What Is CEDAW
The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) is an international treaty adopted by the United Nations General Assembly on 18 December 1979. It came into force in 1981 and is often described as an international bill of rights for women, since it obliges signing countries to take concrete steps toward gender equality in political, social, economic, and cultural life.
India signed CEDAW in July 1980 and ratified it on 9 July 1993. Ratification means India formally agreed to be legally bound by the treaty’s obligations, subject to certain reservations and declarations explained below.
India’s Reservations and Declarations
When ratifying, a country can attach declarations (statements clarifying how it interprets a provision) or reservations (formal exceptions where it does not fully commit to a provision). India entered the following:
- Declaration on Articles 5(a) and 16(1): India stated it would follow these provisions, which deal with eliminating gender stereotypes and equal rights within marriage, in line with its policy of non-interference in the personal affairs of any community without that community’s consent. This effectively protects the operation of personal laws.
- Declaration on Article 16(2): India supported the principle of compulsory registration of marriages in principle but considered it impractical to enforce given the country’s diversity of customs and literacy levels.
- Reservation on Article 29(1): India did not accept the provision allowing disputes over CEDAW’s interpretation to be referred to the International Court of Justice.
How CEDAW Shapes Indian Domestic Law
CEDAW is not automatically enforceable in Indian courts on its own. Under India’s constitutional structure, international treaties require domestic legislation or judicial incorporation to have direct legal effect. Article 51(c) and Article 253 of the Constitution allow Parliament to make laws to implement international obligations, while Article 51(c) also directs the State to foster respect for international law.
Several important domestic laws and standards reflect CEDAW’s influence:
- The Protection of Women from Domestic Violence Act, 2005: Provides civil remedies, protection orders, and residence rights for women facing violence at home, echoing CEDAW’s call to address violence within the family.
- The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act): Establishes Internal Committees and complaint mechanisms in workplaces, directly influenced by CEDAW’s mandate to eliminate discrimination in employment.
- The Maternity Benefit Act, 1961, as amended in 2017: Reflects CEDAW’s requirement that maternity should not result in employment discrimination.
- The Hindu Succession (Amendment) Act, 2005: Advanced equal inheritance rights for daughters, aligning with CEDAW’s equality principles in family and property matters.
- National Commission for Women Act, 1990: Created a statutory body to safeguard women’s rights, supporting CEDAW’s institutional monitoring goals.
The Committee on the Status of Women
At the international level, compliance is monitored by the Commission on the Status of Women and the CEDAW Committee, to which India submits periodic country reports on progress and challenges in implementing the Convention.
Timeline of Key Milestones
| Year | Event |
|---|---|
| 1979 | CEDAW adopted by the UN General Assembly |
| 1980 | India signs CEDAW |
| 1981 | CEDAW enters into force internationally |
| 1990 | National Commission for Women Act enacted |
| 1993 | India ratifies CEDAW with declarations and one reservation |
| 2005 | Domestic Violence Act and Hindu Succession Amendment enacted |
| 2013 | POSH Act enacted following CEDAW-aligned workplace protections |
| 2017 | Maternity Benefit Act amended to expand leave entitlements |
Frequently Asked Questions
CEDAW binds India at the international level, but it takes effect domestically only through legislation enacted by Parliament.
A declaration clarifies how a country will interpret a provision without rejecting it, while a reservation formally excludes a specific obligation.
India did not want disputes about the Convention’s interpretation to be automatically referred to the International Court of Justice.
No, India’s declarations specifically preserve personal laws relating to community and family matters.
The Domestic Violence Act, 2005, the POSH Act, 2013, and the Hindu Succession Amendment Act, 2005 are commonly cited examples.
