Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the Government’s report, as well as the comments of the Centre of Indian Trade Unions (CITU) concerning the application of the Convention, received on 30 August 2005, which were forwarded to the Government on 5 September 2005. CITU alleges that a public sector company was implementing a special voluntary retirement scheme for women and that the same company refused to give jobs to female heirs of deceased employees, while this was done for male heirs. The Committee asks the Government to provide a reply to CITU’s comments.

2. Discrimination on the basis of social origin. In its previous observation, the Committee noted that in the practice of manual scavenging, persons belonging to a certain social group called the Dalits (or members of the scheduled castes as they are referred to in the relevant legislation), are usually engaged on account of their social origin and that this constitutes discrimination, as defined in Article 1(1)(a) of the Convention. The Committee was concerned that, despite the measures taken by the Government so far, manual scavenging continues to be used in large parts of the country and large numbers of men and women are still required to perform degrading tasks by reason of social origin and economic circumstances in inhuman conditions, in contravention of the Convention. The Committee expressed the hope that the Government would step up its efforts to ensure the prompt elimination of this practice and the access of the persons involved to other, more decent, jobs.

3. The Committee notes that the Government’s report updates previously submitted information on the achievements of the Urban Low Cost Sanitation for Liberation of the Scavengers Scheme. According to this information, 102 scavengers were liberated between 1 January and 10 September 2002 under this scheme, with the conversion or construction of latrines planned under the scheme expected to liberate a further 112,460 manual scavengers. The report also indicates that the seven states and six union territories were scavenger-free and that 11 states have not yet adopted the decisions necessary for the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act to enter into force in their jurisdictions.

4. The Committee also notes the reports of the National Commission for Safai Karamcharis up to the year 2000 which the Government has supplied with its report. In its report covering the period from 1998 to 2000, the National Commission considered that there was an immediate need to adopt the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act in states where dry latrines exist. It also considered that, where the Act was in force, it was not being effectively implemented. The Commission further observed that, in almost all states, the implementation of the Scheme for the Liberation and Rehabilitation of the Scavengers and their Dependents, which the Committee had noted in its previous comment, has been extremely poor.

5. The Committee notes that the Government’s report contains very little new information on this matter and no replies to the specific requests made by the Committee. Nevertheless, it notes that the Tenth Five-Year Plan (2002-07) refers to a nation-wide programme for the total eradication of manual scavenging on a time-bound basis by 2007, including state-specific plans of action concerning the construction of wet latrines and provision of alternative training and jobs to scavengers. The Committee requests the Government to provide detailed information on the specific action taken by the central Government and at the level of the states and union territories to put an end to the practice of manual scavenging and on the progress made in the identification, liberation and rehabilitation of scavengers, including updated statistical information. It also requests the Government to provide information on the efforts made to ensure that the 1993 Act enters into force, as soon as possible, in all states where manual scavenging exists. In the absence of any information on these matters in the Government’s report, the Committee urges the Government:

-  to take measures to ensure that the state, local and railway authorities apply and enforce the prohibitions contained in the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, and that the penalties provided for their violation are effectively imposed (please provide indications on the number of prosecutions engaged and the number and nature of penalties imposed);

-  to evaluate the effectiveness of the existing schemes for the construction of flush latrines and the rehabilitation of manual scavengers, taking into account the reports and recommendations of the competent organs, including the National Commission for Safai Karamcharis and the National Commission on Scheduled Castes and Tribes; and

-  to launch and/or expand public-awareness programmes for the population and educational and training programmes for the authorities involved, in order to promote the changes in attitudes and social habits which are necessary to bring about the elimination of manual scavenging.

The Committee requests the Government to provide information on the specific measures taken in respect to these matters.

6. The Committee notes from the Government’s report that, as of 1 January 2003, members of scheduled castes constituted 16.52 per cent of central government service employees, with a representation between 11.93 per cent in group A and 19.98 per cent in group D. Some 58 per cent of safai karamcharis in central government service were schedule caste members. The Committee notes that the 15 per cent reservation made for representation for the central service has not yet been achieved in groups A and B and that progress in achieving this target has been very slow in recent years. The Committee also notes the detailed information contained in the report of the National Commission for Scheduled Castes and Scheduled Tribes (1999-2001), in particular the Commission’s recommendations concerning a wide range of measures that should be taken with a view to addressing the problem of untouchability which, in the view of the Committee, needs to be addressed effectively if discrimination on the ground of social origin is to be eliminated. The action proposed by the National Commission includes measures to strengthen the enforcement of the Protection of Civil Rights Act, increased cooperation of the responsible public authorities at the various levels, and broad awareness-raising campaigns. Recalling its previous observation in which it expressed the hope that the Government would make renewed efforts and take further action with a view to eliminating discrimination in employment and occupation for members of the Dalit population and promoting equality of opportunity and treatment for them, the Committee requests the Government to provide information on measures taken or envisaged to this end, including action taken to strengthen legal protection and social-economic empowerment of the Dalit. The Committee also asks the Government to provide information on the steps taken to raise awareness among workers and employers of the issues involved, including information on any cooperation with workers’ and employers’ organizations in this regard.

7. Discrimination on the basis of sex. The Committee recalls its previous comments concerning the wide inequalities that continue to exist between men and women with respect to access to education and training, and employment and occupation. The Committee notes from statistical information provided by the Government that, in 2001, women constituted some 43 per cent of persons attending educational institutions, but that their level of participation in college and vocational education remains lower. However, nearly twice as many women as men attend literacy centres. The Committee notes from the Tenth Five-Year Plan that, according to the 2001 census, the female work participation rate was 11.6 per cent in urban areas and 31 per cent in rural areas, compared to 50.9 per cent (urban) and 52.4 per cent (rural) for men. Women’s participation in the organized sector, the public sector and government service still remains very low, as compared to men. The Committee requests the Government to provide information on the action taken or envisaged to promote women’s equal access to education and training, employment in the organized and public sectors, as well as government service. It also asks the Government to continue to provide statistical information indicating the progress made in eliminating the educational gap between men and women, and their participation in employment and work in all sectors. Further, the Committee invites the Government to provide updated information on the measures taken or envisaged to promote women’s access to vocational training and income-generating activities, including measures and programmes targeting Dalit and tribal women. Finally, the Committee notes that the Government is in the process of collecting information regarding the implementation of the National Policy for the Empowerment of Women (2001) and requests the Government to supply this information in its next report.

The Committee is raising other points in a request addressed directly to the Government.