Discrimination Against Women Essay

B.AgainstDiscrimination

Convention:Convention on the Elimination of All Forms of Discrimination against Women New York, 18 December 1979

Brief:CEDAW is the first International Law Instrument focusing entirely on elimination of all forms of discrimination against women. Adopted by the United Nations on 18 December 1979, the Convention on Elimination of all Forms of Discrimination against Women entered into force on 3 September 1981. It has been ratified by India in 1993. CEDAW is made up of VI Parts containing 30 Articles. After giving in Article I a meaning to the term "discrimination against women", it "condemns discrimination against women in all its forms" under Article 2. Salient features of the Convention regarding which States are required

The law implementing agencies are existing but, judiciary being law interpreting agency and legislative wing being law making agency have also contributed towards the implementation of CEDAW. While performing the role of custodian and guardian of constitutional rights of the citizen and watching towers for performance of duties of the State, several judgments have been given by the different High Courts and by the Supreme Court in India wherein, arms of the existing laws have been extended to embrace within it the ideologies of equality, liberty and fraternity. Elimination of discrimination, being ultimate product of maintaining equality will have to be viewed as a negative checkpoint to attain the result of elimination of all forms of discrimination. The women, as a class, being most oppressed and suppressed, dejected and rejected, exploited and underprivileged, need to be taken utmost care to see to it that the discrimination may not go any further. Exemplifying by judgments of Hon’ble Apex Court of India in this part of chapter in view of the fact that the subject of the research is administration of CEDAW in India and its rate of success to eliminate all forms of discrimination against women can reasonably be relate to the contribution of judiciary. It is felt that a

Known as an inquiry procedure, this capacity is found in article 8 of the Optional Protocol.

The optional protocol includes an inquiry procedure, as well as a complaints procedure. An inquiry procedure enables the Committee to conduct inquiries into serious and systematic abuses of women's human rights in countries that become States parties to the Optional Protocol. It is modelled on an existing human rights inquiry procedure, article 20 of the International Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The inquiry procedure:

• Allows investigation of substantial abuses of women's human rights by an international body of experts

• Is useful where individual communications fail to reflect the systemic nature of widespread violations of women's rights

• Allows widespread violations to be investigated where individuals or groups may be unable to make communications (for practical reasons or because of fear of reprisals)

• Gives the Committee an opportunity to make recommendations regarding the structural causes of