Convention on the Elimination of All Forms of Discrimination against Women (1979)

CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (1979) was adopted by the UN General Assembly and is often described as an international bill of rights for women. Consisting of a preamble and 30 articles, it defines what constitutes discrimination against women and sets up an agenda for national action to end such discrimination. As a signatory to CEDAW in 1980, India is re legally bound to put its provisions into practice.

CEDAW 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."

CEDAW can thus be used in petitions related to cases of Domestic Violence. The main provisions of CEDAW that are applicable to cases of Domestic Violence are as follows. Article 2 declares comprehensive state obligation to eliminate discrimination against women. Article 5 defines Elimination of prejudices and practices, based on the stereotyped roles of women and men. Article 16 protected women from elimination of discrimination in marriage and family relations: equality of women and men, same rights and responsibility

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