AMITY UNIVERSITY CHATTISGARH
AMITY LAW SCHOOL
INTERNATIONAL LAW CLUB
PRESENTS
ESSAY WRITTING COMPETIOTION
THEME: WOMEN AND INTERNATIONAL LAW
SUB THEME: “ADVANCING WOMENS RIGHTS THROUGH INTERNATIONAL
LAW: PROGRESS, BARRIERS AND THE PATH FORWARD”
ESSAY WRITTEN BY
RAJISHKHA K.M.S
1ST YEAR LLM [INTERNATIONAL LAW AND ORGANIZATION]
SCHOOL OF EXCELLENCE IN LAW
TNDALU-CHENNAI
PHONE NO- 7010618175
EMAIL: kmsrajishkha@gmail.com
THEME: WOMEN AND INTERNATIONAL LAW
SUB THEME: “ADVANCING WOMENS RIGHTS THROUGH INTERNATIONAL
LAW: PROGRESS, BARRIERS AND THE PATH FORWARD”
Table of Content
1.Introduction
2.Evolution of Women’s Rights in International Law
2.1 Universal Declaration of Human Rights and Early Frameworks
2.2 The Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW)
3. Women’s Representation in International and Indian Decision-Making Bodies
3.1 Global Gender Gap in Leadership
3.2 The Indian Context
4. Women, Peace, and Security: The Role of International Law
4.1 UNSC Resolution 1325 and its Global Impact
4.2 India's Role in Peacekeeping and Women in Conflict Zones
5. Ongoing Challenges in Women’s Rights: The Indian Perspective
5.1 Gender-Based Violence
5.2 Reproductive Rights
6. Intersectionality in International and Indian Law
7. Recommendations
8. Conclusion
1. Introduction
Women's rights are considered an essential issue in international law. Because
of their status as women, they were barred in the past from enjoying the benefits
bestowed by the law. There was often a fundamental inequality with regard to
education, job opportunities, and political representation. All these changed at the end
of the 20th century when new international legal instruments began to take shape with
the intent of mitigating these differences. Treaties, such as the Universal Declaration
of Human Rights (UDHR) and the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW), shape this definition of gender equality
and women's rights.
This essay shall trace the development of women's rights under international law and
pay particular attention to the manner in which such developments have impacted
upon the Indian legal dispensation. Using a discussion of essential international
treaties, landmark Indian case law, and ongoing problems, this essay shall examine
the advances and setbacks that have taken place in efforts to achieve gender equality
both at the level of international legality and in the Indian legal context.
2. Evolution of Women’s Rights in International Law
2.1 Universal Declaration of Human Rights and Early Frameworks
It was adopted in 1948. It has been characterized as the first international
instrument outlining a wide range of rights to all persons without difference as to
sex. Although no special attempt was made to focus on women's rights, the
UDHR provided the foundation for ensuing legal instruments aimed at eliminating
discrimination based on differences of sex. Article 1 sets a watermark that all
human beings shall be equal in dignity
and rights and are born free, so establishing gender equality as a core principle in
international law.
2.2 The Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW)
One of the most significant treaties related to gender equality is the
international bill of rights for women, popularly called the CEDAW, which was
adopted in 1979. The signing member states are made to undertake all measures to
effectively eliminate discrimination against women in all walks of life. India
ratified the CEDAW in 1993, taking on the commitment to align the national laws
of the country with the strictest of international standards.
Since its adoption, India has taken giant strides in implementing CEDAW
provisions. Enactment of the Protection of Women from Domestic Violence Act,
2005 falls within India's conformation with her obligations under CEDAW. Such
legislation can be said to be a giant leap in terms of incorporating measures about
domestic violence, which is one of the most widespread issues in Indian society.
Enforcement, however remains tough as it is confronted by societal norms and
economic constraints that impede women's access to the law.
3. Women’s Representation in International and Indian Decision-Making Bodies
3.1 Global Gender Gap in Leadership
Currently, the gross under-representation of women in global decision-
making bodies remains a reality. The United Nations, the World Bank, and the
International Monetary Fund, from their inception, were established as patriarchal
institutions. Much notwithstanding, gains have been realized concerning increasing
the representation of women at these levels.
3.2 The Indian Context
The representation of women in politics and leadership has remained a
subject matter of much debate in India. The landmark case Vishaka v. State of
Rajasthan in 1997 marked a strong turning point in the legal approach of India toward
the protection of the rights of women at work. These judgments involve allegations of
sexual harassment against a female employee. It gave birth to rules and provided the
rationale for Sexual Harassment of Women at Workplace (Prevention, Prohibition,
and Redressal) Act 2013. The law is a litmus test of the Indian State's promise to
providing a workplace free of harassment and puts Indian State under international
obligation to treaties like CEDAW
Despite all this, the representation of women in Indian politics remains an issue. The
Women's Reservation Bill remains unenacted till date, trying to provide 33% of places in
Indian Parliament and state legislatures to women. Delays of this sort are symptomatic of a
greater lapse in general when women's voices worldwide are unheard at the very levels of
decision-making.
4. Women, Peace, and Security: The Role of International Law
4.1 UNSC Resolution 1325 and its Global Impact
Their respective roles in peace and security were recognized with UN
Security Council Resolution 1325 in the year 2000. Furthermore, more women and
processes of conflict resolution and peace must be involved because they are the
majority affected in armed conflict. This underlined the need for gender-sensitive
approaches to be presented in rebuilding peace as well as post-conflict reconstruction.
4.2 India's Role in Peacekeeping and Women in Conflict Zones
India also has been an enabling country to record the entry of women into
peacekeeping. It sent the first ever female police contingent in UNMIL (United Nation
Mission in Liberia) in 2007. The same did create history in changing participation as well as
the role of women across the globe in peacekeeping in achieving one of the objectives of
UNSC Resolution 1325.
Domestically too, India has its own set of concerns regarding the participation of women in
the conflict areas. While women have been quite influential in the Kashmir and North East
conflicts, such participation is still very limited. The reason is mostly societal and structural.
Legal frameworks, including UNSC Resolution 1325 are yet integrated fully into India's
policy approach regarding the role of women in the war zone which indicate gap between
international commitments and national practices.
5. Ongoing Challenges in Women’s Rights: The Indian Perspective
5.1 Gender-Based Violence
One of the worst and most severely plagued by one of the most pressing issues
India is around so many countries in the world-violence against women. It has enacted
the Criminal Law (Amendment) Act in 2013, after the Nirbhaya case, India's gang
rape, yet the gender-based violence continues across the country. It has redefined
rape, increased punishment, and criminalized stalking and acid attacks.
No small step in the right direction, it is the challenge of implementation that unfolds.
Sexual violence, among other atrocities, breeds stigma, apathy of the police, and slow
judicial processes that discourage many from seeking justice. International bodies like
the CEDAW Committee have called upon India to strengthen its legal frameworks
and improve better enforcement of the existing laws in reducing the incidents of
violence against women.
5.2 Reproductive Rights
This was also the case with reproductive rights, which is another vastly
contentious issue in India. Interestingly, internationally, reproductive rights have been
determined as a legal right under the International Covenant on Economic, Social and
Cultural Rights (ICESCR), which also constitutes a right to health. Availability of safe
abortion services, however remains an issue in India-most of the regions where abortion is
legal under the Medical Termination of Pregnancy Act, 1971.
One landmark case that is relevant to India is the one relating to the reproductive rights-
Suchita Srivastava v. Chandigarh Administration 2009 where the Supreme Court of India
granted a woman's right to a choice of reproductive. In effect, the Court highlighted the
element of bodily autonomy and rights in relation to reproduction and thereby linked the
matter to international human rights standards. Societal stigma and lack of access to health
care provision still prevent women's reproductive rights in India.
6. Intersectionality in International and Indian Law
It looks into the intersectionality, which is the overlap of various aspects of
discrimination. It stands as a tool through which one may better understand the gender
inequality related in India. Add to it the layers of blending of gender with caste, class,
and religion.
For example, the oppression faced by Dalit women is doubly structured by both the
caste and the gender. The NCDHR has highlighted the violence against Dalit women
quite vividly, and sexual violence perhaps is the most prominent tool for their
subjugation. Despite this, enforcement of the Protection of Civil Rights Act 1955 and
the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989
remains pretty weak, reflective of larger problems in tackling intersectional
discrimination both by international and national law.
7. Recommendations
India has fared much better with its women's rights, not only in self-legislative
frameworks but also within international standards. But there are issues that need to be
conveyed-gender-based violence, reproductive health rights, and the dearth of women in
power positions. The lack of law enforcement is so evident; more effort needs to be given in
dealing with the question of intersectional issues creating the tangle of inequality between
genders.
Further integration of international obligations into domestic policymaking, such as under
CEDAW and UNSC Resolution 1325, would be involved. Things that are needed include
legislation like the Women's Reservation Bill and mechanisms for accountability toward
gender-based violence.
International opinion plays a super role in monitoring and prodding those countries like India
to live up to their commitments towards women's rights. And by vigorous advocacy and
changes in law, "paths to gender equality" can be pursued-both for India and the world.
8. Conclusion
In a nutshell, though there are many improvements in advancing women's
rights under international law, still, enforcement and social barriers prove an arduous task. In
India's endeavors toward embracing international treaties such as CEDAW, comprehensive
legal reforms have been brought about, but transposing that between the law and practice
presents a huge hurdle. All women, coming from anywhere and everywhere, would have their
rights protected and promoted in a respect for how wide the chasm may be with regards to the
incorporation of intersectional perspectives in the pathway towards equality.
References
1. Rachael A. Dempsey, International Women’s Rights and the Convention on the
Elimination of All Forms of Discrimination Against Women 45 (Routledge 2018).
2. Convention on the Elimination of All Forms of Discrimination Against Women, adopted
Dec. 18, 1979, 1249 U.N.T.S. 13, available at https://www.ohchr.org/en/instruments-
mechanisms/instruments/convention-elimination-all-forms-discrimination-against-women.
3. Vishaka v. State of Rajasthan, AIR 1997 SC 3011.
4. The Protection of Women from Domestic Violence Act, 2005, § 3.
5. United Nations, Women’s Rights are Human Rights, UN Women, 2022,
https://www.unwomen.org/en/news/in-focus/in-focus-gender-equality-in-crisis-response/
womens-rights-are-human-rights.
