relative shall be deemed to have caused her death. The National Crime Records statistics show that in 1994 there were 4,935 dowry deaths and 25,946 cases of dowry harassment, while in 2005, eleven years after the signing of CEDAW, that number increased to 6,787 dowry murders and 58,319 incidents of dowry harassment (National Crime Records Bureau: Ministry of Home Affairs, 2005). As of 2008, there were 31,950 pending cases of dowry deaths, 117 cases withdrawn, 1,948 convicted, and 3,876 acquitted or discharged[3] (National Crime Records Bureau: Ministry of Home Affairs, 2008). The trend for dowry harassment and dowry deaths are on the rise, therefore there is no evidence that the ratification of CEDAW has helped reduce this violent act against women.

 

Female Foeticide - Female foeticide is where female foetuses are selectively aborted after prenatal sex determination, thus avoiding the birth of girls. Sabu Mathew George v. Union of India[4]  In this case, a writ petition was filed by a public- spirited person for getting directions for the implementation of The Preconception and Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994. It was contended by him that Ministry of Communication and Information Technology with the help of its agencies shall block all websites which were advertising and promoting sex selection techniques by way of including them in their search results. The Court after considering the question of access of information with regard to sex determination gave direction for auto blocking the results of the same. This was a judgment which highlighted the issue of preferring boy over girl and it was a big step to abolish the problem of female infanticide.

 Human Trafficking – Sex Slaves Human trafficking and/or sex slave is defined as: the procurement, recruitment, transportation, transfer, harbouring or receipt of persons, legally or illegally, within or across borders, by means of threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of giving or receiving payments or benefits to achieve the consent of a person having control over another person, for monetary gain or otherwise (India Development Gateway, 2011). In India, more than 1.2 million children are caught up in human trafficking as child prostitutes[5]. Many girls are tricked into leaving their homes with the promise of a well-paid job, some are abducted, and others sold by their families or their husband. With the enormous amount of children caught up in trafficking in India, the number of reported cases for 2007 and 2010 are very high. Statistically, these numbers show that CEDAW has not reduced this violent act against women.

 

Few Other important Judgments.

Air India v. Nargesh Meerza[6] (1981)

In this case, certain discriminatory rules made by Air India were under the scanner of Supreme Court. The rules formulated by Air India were that an Air hostess would retire on attaining the age of 35 years, or on marriage if marriage is contracted within the first four years of service or on the first pregnancy of the Air Hostess, whichever was earlier. The Court held the rules as unconstitutional and struck them down. It was held that the rules were arbitrary in nature and in violation of Article 14 of the Constitution. It was further held that excessive power was being delegated in the hands of the Managing director and till the time a uniform police was taken up the age of retirement of all air hostess would be .

Vishakha v State of Rajasthan[7]  The case was about sexual harassment at work place, the court took notice of the issue and agreed there was a indeed a void which needed to be filled. The court for the first time invoked the International Covenants to which India was party and signatory. It specifically relied on the Convention on the Elimination of All Forms of Discrimination against Women, 1979, to adjudicate the instant petition. The court held that there was a need to provide a safe environment to women which was free from sexual harassment and as such it made several guidelines for the implementation by the employers and the government.

 Indian Young Lawyer’s Association v. The State of Karnataka,[8]   In this case, the question before Supreme Court was regarding the entry of women from the age of 10 to 50 inside the Lord Ayappa temple at Sabrimala, Kerala. It was held by the court that the exclusionary practice at Sabrimala was violating the rights of the women since it imposed restriction on their freedom and as such the Rule which placed a restriction on their entry was violative of their right to Worship.

 

Ministry of Defence v. Babita Punia & Ors.[9]

 Recently, on 17th Feb, 2020 India's top court ruled that all women army officers are now eligible for permanent commissions, allowing them to be in commanding roles. The ruling means that all women officers will now be on par with men when it comes to promotions, ranks, benefits and pensions. The Supreme Court rejected the government's plea to overturn the Delhi high court's order on the same matter. The ruling has been hailed as a "great leap" towards equality in the army

 

The Indian constitution was adopted on November 26, 1949; two years after India became a sovereign nation. Article 14 of the Indian constitution, Equality Before Law, states, “the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India” (Ministry of Law & Justice, n.d.). Article 15 Prohibits discrimination on grounds of religion, race, caste, sex or place of birth and further states. From a national level, in 1992, India established the National Commission for Women, which is the national mediator for women. In 1997 India established a parliamentary committee on the empowerment of women, and in January 2001, India announced its commitment to the empowerment of women through the launching of a new National Policy on Women’s Empowerment. According to Amnesty International, however, “these policies should be more than just further rhetoric and should firmly address ongoing problems of non-implementation and/or discriminatory implementation of safeguards and impunity for perpetrators of violence against women” Summit 1999

 

 

CONCLUSION

 

Violence against women is maintained in India, also, because: the reality of the situation on the ground for women and members of vulnerable groups continues to be extremely harsh despite the Constitutional, legislative and administrative framework in place in India . The Government has undertaken various measures, through law, policies and programmes in the last 7-8 years to address gender inequality and to eliminate discrimination against women and girl children. Many laws and programmes are still being reviewed to repeal the discriminatory provisions. There are significant improvements on various indicators, which have been discussed at length, in the above paragraphs. With the general poverty level reducing to 26 per cent and the marked increase in female literacy level, slight improvement in sex ratio and the entry of women into decision-making bodies, the inequalities that exist between men and women have reduced. However gender discrimination continues to be a daunting challenge and the Government will continue to pursue all measures, in a concerted manner, to eliminate discrimination against women and to translate the dejure rights into defacto enjoyment of rights and equal results. The Government commits to pursue the National Policy on Empowerment of Women, 2001 and the Plan of Action that is being adopted to give effect to this policy, strengthen gender budgeting and the Women Component Plan and adopt planning strategies that enhance socio-economic gains for women, which in turn would lead to empowerment of women.

 

Bibliography

·       Constitution Of India, 1950

·       Universal declaration on Human rights 1948

·       CEDAW, 1979

·       Anne Hellum , Women's Human Rights: CEDAW in International, Regional and National Law Cambridge University Press, 2013

 

 

Websites:-

https://uwbpolicyjournal.files.wordpress.com/2013/06/cedaw-and-the-impact-on-violence-against-women-in-india.pdf

https://www.wilpf.org/a-look-at-womens-rights-in-india-through-cedaw/

https://asiapacific.unwomen.org/en/countries/india/cedaw

https://www.un.org/womenwatch/daw/cedaw/cedaw36/India2-3E.pdf

 



[2] (1997) 6 SCC 241

[3] (National Crime Records Bureau: Ministry of Home Affairs, 2008)

[4] WRIT PETITION (CIVIL) NO. 341 OF 2008

 [5] Source:- (Cable News Network, 2009)

[6] 1981 SCC(4) 335

[7] Supra Note 2

[8] WRIT PETITION (CIVIL) NO. 373 OF 2006

[9]  Civil  Appeal No 9367-9369 of 2011

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