A Digest of Case Law on the Human Rights of Women - Asia Pacific ...

Government is discriminatory. Some challenges have been made in the superior
courts, using both the constitutional guarantee <strong>of</strong> equality and the obligations the
Indian Government has under CEDAW. In most <strong>of</strong> the cases which have challenged
religion-based family laws on the basis that they discriminate against women, the
courts have declined to intervene on the ground that the parliament and not the
judiciary is the appropriate forum for such matters.
The first review <strong>of</strong> India’s obligations under CEDAW by the CEDAW Committee was
held in New York in January 2000. The Committee strongly urged the Government
<strong>of</strong> India, in their concluding comments <strong>of</strong> the review, to initiate reforms in the
area <strong>of</strong> family law. They also urged the Government to introduce a requirement
for the compulsory registration <strong>of</strong> marriages. However, so far, the Government has
not removed or amended the reservation or the declarations made when it ratified
CEDAW.
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CEDAW Country Ratification Report: India