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What India’s Ratification of CEDAW Really Means

  • rasika773
  • 3 days ago
  • 6 min read

"Hello everyone! Today, we're excited to discuss an important topic - Understanding the Implications of India’s Ratification of CEDAW. Before we begin, we want to take this opportunity to remind you that if you are experiencing any form of stress or violence, please remember that each person's journey through stress or trauma is unique, and it's essential to recognize your individuality. Experiencing abuse is never acceptable, and the effects you may feel are valid. Remember, healing is a personal journey, and there's no one-size-fits-all approach. You have the power to define your path to recovery. If you're seeking additional resources or support, don't hesitate to reach out Imaara Foundation.

Let's dive into this discussion together!"


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Written by: Samyuktha Sairam


What is CEDAW?

The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) was adopted by the United Nations on 18 December 1979 and came into force as an international treaty in 1981. Developed by the United Nations Commission on the Status of Women, CEDAW consolidates and elaborates the Commission’s long-standing efforts to address and eliminate gender inequality.


While CEDAW does not require all UN member states to implement its articles, it carries important political and moral influence in shaping global standards on gender equality. Countries that choose to become signatories must submit periodic reports on the measures they have taken to implement the Convention. CEDAW also establishes the Committee on the Elimination of Discrimination Against Women, a global monitoring body responsible for reviewing these reports and initiating inquiries into potential violations of the Convention (United Nations, 2025).


India became a signatory to CEDAW in July 1980 and later ratified the Convention. India has also embedded its commitment to gender equality within its Constitution. By ratifying CEDAW, India accepts an ongoing obligation to the Committee to promote gender equality not only through legal reforms but also by encouraging cultural, social, and institutional change (Government of India, 2021).

Composition and Provisions of CEDAW

CEDAW follows a structure similar to the International Convention on the Elimination of Racial Discrimination, dividing its 30 articles into six parts, each addressing a different dimension of gender equality and state responsibility.


Part I (Articles 1–6): Defining Discrimination and State Obligations

This section defines discrimination against women and outlines the moral, legal, and political responsibilities of states that have ratified the Convention. It also addresses gender stereotypes, exploitation, and trafficking.


Part II (Articles 7–9): Political Participation and Nationality

Part II focuses on women’s rights to participate in public and political life, hold public office, and retain or change their nationality without discrimination.


Part III (Articles 10–14): Socio-Economic Rights

This section covers women’s rights in education, employment, health, and economic and social life. It includes specific protections for rural women.


Part IV (Articles 15–16): Equality Before the Law and in Marriage

Part IV emphasizes legal equality, including equal rights within marriage, family relations, property, and civil matters.


Part V (Articles 17–22): Monitoring and Reporting

This part establishes the Committee on the Elimination of Discrimination Against Women and outlines procedures for states to submit periodic reports on their progress and challenges.


Part VI (Articles 23–30): Implementation and Relationship With Other Treaties

The final section discusses how CEDAW interacts with other human rights conventions and outlines procedures related to ratification, amendments, and administration.


CEDAW shares several objectives with UN Security Council Resolutions 1325 and 1820, which focus on women’s participation in decision-making at local, national, and international levels and call for gender equality in legal and political systems. These instruments reinforce one another, and endorsements from related UN bodies often strengthen their collective impact (Henkin, 2009; United Nations, 2025).

Ratification of CEDAW in India

India signed CEDAW in July 1980 and formally ratified the Convention in 1993. At the time of ratification, India submitted two declarations and one reservation. Declarations are used to clarify a country’s interpretation or stance regarding specific articles, while reservations indicate articles a state does not commit to fully implementing. CEDAW permits reservations as long as they do not undermine the Convention’s central purpose of eliminating discrimination against women.


India’s Declarations: Articles 5, 16(1), and 16(2)

  • Article 5 focuses on eliminating gender-based stereotypes, prejudices, and discriminatory cultural practices.

  • Article 16(1) outlines equal rights in marriage, including the right to enter marriage freely and with equal responsibilities.

India’s declaration states that, while it supports these articles, the government will not intervene in the personal laws or practices of any community without that community’s express consent.

  • Article 16(2) calls for all marriages to be officially registered to prevent practices such as child marriage. India clarified that it supports the principle but considers mandatory registration impractical due to the country’s cultural and social diversity.


India’s Reservation: Article 29(1)

India maintains a reservation to the first paragraph of Article 29, which allows disputes between states regarding the interpretation of the Convention to be referred to the International Court of Justice (ICJ).India’s position is that such matters should be resolved through its domestic legal system, as provided under its Constitution. Since this reservation does not compromise the Convention’s main objectives, it is considered valid under international treaty law.(Permanent Mission of India in Geneva, 2024; International Women’s Rights Action Watch Asia Pacific, 2018).


National Initiatives Following Ratification

Since ratifying CEDAW, India has introduced numerous policies and programmes to advance gender equality and strengthen protections for women. Examples include:

  • Beti Bachao Beti Padhao, which promotes the survival, education, and empowerment of girls.

  • The National Social Assistance Programme, which enhances social security measures for women and other vulnerable populations.


These initiatives reflect India’s ongoing efforts to align national policies with the goals and principles set out in CEDAW.

Using CEDAW in India as a Survivor of Gender-Based Violence (GBV)

While CEDAW primarily focuses on the rights of women, its principles also offer important protections for all individuals who experience gender-based violence (GBV). In addition to the substantive articles in Parts I and III, the Convention has been expanded over time through General Recommendations issued by the CEDAW Committee.


A significant milestone was General Recommendation No. 19 (1992), which formally recognized gender-based violence as a form of discrimination against women. It urged States to take concrete steps to prevent violence and support survivors. This was later strengthened by General Recommendation No. 35, which provided a more detailed, comprehensive framework for addressing GBV, with heightened obligations for prevention, protection, prosecution, and reparation.

State Responsibility Under CEDAW

CEDAW establishes that States bear the responsibility to protect individuals from GBV and to ensure access to adequate support services. For India, this requires legal, administrative, and policy reforms at multiple levels of governance to eliminate discrimination and improve safety for women and other vulnerable groups.


Following ratification, India enacted several key laws consistent with the Convention’s objectives, including:

  • The Protection of Women from Domestic Violence Act, 2005 (PWDVA)

  • The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013


These laws reflect India’s efforts to align domestic legislation with CEDAW obligations. Although they centre on women, it is important to note that GBV affects individuals across all genders, and many of the resulting support structures—such as helplines and crisis-response systems—are accessible to any survivor depending on the relevant scheme or authority.

Seeking Remedies Under the Optional Protocol

India is a signatory to the Optional Protocol to CEDAW, which allows individuals to submit complaints to the Committee on the Elimination of Discrimination against Women once all effective domestic remedies have been exhausted.


Key points include:

  • Complaints cannot be anonymous.

  • Submissions are reviewed confidentially by the Committee.

  • The Committee will notify the Government, which must respond within six months.

  • The Committee may then issue recommendations to the State.


Survivors can submit a communication through:

National-Level Options: National Commission for Women (NCW)

In India, the National Commission for Women (NCW) also receives and reviews complaints related to GBV. Survivors can seek assistance through:

  • Helpline: 7827170170

  • Online portal: (via the official NCW website)

  • Written complaint: submitted to NCW’s headquarters


Once the complaint is reviewed, the NCW issues an acknowledgement and may take actions such as:

  • Contacting local police authorities

  • Coordinating with Internal Committees (for workplace harassment)

  • Constituting an Inquiry Committee

  • Facilitating interventions with relevant state agencies or authorities

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