Individual Case (CAS) - Discussion: 2007, Publication: 96th ILC session (2007)

A Government representative said that with regard to the Committee of Experts' comments on discrimination based on social origin, article 16 of the Constitution of India provided for equality in employment. However, positive discrimination measures had been implemented by reserving posts for socially disadvantaged groups in government services through direct recruitment and promotion, among other methods. There had been indications of occupational diversification taking place among scheduled castes over recent years. The percentage of members of scheduled castes depending on agriculture had been declining and there was evidence of a shift to urban areas for their livelihood. The share of agricultural labourers among scheduled castes had also declined substantially over one decade. The Government had taken various initiatives to uplift and empower scheduled castes. The National Scheduled Castes Finance and Development Corporation provided credit facilities to beneficiaries for income-generating activities. The Scheduled Castes Development Corporations in individual states identified and motivated the target group by providing credit and missing inputs. The Protection of Civil Rights Act (1955) had been enacted in order to enforce article 17 of the Constitution, which abolished untouchability and prohibited its practice in any form. The Act applied nationwide. Furthermore, in order to halt atrocities against scheduled castes and scheduled tribes, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (1989) had been brought into force with the further objective of rehabilitating victims of such offences.

With regard to the Committee of Experts' comments on manual scavenging, the Government had adopted a three-pronged strategy to eradicate that practice. Firstly, legislation in the form of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act (1993) had been enacted. Secondly, centrally sponsored Integrated Low Cost Sanitation Schemes had been introduced, providing subsidies and loans for converting dry latrines into water-borne latrines and constructing wet latrines. Lastly, manual scavengers and their dependants were being rehabilitated to undertake more dignified occupations through the Self-Employment Scheme for Rehabilitation of Manual Scavengers.

Furthermore, a Central Monitoring Committee had been constituted under the chairpersonship of the Secretary of the Ministry of Social Justice and Empowerment to monitor the progress of implementation of the National Action Plan for Total Eradication of Manual Scavenging by 2007. The Committee had held six meetings to date.

As a result of that Committee's persistent efforts, there had been a significant improvement in eradicating manual scavenging. All states had adopted the 1993 Act, with the exception of Jammu and Kashmir and those states that had declared themselves as "scavenging free". Most states had reported that they had no dry latrines. The Low Cost Sanitation Scheme was being monitored to provide further assistance in converting dry latrines and constructing new, water-borne latrines.

Under the Self-Employment Scheme for Rehabilitation of Manual Scavengers, concessional credits of up to 0.5 million rupees and capital subsidies of up to 20,000 rupees per person for self-employment projects to be undertaken by manual scavengers and their dependants were provided. The principal emphasis was laid on capacity building by providing useful training linked with employment and self employment. Particular emphasis was laid on placements for trainees.

There was no manual scavenging in establishments managed by the railway authorities. An affidavit had also been filed before the Supreme Court in respect of WP (Civil) No. 583 of 2003 affirming that Indian Railways had no manual scavenging in establishments under its control and that it had always endeavoured to achieve high standards in managing its waste disposal system.

With regard to the observations concerning the application of Convention No. 111 in India, the special female Voluntary Retirement Scheme (VRS) introduced in 2002 had been operative only until 31 December 2003. Since the scheme was no longer in operation, the question of discrimination in that regard did not arise. The BPE VRS operating in the subsidiaries of Coal India Ltd to reduce surplus manpower did not discriminate by gender.

The special female VRS had been intended to benefit women employees who had preferred to discontinue their services with all terminal benefits, in addition to passing on employment opportunities to their dependants. The scheme's introduction had benefited unskilled female employees and paved the way for securing employment for their sons to begin forging a career within the coal industry. However, the very nature of coalmining activities restricted female roles, since they could not be used in underground mining activities. Given the inherent requirements of those activities, male dependants, if available, were preferred for employment. As an alternative to employment, provision existed for the payment of monthly financial compensation to female dependants in order to support the deceased's family.

As per the provision contained in the National Coal Wage Agreement VI and VII, with reference to clauses 9.3.0, 9.4.0 and 9.5.0, a revised scheme would be prepared, taking into account the verdicts handed down by India's Supreme Court. Such a scheme was still being designed and the existing provision concerning the employment of dependants remained in force. There was no gender discrimination since all eligible dependants were offered employment.

Necessary clauses had been incorporated into the Discipline and Appeal Rules of Coal India Ltd, applicable to executives, and also into the standing orders of Coal India Ltd, Western Coalfields Ltd and Bharat Coking Coal Ltd. Proposals to include such provisions in the standing orders of other subsidiary companies were being considered by the respective certifying authorities.

With respect to measures to promote gender equality in employment and occupation, the Government had enacted the Equal Remuneration Act (1976). The details of inspections conducted under that Act in central sphere establishments during 2004-05 and 2005-06 were forwarded to the secretariat. With regard to establishments under state government control, inspections were undertaken by the respective states. Inspectors endeavoured to raise awareness among workers about their legal rights and benefits.

Further schemes had been implemented for the economic empowerment of women. Swayamsidha had been initiated in 2001 with a view to achieving the complete empowerment of women at the social and economic levels by ensuring their direct access to and control over resources through a sustained process of mobilization and convergence of all ongoing programmes. The Support to Training and Employment Programme for Women was launched in 1986-87. It aimed to make a significant impact on women in traditional sectors by upgrading skills and providing employment on a project-by-project basis. The scheme provided for training to boost skills, including at the managerial, entrepreneurial and marketing levels. Another scheme, Swarna-Jayanti Gram Swarojgar Yojana, aimed to bring beneficiary families above the poverty line by providing them with income-generating assets through a blend of bank credits and government subsidies. Forty per cent of the benefits under the scheme were earmarked for women. Sampooran Grameen Rozgar Yojana was launched in 2001. It sought to provide additional employment in rural areas and thereby bring about food security and improve nutritional levels. It was stipulated that 30 per cent of employment opportunities should be reserved for women. Under the Urban Self-employment Programme, part of Swarn Jayanti Rozgar Yojana (an urban poverty alleviation scheme), those living below the poverty line in urban areas were assisted in establishing self/group-employment ventures.

The Government had recently enacted the National Rural Employment Guarantee Act (2005). It provided a legal guarantee of at least 100 days' employment on asset-creating public works programmes every year at the minimum wage for at least one able-bodied person in every household whose adult members volunteered to take on unskilled manual labour. If an eligible person was not provided with work as per the provision within 15 days of receipt of an application, the applicant would be paid unemployment allowance at the prescribed rate. Priority would be given to women, so that at least one third of the beneficiaries who had registered and requested work under the Act would be women. The scheme had succeeded in providing adequate employment for women in rural areas, since employment generation under the programme numbered 492,838 people during 2006-07, of whom 40 per cent were women.

The most prominent national microfinance apex organization providing microfinance services for women in India was the Rashtriya Mahila Kosh (National Credit Fund for Women). Its main objective was to facilitate credit or microcredit support to impoverished women in order to generate income and production and to develop skills and housing activities in order to make them economically independent. Microcredit was extended for such purposes as land acquisition, leasing and redemption, health and other consumption needs, skills improvement and crop credits. In districts with a high percentage of landless families, women were supported in creating off-farm livelihoods, such as trading, marketing and establishing links with other sectors.

Based on the national policy on skills development for girls and women, the Central Social Welfare Board had begun the Vocational Training Programme in 1975 in order to train women in marketable trades and to upgrade their skills, thus enabling and empowering them to gain access to remunerative employment opportunities, thereby boosting their self-confidence and self-esteem. The scheme had been instrumental in providing job opportunities to a significant number of needy women, thereby enhancing their socio-economic status. National Vocational Training Institutes for Women continued to offer skills training facilities to women, enabling them to find employment in industry as semi-skilled/skilled labourers or instructors in vocational institutes or to engage in income generation activities or self-employment. Four new such institutes were being established. The Vocational Rehabilitation of Women with Disabilities Scheme sought to work with various governmental and non-governmental organizations to coordinate promoting the rapid rehabilitation of women with disabilities by providing training and employment and self-employment assistance. Of the 17 Vocational Rehabilitation Centres for persons with disabilities in India under the auspices of the Ministry of Labour, one was reserved for women.

In recent years, the IT, health, pharmaceutical, textile, manufacturing and service sectors, among others, had shown significant growth potential and had generated further employment opportunities for women and impoverished citizens. India was therefore establishing a skills development mission to train and develop a cadre of skilled urban and rural young people.

Pursuant to the judgement in the Vishaka case on sexual harassment, the Government had taken numerous steps to ensure compliance with the law as laid down by the Supreme Court. Services rules had been amended to classify sexual harassment in the workplace as misconduct, providing for a departmental inquiry into such complaints and subsequent punishment if proven. The model standing order applicable to industry had been amended to include sexual harassment as misconduct. The Government would not approve or grant any licence to any new industry which did not provide for such a provision in its standing orders. The National Commission for Women and the Ministry of Human Resources had taken the necessary steps to ensure that all educational institutions and all organizations under state control, in addition to private institutions, carried out the necessary amendments to classify sexual harassment in the workplace as an offence. Pressure was being put on management to provide for establishing a committee for the redress of sexual harassment. The bill was uploaded to the Ministry's web site and comments were invited, all of which were being duly considered.

With regard to the Hind Mazdoor Sabha complaints mentioned in the observations of the Committee of Experts, information was being sought from the relevant sources and would be communicated in due course.

With regard to the fishing sector, fishing in India was traditionally the vocation of the population living in the coastal belt and along the banks of rivers and lakes. There was no discrimination based on social origin in the fishing sector since all religious groups in that area had chosen that vocation. Members of the scheduled castes fished in many areas without problems. Furthermore, fishing rights in man-made hydroelectric project reservoirs were granted to members of scheduled tribes in many states. A profile of the religious and other communities engaged in fishing activities in all coastal states/union territories was available in the Marine Fisheries Census 2005. In the industrial fisheries sector, there was no customs or conventions and members of all communities were accepted. No discrimination based on social origin was reported. Sea fishing was a hazardous occupation globally and women rarely worked in that field. However, a number of support activities in marine fisheries, such as net-making and repairs, fish processing, prawn peeling and fish vending were almost entirely conducted by women in India. The gender profile of the marine fisheries sector was available in the abovementioned census. With regard to inland fishing, the representation of women in actual fish capture was more pronounced. In most states, their role in hatchery operations, quality control, ornamental fish breeding and inland fish/shellfish farming was predominant. Therefore, as per information available from the relevant department, there had been no gender discrimination reported in the fisheries sector. Furthermore, there were special drives to promote female self-help groups and all-female cooperative societies in the areas of low cost fish processing, fish vending and shellfish farming, among others, in many states.

The Worker members thanked the Government representative for his contribution and stated that addressing discrimination in the labour market in India was essential and one of the most challenging tasks that could be faced in the age of globalization. No one doubted the historical conditions to be addressed, but we might be able to make a much bigger difference to the lives of many millions of people than we could foresee now, through effective legal, policy and practical steps. The issues raised by the Committee of Experts had a significant impact on the most impoverished and marginalized workers in India and demanded the serious consideration of the Conference Committee.

The Global Report Equality at work: Tackling the challenges that had been submitted to the Conference concluded that many countries, like India over the past decade, had implemented legislation and institutions to prohibit discrimination in employment. The Global Report identified fundamental weaknesses in the implementation of laws and policies. This also applied to India. The Government representative had described the laws, measures and schemes put in place with the objective of prohibiting discrimination. While the Worker members appreciated those efforts, it was the actual change in practice that they sought.

The Committee of Experts had noted in its observation two general forms of discrimination in the labour market: discrimination against Dalits and discrimination against women. India's Prime Minister had likened the discrimination of Dalits to apartheid in South Africa. Although caste-based discrimination was prohibited under the Constitution of India, the practice continued and was not being adequately addressed. Despite the legislation, an estimated 150 million people continued to face violence, discrimination and exclusion based on their social origin. Most of these people lived in rural areas. For those who succeeded in finding employment, it was often in the most exploitative conditions, and they faced violence that went unpunished.

The agricultural workers' union Andhra Pradesh Vyavasaya Vruthidarula Union (APVVU) in Andhra Pradesh, had reported hundreds of cases of violence to the police over the past years, including sexual violence against Dalit women. It was only as a result of their great persistence that some cases were brought to court. In the view of the Worker members, the Government had to encourage the competent authorities and courts to play a much more proactive role in identifying and prosecuting cases of violence against Dalits, including provision of training to ensure compliance. Widespread education and awareness-raising campaigns were needed to eradicate the social acceptance of discrimination based on social origin.

The Worker members urged the Government to undertake two key areas of action to comply effectively with the Convention: (i) to implement more effectively all relevant legislation; and (ii) to adopt other policies and social measures increasing employment and enhancing the employability of those vulnerable to discrimination, in both the public and private sectors. As the Global Report indicated, the Government needed to take measures to improve the access of discriminated groups such as the Dalits to employment via such programmes as vocational training and labour market measures. The Employment Guarantee Act, which provided for employment for 100 days to rural workers, was a useful instrument to secure employment for Dalits. The Worker members encouraged the Government to make efforts to ensure that Dalits reaped the benefits of this Act as well as of the new law on social security for the unorganized sector.

Violence and exploitation of Dalits in rural areas took place in a context of extreme unequal labour relations stemming from feudal-like power relations. In that context, the Worker members drew the attention of the Committee to the need to implement rural land reform. Equal access to land for Dalits, as a legal entitlement, would address discrimination in a very real and effective way.

The Committee of Experts gave a specific and extremely serious example of discrimination of Dalits, that of manual scavenging. The Indian Planning Commission had formulated a National Action Plan for the Total Eradication of Manual Scavenging by the end of 2007. The plan included the construction of wet latrines and the provision of alternative training and jobs to scavengers. Based on the intervention of the Government and the lack of statistics on the specific impact of the measures taken so far, it appeared, however, very unlikely that the deadline of the end of 2007 would be met.

The Worker members referred to a speech delivered by Ms Ruma Pal, retired Supreme Court Justice and member of the Committee of Experts, in Delhi on 10 May 2007, in which it was said that although the employment of manual scavengers was a punishable offence, the problem still existed. The latest report on violations of core labour standards in India by the International Trade Union Confederation estimated that 1.3 million Dalits were still working as manual scavengers at that time. A time-bound scheme for the elimination of the practice and rehabilitation of scavengers would be vital. The Worker members supported the recommendations of the Committee of Experts and requested that the Government provide information about those plans and statistical information on the specific results of their implementation.

With regard to discrimination against women in the labour market, the Worker members noted that, as in many other countries, participation of women in the labour market had increased. The example of the growing information and communication technology sector in India, where many women found employment, showed that working women could increase their participation in the labour market on an equal footing. The Worker members, however, also noted that most women found employment in the informal economy, in agriculture, as domestic workers, home-based workers, street vendors and increasingly in the special economic zones. The number of women employed in the formal economy had always been low and seemed to be ever decreasing. The sectors where women did find employment were those with no or very little protection. It was in those sectors where 12-hour working days, six or even more working days per week, payment below the minimum wage and no job security whatsoever, were prevalent. In the garment industry, women employees were housed in hostels near the factory, with the promise of a contribution to their dowry after five years' employment. As they received less than the minimum wage, that arrangement was no less than delayed payment of wages for five years.

Structural discrimination against women in the labour market was a reality. It could only be redressed by serious efforts by the Government to provide women with protection against exploitation. In addition, as the Worker members supported the emphasis of the Committee of Experts' recommendations to address discrimination against women, the Government needed to undertake further action to promote the National Policy on Women, women's access to vocational education and training, income-generation programmes, especially for Dalit and tribal women, and more effective implementation of sexual harassment legislation.

The Worker members urged the Government to review the as yet outstanding areas of legislative reform; to ensure the implementation of relevant legislation; and to complement that by specific social measures and programmes in order to comply with the Convention. The Worker members expected the Government to comply with all requests for information made by the Committee of Experts and were looking forward to the examination by the Committee of Experts of the Government's next report on the measures taken to ensure compliance.

The Employer members stressed that the issues examined did not refer so much to adapting legislation to comply with international labour standards, but to ensure conformity with the Convention's provisions in practice.

With regard to discrimination based on social origin, the Employer members noted the persistence of caste-based discrimination, which had been abolished by the 1950 Constitution and on which there was a substantial body of law. In 1999, the authorities promoted the establishment of a National Commission for Scheduled Castes and Scheduled Tribes, which issued recommendations relating to applying effectively rules, intensifying coordination of the public authorities responsible and undertaking broad awareness-raising campaigns. They also recognized the programmes for the eradication of this problem undertaken over the last years. Nevertheless, in spite of those measures, progress had been slow. Still many people who would otherwise have the capacity to undertake other jobs, are limited to doing those determined by their social status. The Employer members stressed the lack of information on the measures adopted to eradicate the problem, in spite of the requests by the Committee of Experts in 2005 and 2006. The information was only supplied recently to this Committee by the Government.

With regard to discrimination against the Dalits who undertake hazardous work, the Employer members noted that attribution of that work appeared to be the consequence of the continued existence of the caste system. They stressed the efforts and responsiveness of the central Government in that respect, particularly by launching a nationwide programme in force until 2007 to eradicate entirely the manual collection of waste, complemented by specific programmes creating alternatives to those systems, such as training, proposals for alternative employment and a public awareness-raising campaign. The information supplied continued to be limited, since it did not refer to specific measures to implement the plan, sanctions for non-compliance, specific measures to rehabilitate Dalits, or statistical data on progress achieved.

With regard to equality between men and women, the Employer members, referring to the observation made by the Committee of Experts relating to a public sector company that gave jobs exclusively to male heirs of deceased workers, noted that the good or bad practices of a particular company could not be extrapolated to the entire sector. Moreover, they recalled that distinctions based on sex could only be justified due to the inherent nature of the job in question, and felt that giving preference to the male heirs of deceased workers should not diminish the rights of other workers in relation to their merits or capacity.

The Employer members considered that the most effective measures for bringing about greater female participation in employment were those that had a progressive, gradual nature, free of impositions. They should take into account varied situations, in addition to cultural, social and economic obstacles, as well as those inherent to the employment in question. In 2001, the Government had put in place the National Policy on Women, which indicated a high degree of awareness in that field, although the Employer members invited the Government to indicate the measures taken as part of that policy, in addition to the progress achieved and obstacles encountered in its implementation. Lastly, the Employer members stressed the need for the Government to supply more detailed information concerning progress made, obstacles and difficulties encountered and, above all, the specific measures taken in order to bring about conformity with the requirements of the Convention concerning discrimination based on social origin.

The Worker member of India stated that divisions in society on the basis of religion, race, caste and sex had been exacerbated by British rule in India. Unfortunately, after 60 years of independence, there were continuing complaints concerning discrimination against Dalits, adivasis women, scheduled castes, etc., which were legacies of British rule. India was a developed country among developing countries, although Indians remained impoverished with some 92 per cent living outside social protection measures. Society was divided into two distinct classes, namely the exploiters and the exploited, the latter including Dalits, scheduled castes and women. This was a common phenomenon in South-East Asia, Africa and even developed countries where racial divisions existed. Given the significant problem of unemployment in India, it was almost impossible to promote equality of opportunity and treatment for Dalits by separating them from other disadvantaged groups. With regard to manual scavenging, members of upper castes were also taking up this work as a result of the unemployment problem. The Indian trade union movement was opposed to the voluntary retirement schemes used in the private and public sectors to downsize the workforce in order to boost competitiveness. Refusing to give jobs to female heirs was discriminatory. The Government should be urged to hold tripartite consultations on that matter.

The Employer member of India drew the attention of the Committee to the Committee of Experts' observation which referred to the allegations made by Hind Mazdoor Sabha that protection under articles 14 and 15 of the Constitution of India did not cover private sector employees. In his view, this was a mistake as the country's Constitution covered all citizens, even though it was only enforceable against the State. In addition, other national legislation covered the private sector and reflected the spirit of equality embodied in the Constitution. Furthermore, the complaints made were of an extremely general nature and fell outside the scope of the enquiry of the Committee, in the absence of a specific complaint. The allegations referred to discrimination against Dalits, adivasis and women in a small number of sectors - the construction and fishing industries and in agriculture - which included mostly the informal sector, which was presently gaining attention. Secondly, manual scavenging was purely a social issue. Every country had its own history of development, and with economic progress, such undesirable forms of employment would disappear. The caste system in India had indeed pervaded deeply in the past and had been linked to specific occupations. This had now vanished. However, he asked how long the Committee would continue to refer to those issues, which were of a wider socio-economic nature and not related to a violation of the Convention. The Government had provided valuable information on the measures taken to eradicate the caste system and the Committee of Experts should take care to review the matter. Lastly, the voluntary retirement schemes introduced by Coal India Ltd were optional. Male heirs were preferred because the jobs concerned underground work which was unsuitable for women.

The Worker member of Pakistan said that, as evidenced by the Government's statement, and as the Employer members themselves had stressed, the crux of the debate lay in the obvious incompatibility between federal and national legislation, which clearly prohibited discrimination while the practice was unfortunately a constant illustration of discrimination. India was undoubtedly a long-standing democracy. However, no society could develop positively if it could not succeed in eradicating discrimination, as regards specific groups of society (such as the Dalits) and women. It was therefore the Government's responsibility to undertake unstinting practical action and to inform the Committee of Experts in that regard.

The Worker member of Singapore indicated that her intervention would focus on equality of opportunity and treatment between women and men, and that she had taken note of the various schemes and laws mentioned by the Government representative aiming to improve the employment status of women. However, the main point in the Committee of Experts' observation was the lack of information on the progress made in achieving equality. Legislation in itself was not sufficient. It was important that the legislation was also implemented and enforced. The Government representative's statement did not address that point. India was in the midst of a period of tremendous economic growth and was one of the fastest growing economies in Asia. Since it had had a female Prime Minister, the workers strongly believed that India could do more to foster gender equality in employment and occupation. Experience in many countries had shown that failure to integrate women effectively into the economy and society was one of the factors that could affect growth. The speaker highlighted the specific problems of women in employment in both the private and public sectors and urged the Government to address the lack of opportunities for women in vocational training and to pay closer attention to the most vulnerable groups, such as Dalit women. Furthermore, the Government should enact legislation to protect women against sexual harassment as that undermined and weakened the position of women in the workplace. She concluded by highlighting the important role of women in development and joined the spokesperson of the Worker members in urging the Government to address quickly the concerns raised by the Committee of Experts regarding discrimination against women in employment and to provide the information requested in that regard.

The Government representative thanked the speakers for their remarks and the high quality of the debate. The recent remarks of the Prime Minster of India concerning discrimination against Dalits showed awareness at the highest level of the Government of India concerning the issue. India was a large country in which social behaviour was also governed by traditions. Adequate measures were being taken to uplift the downtrodden sectors of society. The Government would provide the Committee of Experts with statistical information, including information on the implementation of schemes to rehabilitate manual scavengers. The workforce participation of women had increased by 7 per cent in less than a decade. India was fully committed to the values of the ILO and its obligations under ratified Conventions.

The Worker members indicated that the discussion had demonstrated an obvious case of widespread discrimination in employment and occupation contrary to the Convention, and that addressing the issue provided an opportunity to make a decisive impact on the progress of social justice in India. Discrimination based on social origin remained widespread despite its prohibition under the Constitution. The Worker members appreciated the information provided by the Government but assessed the situation differently. Therefore, they asked the Government to provide detailed statistical information on the actual impact in practice of the plans and measures that had been implemented. With regard to manual scavenging, they suggested that the Government should provide a time-bound plan for its eradication, in addition to information on the impact of measures taken to eliminate discrimination against Dalits. Discrimination against women was also an essential issue. The information provided by the Government indicated that women still mainly found employment in the informal economy. The Worker members requested that the Government provide information on the impact of specific measures taken under the National Policy for the Empowerment of Women of 2001, as well as on supportive measures to eliminate discrimination against women. The Worker members further suggested that it would be worthwhile considering the existing job classification system under which women's work was classified as "light work", which often meant that women were not even paid the minimum wage. The Worker members expected the Government to provide appropriate information in due time so that it could be examined with the next report of the Committee of Experts.

The Employer members recalled that the Convention was a mainstay of progress and social development, constituting an essential premise for bringing about a just society with genuine social mobility. A social system that failed to give its members opportunities was contrary to the very development of entrepreneurial activity. Nevertheless, they recalled that, on some occasions, it was difficult to combat deeply-rooted practices and traditions and stressed the Government's readiness to supply further information, particularly concerning the obstacles and difficulties encountered in eradicating discrimination based on sex. They expressed their hope that the Government would renew its efforts and adopt new measures for the elimination of discrimination in employment and occupation.

The Committee took note of the statement made by the Government representative, as well as the discussion that took place thereafter. The Committee noted that the Committee of Experts had been commenting for a number of years on matters relating to caste-based discrimination and gender equality in employment and occupation.

The Committee noted the detailed information presented by the Government outlining laws, policies and schemes put in place to combat discriminatory practices suffered by men and women considered to belong to the lowest castes and to promote gender equality. It noted that the law prohibited the practice of untouchability and caste-based discrimination and that the Constitution provided for positive measures to promote employment opportunities of the scheduled castes.

While the Committee welcomed the measures taken, it considered that it was important to tackle the still widespread practices of exclusion and discrimination in employment and occupation on the basis of caste, which constituted discrimination based on social origin within the meaning of the Convention. It was particularly concerned that women often faced discriminatory treatment and violence due to both their sex and caste. Such practices were not only contrary to human rights and dignity but were also an obstacle to social progress and economic growth.

The Committee recognized that the eradication of caste-based discrimination was an enormous task that had to be accomplished over time. However, given that those practices were deeply entrenched in the society, the Committee urged the Government to take continuing, decisive and effective action to promote and ensure equal treatment and equal opportunities. The Committee particularly stressed the need to ensure strict enforcement of the relevant legislation and the full implementation of policies to promote equal opportunities of Dalits and women in respect of access to education, training and employment. In particular, the Committee requested the Government to intensify the awareness-raising campaigns on the unacceptability of those forms of discrimination. The Committee requested the Government to implement urgently a new time-bound programme to bring an end to the inhuman practice of manual scavenging which is carried out by Dalits.

Finally, the Committee emphasized the need to assess at regular intervals the impact of the action taken to eliminate discrimination against women and Dalits. In particular, the Committee requested the Government to supply information, including detailed statistical data, on the results of such action, as well as any obstacles encountered. The Committee requested the Government to provide to the Committee of Experts this year all the information requested, including on the implementation of the 2001 National Policy for the Empowerment of Women.

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The Committee notes the Government’s report, as well as the observations made by the Akhil Bhartiya Safai Mazdur Congress, a trade union, in their communication dated 28 August 2009 which was forwarded to the Government on 18 September 2009.

Articles 1, 2 and 3 of the Convention. Discrimination based on social origin. The Committee notes the information provided by the Government regarding the implementation of India’s quota system for employment by the central and state governments of persons considered to belong to “scheduled castes, scheduled tribes and other backward classes”. The Committee notes that as of 1 January 2006 persons considered to belong to the schedules castes, which amount to 16.23 per cent of the Indian population according to the Eleventh Five-Year Plan (2007–12) (“11th Plan”), were represented in central government services as follows: 13 per cent in group A; 14.5 per cent in group B; 16.4 per cent in group C; and 18.3 per cent in group D (excluding sweepers). In November 2008, a special recruitment campaign was launched to fill up the backlog of reserved vacancies. No new information is at the Committee’s disposal regarding the achievements of the reservation system in state government employment. The Committee further notes the detailed information provided on the various programmes and schemes aimed at the educational and economic empowerment of the scheduled castes, including education grants, coaching, loans and subsidies. In this context, the Committee also notes that the 11th Plan points to the need for new measures to address the persisting exclusion and discrimination of the scheduled castes, including with regard to employment. More specifically, the Plan states that there is a need to complement protective legislation with “promotive legislation which should cover the rights of scheduled castes with respect to education, vocational training, higher education and employment” (paragraph 6.48), and it also mentions the possibility of affirmative action in the private sector. Recalling that discrimination in employment and occupation against men and women on account of being considered to belong to a certain caste is unacceptable under the Convention and that continuing measures are required to end such discrimination, the Committee requests the Government to continue to provide comprehensive information on the implementation of the various existing schemes and programmes in this regard, including the reservation system for the public service at the central and state levels. The Committee also asks the Government to provide information on the design and implementation of any new measures, including those referred to in the 11th Plan. Finally, the Committee reiterates its request to the Government to provide information on the specific measures taken to launch and intensify awareness-raising campaigns on the prohibition and unacceptability of caste-based discrimination in employment and occupation, including information on the steps taken to seek the cooperation of workers’ and employers’ organizations in this regard.

With regard to the enforcement of protective legislation, the Committee notes the Government’s indication that the Protection of Civil Rights Act, 1955, which provides punishment for the practice of untouchability, is implemented by the respective state governments and union territory administrations. The Government provided statistical information on the cases handled by the police and the courts. According to this information, the total number of court cases regarding scheduled castes under the 1955 Act was 2,613, only 63 of which resulted in a conviction. Similarly, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, which aims at the prevention of offences against persons belonging to scheduled castes and tribes is implemented by the states and union territories. According to the Government’s report, there were 104,003 cases before the courts in 2007 under the 1989 Act, out of which 6,505 resulted in a conviction. The statistical information suggests that under both Acts large numbers of cases remained pending. The Committee notes the Government’s indications that the Parliamentary Committee on the Welfare of the Scheduled Castes and Scheduled Tribes recommended that the competent central ministries and the National Commission for Scheduled Castes and the National Commission for Schedules Tribes meet regularly to devise ways and means to curb offences of untouchability and atrocities and ensure effective administration of the two Acts. A dedicated committee was set up for this purpose which held three meetings in 2008–09. The Committee also notes that the 11th Plan called for enforcement of the two Acts in letter and spirit and suggests measures to educate judicial officers, public prosecutors and police officials, with a view to ensuring more and speedier convictions. The Government’s report states that some 430 million rupees have been provided to 25 states and union territories to strengthen the enforcement of the two Acts. The Committee requests the Government to continue to provide detailed information on the measures taken to ensure strict enforcement of the Protection of Civil Rights Act, 1955, and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, including the measures mentioned in the 11th Plan, and on the number and outcome of the cases handled by the competent authorities.

The Committee recalls its comments over many years regarding the practice of manual scavenging and the fact that Dalits, and very often Dalit women, are usually engaged in this practice due to their social origin in contravention of the Convention. The Committee notes that, according to the Government’s report, the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, so far had been adopted by 20 states and all union territories. Five states that have not adopted the Act report that they do not have dry latrines or that they are scavenger free; two have adopted their own legislation on the subject. With regard to the Act’s enforcement, the Government’s report states that the state of Uttar Pradesh had reported 27,114 cases of prosecutions. Enforcement information regarding other states has not been provided. The Committee is also aware that in an order of 8 May 2009 the Supreme Court of India (Safai Karamchari Andolan and others v. Union of India and others) noted that a detailed report submitted by the petitioner showed that scavenger work is widely prevalent in various districts of the state of Rajasthan. The Committee further notes that the Akhil Bhartiya Safai Mazdur Congress provided findings of field research in Solapur and Pandarpur, two cities in the state of Maharashrtra. This research found the continuing existence of manual scavenging, and that it was practiced by municipal employees belonging to particular castes. Similarly, the National Action Plan for the Total Eradication of Manual Scavenging by 2007, which was subsequently extended, refers to reports that in several states municipal employees still perform manual scavenging.

The Committee notes that the Government’s efforts continued to concentrate on the conversion of dry latrines under the centrally sponsored Integrated Low Cost Sanitation (ILCS) Scheme. Following implementation difficulties, the Scheme has been reviewed and new guidelines have been in effected since February 2008. The Government indicates that, within one year of the revision of the guidelines, the states of Andrah Pradesh, West Bengal, Nagaland and Assam had stated that they had no dry latrines in their states. According to the Government, only four states have reported the existence of such latrines (Bihar, Uttar Pradesh, Uttarakhand and Jammu and Kashmir). Under the revised ILCS Scheme it is envisaged that within a period of three years (2007–10) all remaining dry latrines will be converted. The 11th Plan referred to 342,000 remaining manual scavengers, while according to Government’s report a total of 138,464 manual scavengers were still to be liberated under the ILCS Scheme as of 31 March 2009. A Self-Employment Scheme for the Rehabilitation of Manual Scavengers has been formulated to rehabilitate the remaining scavengers in a time bound manner by March 2009 through training, and extension of loans and subsidies.

The Committee notes that the Government has continued to take measures towards the elimination of the practice of manual scavenging. However, the Committee expresses serious concern that, despite these efforts, thousands of Dalit men and women still find themselves trapped in this inhumane and degrading practice. The Committee is particularly concerned at the apparent weak enforcement of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act 1993, and that the practice even continues in employment under the Government’s authority contrary to Article 3(d) of the Convention. The Committee urges the Government to ensure the full enforcement of the 1993 Act and to take all measures necessary to ensure that the practice is eliminated effectively, including through low-cost sanitation programmes and promoting decent work opportunities for liberated scavengers. The Committee requests the Government to provide detailed information on measures taken regarding these issues and the results achieved, including statistical information. Please provide detailed information on: (i) the status of the pending litigation on the issue in the Supreme Court together with copies of any orders that may have been passed by the Court; and (ii) the enforcement of the 1993 Act at the central and state levels.

Equality of opportunity and treatment of women and men. The Government’s report provides a general overview of the various vocational training programmes available to women under the responsibility of the central Government, including statistical information on the number of training institutions. The National Council for Vocational Training has recommended that state governments reserve 25–30 per cent of seats in the general Industrial Training Institute for Women. The Government also highlights the Support to Training and Employment Programme (STEP). It further indicates that the Unorganized Sector Workers Social Security Act, 2008, will facilitate the formulation of policies and programmes for women who have so far been deprived from social security coverage. In addition, the Committee notes that overall women appear to have benefited from the National Rural Employment Guarantee Act, 2005 (NREGA), on an equal footing with men. The Committee requests the Government to continue to provide information on the vocational training opportunities provided for women, particularly for jobs and occupations other than those traditionally considered “suitable” for women. The Committee also asks for information supported by statistics as to what extent the NREGA has led to employment of women in rural areas of the different states and union territories. The Committee welcomes the Government’s indication that it is engaging in extensive consultations to finalize legislation on the protection of women against sexual harassment, and hopes that such legislation will be adopted in the near future.

While appreciating the measures reported by the Government with a view to promoting women’s equality, the Committee notes from the 11th Plan
(paragraphs 4.41–4.46) that the labour force participation of women remains very much lower than that of men. In urban areas unemployment is much higher for young women than for men in the corresponding age group in both the unorganized and the private sectors. According to the Plan’s analysis, women’s labour force participation remains low principally due to wage rates for women being lower than for men for comparable occupations; to women being denied access to certain occupations; and skill development being provided only in a limited number of occupations. The Committee requests the Government to continue to provide detailed information on the measures taken to promote and ensure equality of opportunity in employment and occupation, in rural and urban areas, as well as the private, public and unorganized sectors. In this regard, the Committee also requests the Government to provide statistical information on the participation of men and women in employment, according to sector and employment status, if possible.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the discussion that took place in the Conference Committee on the Application of Standards in June 2007, the resulting conclusions of the Conference Committee, as well as the Government’s report. The Committee notes that the Conference Committee urged the Government to take continuing, decisive and effective action to promote and ensure equal treatment and equal opportunities. It also stressed the need to ensure strict enforcement of the relevant legislation and full implementation of programmes to promote equal opportunities of Dalits and women in respect of access to education, training and employment. It requested the Government to intensify the awareness-raising campaigns on the unacceptability of those forms of discrimination. The Conference Committee also requested the Government to implement urgently a new “Time-bound Programme” to bring to an end to the inhuman practice of manual scavenging which is carried out by the Dalit. Finally, the Committee notes that the Conference Committee emphasized the need to assess at regular intervals the impact of the action taken to eliminate discrimination against women and Dalits and that it requested the Government to provide to the Committee of Experts information on the results achieved by such action, including detailed statistical data.

2. The Committee notes that the Government’s report contains no information concerning the matters raised by Hind Mazdoor Sabha in their communication dated 29 August 2006. The union stated that protection under article 14 (equality before the law) and article 15 (prohibition of discrimination on grounds of religion, race, caste, sex or place of birth) of the Constitution did not cover private employees. In addition, widespread discrimination against Dalits, Adivasis and women in the construction and fishing industries, as well as in agriculture, was alleged. The Committee notes that the Government indicated during the discussion in the Conference Committee that information was being sought from relevant sources concerning these matters. While noting the information provided concerning the fishing sector, the Committee requests the Government to provide information on all the matters raised by Hind Mazdor Sabha, including on the issue of whether private sector employees enjoy legal protection from discrimination in employment and occupation.

Discrimination based on social origin

3. The Committee notes that the information provided by the Government concerning the measures taken to promote and ensure equal treatment of and equal opportunities for the Dalit is of a very general nature and that it mainly refers to elements of national law and practice which the Committee noted previously. The Government refers to the reservations policy concerning recruitment and promotion in government services. It states that there are indications of occupational diversification taking place among scheduled castes in recent years, with members of scheduled castes shifting to urban areas for their livelihood. The Government also mentions the National Scheduled Castes Finance and Development Corporation and similar bodies at the state level which provide credit facilities to support income-generating activities, as well as the protection available under the Protection of Civil Rights Act, 1955, and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The National Commission for Scheduled Castes submitted its first two reports to the President of India. However, the reports are not yet publicly available. The Committee requests the Government to provide copies of the report of the National Commission for Scheduled Castes as soon as possible.

4. Noting that no information has been provided concerning the issue of awareness raising, the Committee once again stresses the importance of raising awareness of the prohibition and unacceptability of caste-based discrimination and the practice of untouchability, particularly in the context of employment and occupation. Awareness-raising campaigns should be targeted to a wide range of audiences, including public officials, workers’ and employers’ representatives, and also the public at large.

5. The Committee is concerned about the continuing lack of information which would demonstrate the actual progress made in respect of combating and eliminating caste-based discrimination in employment and occupation and in promoting equal opportunities. Given the seriousness of the matter, it is not sufficient for the Government to assert that progress is being made; it must also provide specific and detailed information on the measures taken and the results secured by its action. The Committee, therefore, urges the Government to provide specific and full information, including relevant statistical data, on the following:

(a)   the specific measures taken to launch and intensify awareness-raising campaigns on the prohibition and unacceptability of caste-based discrimination in employment and occupation, including information on the steps taken to seek the cooperation of workers’ and employers’ organizations in this regard;

(b)   the existing programmes to promote and ensure equal opportunities for the Dalits, the measures taken to ensure their full implementation and the results achieved by such programmes;

(c)   the extent to which men and women of scheduled caste have benefited from the National Rural Employment Guarantee Act, 2005; and

(d)   the measures taken to ensure strict enforcement of the relevant legislation, including the Protection of Civil Rights Act, 1955, and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

6. With regard to the practice of manual scavenging, which is carried out by Dalits, and very often by Dalit women, the Committee notes that a Central Monitoring Committee has been constituted which is chaired by the Ministry of Social Justice and Empowerment to monitor the progress of implementation of the National Action Plan for Total Eradication of Manual Scavengers by 2009. The Government indicates that the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, (the 1993 Act), has been adopted by all States except Jammu and Kashmir and those States which declared themselves as scavenging free. The introduction of the centrally sponsored integrated low-cost sanitation (ILCS) scheme had been modified to provide more liberal assistance for conversion of dry latrines and construction of new water-borne latrines. Credit and subsidies for self-employment projects for former manual scavengers continue to be available under the self-employment scheme for rehabilitation of manual scavengers (SRMS). In addition, the Government affirms that no manual scavenging was practised under the control of the Indian railway authorities. The Committee notes that the Government appears to be committed to ending the practice of manual scavenging and that a new target date for its elimination has been set, as requested by the Conference Committee. However, the Committee urges the Government to provide the following:

(a)   more specific and detailed information on the action taken to eradicate the practice of manual scavenging and the results achieved, as well as the difficulties encountered;

(b)   statistical information, disaggregated by sex, on the operation and results of the ILCS scheme and the SRMS, as well as information on where and to what extent manual scavenging is still practised;

(c)   information on whether any complaints have been filed before the competent authorities, including the courts, alleging violations of the provisions of the 1993 Act, and if so, the number and outcome of such complaints; and

(d)   a copy of the National Action Plan for Total Eradication of Manual Scavengers, as well as copies of any judicial or administrative decisions relating to the subject of manual scavenging.

Equality of opportunity and treatment of women and men

7. The Committee notes from the Government’s report that various schemes and programmes are aimed at the economic empowerment of women through increasing their access to training, financial resources, self-employment, as well as wage employment. The Committee notes with interest the National Rural Employment Guarantee Act, 2005, which provides for a legal guarantee for at least 100 days of employment on asset-creating public work programmes every year for at least one person in every household. The Committee notes in particular that the Act provides that “priority shall be given to women in such a way that at least one third of the beneficiaries shall be women who have registered and requested for work under this Act”. (Schedule II, paragraph 5). According to the Government, out of the 4,928,338 persons employed under the Act in 2006–07 some 40 per cent were women. The Committee requests the Government to continue to provide information on the extent to which women benefit from the National Rural Employment Act, including in particular women of scheduled castes and tribes, “other backward classes” and minorities. Noting that the Government has not replied to all the requests for information made by the Committee and the Conference Committee, the Committee urges the Government to provide full information on the following matters:

(a)   the results achieved by the various programmes and schemes providing women with access to vocational training, income-generating activities and self-employment, including statistical information on the number of women who have benefited from the various programmes and the type of training they were able to obtain;

(b)   the action taken to promote women’s equal access to employment in the organized and public sectors, as well as government services, including statistical information on women occupying management positions;

(c)   the steps taken to raise awareness of the principle of gender equality in employment and occupation; and

(d)   any other measures taken to promote the application of the Convention under the National Policy for the Empowerment of Women, including relevant activities of the National Commission for Women.

8. With regard to the issue of sexual harassment, the Committee notes that in addition to including sexual harassment provisions in the civil service rules, the model standing order applicable to industry has been amended to include sexual harassment as misconduct. The Committee also notes that the Government is not granting licences to any new industry that does not have such a provision in its standing orders. The National Commission for Women and the Ministry of Human Resource Development have taken steps to ensure the necessary amendments of internal rules of workplaces. However, no information has been provided with regard to the progress made in drawing up sexual harassment legislation. Recalling that the Government previously referred to draft legislation on sexual harassment in accordance with the directive laid down by the Supreme Court in Vishaka v Rajasthan, the Committee requests the Government to provide information on the status of the draft legislation and the progress made towards its adoption.

9. Finally, the Committee recalls its previous comments concerning the National Coal Wages Agreement (NCWA) in relation to which it considered that giving preferential treatment to sons of early retirees, as well as to male dependants of workers who died in service is discriminatory. The Committee notes the Government’s indication that the relevant clauses of the NCWA pertaining to the provision of employment to dependants of workers on account of disablement or death would continue to be operative until a revised scheme is prepared keeping in view the various rulings of the Supreme Court on the matter. The Committee requests the Government to provide information on the various rulings of the Supreme Court on this matter and to provide the revised NCWA as soon as possible.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the communication dated 29 August 2006 received from Hind Mazdoor Sabha, a workers’ organization, which was forwarded to the Government on 28 September 2006. The communication states that protection under article 14 (equality before the law) and article 15 (prohibition of discrimination on grounds of religion, race, caste, sex or place of birth) of the Constitution did not cover private sector employees. Widespread discrimination against Dalits, adivasis and women in the construction and fishing industries, as well as in agriculture, is alleged. The Committee requests the Government to provide information in reply to these matters raised by Hind Mazdoor Sabha in its next report.

Discrimination based on social origin

2. The Committee recalls that caste-related discrimination in employment and occupation is a form of discrimination based on social origin that is contrary to the Convention. In its previous observation, the Committee stressed that the practice of untouchability, which continues despite its prohibition under the Constitution, needs to be addressed effectively if discrimination in employment and occupation against Dalits based on their social origin is to be eliminated. In this context, the Committee noted recommendations made by the then National Commission for Scheduled Castes and Tribes, including concerning 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.

3. Given the seriousness and magnitude of the problem, the Committee regrets that the Government’s report does not provide any information in reply to the Committee’s specific requests. The Committee therefore urges the Government to take action with a view to eliminating discrimination in employment and occupation against members of the Dalit population and promoting equality of opportunity and treatment for them, including through strengthening legal protection and socio-economic empowerment, and to inform the Committee on the measures taken in this regard. The Committee also reiterates its request to the Government to provide information on the steps taken to raise awareness among workers and employers of the issues involved, particularly the need the reject and combat the practice of untouchability and caste-based discrimination at work. The Committee requests the Government once again to indicate the steps taken to seek the cooperation of workers’ and employers’ organizations in this regard. In addition, the Committee requests the Government to provide a copy of the most recent report of the National Commission for Scheduled Castes.

4. Manual scavenging. With regard to the practice of manual scavenging and the fact that Dalits are usually engaged in this practice due to their social origin in contravention of the Convention, the Committee noted in its previous observation that the Tenth Five-Year Plan (2002-07) refers to a nation-wide programme for the total eradication of manual scavenging by 2007, including state-specific plans of action concerning the construction of wet latrines and provision of alternative training and jobs to scavengers. In its report, the Government confirms that a National Action Plan for the Eradication of Manual Scavenging is being implemented and states that it is “trying its level best to advise and recommend steps which may lead to the total eradication of manual scavenging by 2007”. It is also “trying to ensure that State Government, railways and local authorities apply and enforce the prohibition of manual scavenging” as contained in the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993. The Government also recommended the launching of a national awareness-raising campaign through the media. Statistical data on the prevalence of manual scavenging is under preparation.

5. While the Committee notes the Government’s statement that it agreed with the Committee’s recommendations regarding manual scavenging, it notes that the report falls short of satisfying the Committee’s requests for information made in the previous observation. The Committee requested information on the specific measures taken concerning a number of issues. The Committee is thus not in a position to assess the progress made in ensuring that the practice of manual scavenging, which goes hand in hand with serious and systematic discrimination based on social origin contrary to the Convention, is being eradicated as soon as possible. The Committee, therefore, urges the Government to provide detailed information regarding the specific action taken by the central Government and at the level of 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 statistical data. In this context, the Committee strongly urges the Government to take decisive action:

(a)   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 indicate the number of prosecutions initiated and the number and nature of penalties imposed);

(b)   to evaluate the effectiveness of the existing schemes for the construction of flush latrines and the rehabilitation of manual scavengers;

(c)   to launch 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 hopes that the Government’s next report will contain information on the specific action taken on these matters. In addition, the Committee requests the Government to provide a copy of the National Plan of Action on the Eradication of Manual Scavenging and information on its implementation and the results achieved thereby.

Equality of opportunity and treatment of men and women

6. Trade union comments. The Committee recalls the communication received from the Centre of Indian Trade Unions (CITU) dated 24 August 2005 alleging that a public sector undertaking was implementing a special voluntary retirement scheme for women with a view to reducing the workforce. Further, CITU stated that the same undertaking gave jobs to male heirs of deceased employees, but refused to give jobs to female heirs.

7. The Government states that in the undertaking concerned, Coal India, a voluntary retirement scheme had been introduced in 2002 and was operative until 31 December 2003. The Government emphasizes the voluntary nature of the scheme and that it offered an opportunity to unskilled female workers to receive full termination benefits. The management had also offered employment to eligible sons of female retirees. With regard to the allegation that the undertaking refused to hire female heirs of deceased employees, the Government suggests that the fact that the company in question employed about 30,000 women did not support such a conclusion. However, the Government also states that women cannot be deployed in underground mines and that “therefore, in general, male dependants, if available, are preferred for employment”.

8. The Committee further notes the Government’s indication that most of the women employed by Coal India are appointed under the National Coal Wages Agreement (NCWA). The Committee notes that clauses 9.3.0 to 9.3.4 of the NCWA deal with providing employment to one dependant of a worker who died while in service. A dependant for this purpose is defined as “the wife/husband as the case may be, unmarried daughter, son and legally adopted son. If no direct dependent is available for employment, brother, widowed daughter/widowed daughter-in-law or son-in-law residing with the deceased and almost wholly dependent on the earnings of the deceased may be considered to be the dependant of the deceased” (clause 9.3.3). In order to be considered for employment, dependants “should be physically fit and suitable for employment and aged not more the 35 years” (clause 9.3.4). Special provisions exist for employment and monetary compensation for female dependants (clause 9.5.0), including provision for placing male dependants over 12 years of age on a roster for future employment in case employment is not offered to the female spouse of a deceased worker. The Committee understands that these clauses of the NCWA await revision in view of several decisions of the Supreme Court.

9. The Committee recalls that the Convention aims at the elimination of discrimination in respect of access to employment, terms and conditions of work, which includes welfare facilities and benefits provided in connection with employment, as well as with respect to security of tenure. Differential treatment based on sex is only permitted in respect of a particular job, based on the inherent requirements thereof. While noting that the scheme in question is no longer in effect, the Committee observes that voluntary occupational retirement schemes aiming at the retirement of women only would not be compatible with the principle of equality of opportunity and treatment of men and women, as provided in the Convention. The Committee also considers that giving preferential treatment to sons of early retirees, as well as to male dependants of workers who died while in service is discriminatory.

10. The Committee requests the Government to the take the steps necessary to ensure that voluntary occupational retirement schemes are designed and implemented without discrimination based on sex. With regard to the provision of employment to dependants, the Committee requests the Government to provide information on the steps taken to ensure that male and female dependants benefit from such a measure on an equal footing. It also requests the Government to provide information on the revision of the clauses of the NCWA pertaining to the provision of employment to dependants and the measures taken to ensure that these clauses are in accordance with the principle of equality of opportunity and treatment of men and women.

11. Measures to promote gender equality in employment and occupation. In its previous comments, the Committee noted from the 2001 census data that women’s participation in the organized sector, the public sector and government employment still remained very low, as compared to men. In its report, the Government states that a plan of action to operationalize the 2001 National Policy for the Empowerment of Women has been finalized and submitted for Cabinet approval. The Committee requests the Government to continue to provide information on the progress made in implementing the National Policy on Women as it relates to the promotion of gender equality in employment and occupation, including information on the impact of any measures taken. It requests the Government once again to provide information on the specific action taken or envisaged to promote women’s equal access to employment in the organized and public sectors, as well as government service. Further, the Committee requests 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 Government is asked to keep the Committee informed of the progress made in adopting the legislation prohibiting sexual harassment.

[The Government is asked to supply full particulars to the Conference at its 96th Session and to report in detail in 2007.]

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

1. Article 1 of the Convention. Discrimination on the basis of social origin. The Committee thanks the Government for providing copies of the reports of the National Commission for Safai Karamcharis and the National Commission for Scheduled Castes and Tribes. The Committee asks the Government to continue to provide the latest available reports of these Commissions, as well as updated information, including statistical information, on the results achieved by the various schemes and programmes aiming at the promotion of equal access of the Dalit to employment and occupation, including self-employment.

2. Sexual harassment. The Committee notes from the Government’s report that the preparation of legislation concerning sexual harassment at the workplace was still ongoing. The Sexual Harassment of Women at their Workplace Bill was still being discussed among concerned stakeholders in order to reach consensus on a number of issues, including regarding the definition of sexual harassment. The Committee requests the Government to keep it informed about further progress made in the preparation and adoption of sexual harassment legislation, as well as regarding any other measures to combat sexual harassment in the work context, including any cooperation with workers’ and employers’ organizations in this regard.

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.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Further to its observation, the Committee requests the Government to provide information on the following points.

1. Articles 1 and 2 of the Convention. Discrimination based on social origin.  The Committee requests the Government to provide copies of the annual reports of the National Commission forSafai Karamcharis for the last five years. Please also provide copies of the annual reports of the National Commission for Scheduled Castes and Tribes for the last five years.

2. Sexual harassment. The Committee notes the Government’s statement that the Supreme Court’s ruling relating to the prevention of sexual harassment of women at the workplace has the force of law under article 141 of the Constitution of India and that concerted efforts have been made by the Government to give effect to the guidelines and norms set out in the ruling. With regard to the Government’s statement that Rule 3-C of the Central Civil Service (Conduct) Rules, 1964, as amended, contains adequate provision in regard to sexual harassment against women at work, the Committee would like to reiterate that the rules do not provide for any penalties to be imposed upon the offender; they do not follow the Supreme Court’s recommendations regarding the creation of an appropriate complaint mechanism; and they do not contain provisions protecting women initiating a complaint against possible retaliation. The Committee notes that a draft Sexual Harassment of Women at their Workplace (Prevention) Bill was prepared by the National Commission for Women in 2000 and revised in 2003. Noting the importance of legislation in this area, the Committee requests the Government to provide information on the progress made in the adoption of the Bill. It also asks the Government to provide information on the practical application of the guidelines.

3. Equality of opportunity and treatment of men and women. The Committee has noted the information provided in the last report on the participation of women in the Panchayati Raj Institutions (PRIs) and the training programmes for elected representatives of PRIs, including women. It reiterates its request to be kept informed of the progress made in the adoption of the 81st Constitution Amendment Bill, which provides for the reservation of one-third of the seats in Parliament and State legislatures for women.

4. The Committee takes note of the information provided on the participation of women in various vocational training schemes. It hopes that the next report will continue to contain such information and that it will include data on the participation of women from the scheduled castes and tribes.

5. Please provide copies of the annual reports of the National Commission for Women for the last five years.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Discrimination on the basis of social origin

1. In its 2002 observation, the Committee had referred to a communication from the ICFTU dated 2 September 2002 and to the Government’s reply, which had been received during the Committee’s session, on 3 December 2002. The Committee notes that an additional reply was received on 19 December 2002.

2. The communication of the ICFTU referred to the practice of manual scavenging, i.e. the removal of human and animal excreta from public and private latrines and open sewers. Manual scavenging is performed almost exclusively by Dalits (also known as untouchables) and according to government statistics, an estimated 1 million Dalits in India are manual scavengers. Women clean public latrines daily, removing the excrement with brooms and small tin plates and piling it into baskets which are carried on the head to faraway locations. Manual scavengers may also be engaged in underground sewage work, or in cleaning faeces from the railway systems, or in the disposal of dead animals. They work for state municipalities or for private employers. They are exposed to the most virulent forms of viral and bacterial infections, including tuberculosis. They may be paid as little as 12 rupees (US$ 0.30) a day, for unlimited hours. Sometimes, they do not receive their pay.

3. According to the ICFTU, the allocation of labour on the basis of caste is a fundamental part of the caste system. Within the caste system, Dalits, who are considered "polluted" from birth, are assigned, through threats and coercion, tasks and occupations which are deemed ritually polluting by other caste communities, such as scavenging. Refusal to perform such tasks can lead to physical abuse, social boycott and exclusion from any other form of employment. This practice is described as clearly discrimination on the basis of social origin, as defined in Article 1 of the Convention.

4. The ICFTU alleges that, although legislation was enacted in 1993 to prohibit the employment of manual scavengers and the construction of dry latrines and funds exist for the construction of flush latrines and the rehabilitation of scavengers under a government national scheme, the employment of Dalits as manual scavengers continues throughout India. There is a lack of political will at the local level to implement the relevant legislation. Dalits continue to be employed in manual scavenging by the State, through local governments, state municipalities and railways authorities. State governments often deny the existence of manual scavenging and dry latrines within their jurisdiction or claim that a lack of water supply prevents them from constructing flush latrines. There also appears to be a reluctance to prosecute those who employ scavengers or construct dry latrines. There is a National Commission for Safai Karamcharis(the official name for manual scavengers), which only has advisory powers and no authority to summon or monitor cases.

5. The ICFTU submits that the Government of India has failed to fulfil its obligation under Article 2 of the Convention to pursue a policy to eliminate discrimination in employment, and its obligation under Article 3(d) to implement this policy in respect of employment under the direct control of a national authority. It calls on the Government to pursue actively the full implementation of the 1993 Act and to provide details regarding prosecutions and punishments for failure to implement the Act.

6. In its reply dated 2 December 2002, the Government states that the eradication of manual scavenging is a matter of priority concern for the Government of India. It recognizes that manual scavenging still exists in certain pockets, due mainly to unchanged societal structures and mores. In order to resolve the problem of dry latrines, the Government has enacted a central legislation - the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, which came into force in 1997 - and it has made every effort to implement the Act in full earnest.

7. The Government refers to two programmes aiming at converting the existing dry latrines into low-cost flush latrines and providing alternative employment to the liberated scavengers - a centrally sponsored Scheme of Urban Low Cost Sanitation for Liberation of the Scavengers, initiated in 1980-81, and a National Scheme of Liberation of the Scavengers and their Dependants, launched in March 1992. Under these schemes, 37,430 scavengers and 401,257, respectively, have been liberated and 154,767 have been trained under the National Scheme to take up alternative occupations. Furthermore, the Government provides financing to the National Safai Karamchari Finance and Development Corporation, which since its inception in January 1997, has helped 43,764 beneficiaries.

8. The Government considers that the National Commission for Safai Karamcharis has sufficient powers to monitor and advise the Government effectively, and denies that female workers mainly perform manual scavenging in India, as they have been officially estimated as representing only 35 per cent of the total scavengers.

9. In the Government’s additional reply, the National Commission for Safai Karamcharis agrees that manual scavenging is still prevalent in many parts of the country. It states that central as well as state governments are aware of the issue and are endeavouring to eradicate this inhuman practice and refers to a number of other schemes implemented by various ministries in central Government.

10. The Committee notes that in the practice of manual scavenging, persons belonging to a certain social group called the Dalits, are usually engaged on account of their social origin. This constitutes discrimination, as defined in Article 1, paragraph 1(a), of the Convention.

11. The Committee takes note of the Government’s statement that the eradication of manual scavenging in the country is a matter of priority concern for the Government. It notes that the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, punishes the employment of persons for manually carrying human excreta and the construction or maintenance of dry latrines with imprisonment and/or a fine, and that a number of schemes have existed for a number of years for the construction of flush latrines and the liberation and rehabilitation of manual scavengers.

12. The Committee notes with concern that despite those measures, manual scavenging continues to be used in large parts of the country and large numbers of men and women have still to perform degrading tasks by reason of social origin and economic circumstances in inhuman conditions, in contravention of the Convention. The Committee expresses the hope that the Government will step up its efforts to ensure the prompt elimination of this practice and the access of the persons involved to other, more decent, jobs. In particular, the Committee requests 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 mentalities and social habits which are necessary to bring about the elimination of manual scavenging.

The Government is requested to provide information on the concrete measures taken with regard to these matters.

13. The Committee notes that the practice of manual scavenging is an aspect of the continuing discrimination suffered by the Dalits in Indian society. The Committee is concerned that although "untouchability" was abolished by the Constitution of India in 1950, and a number of programmes have been put in place over the years to promote the economic and social advancement of Dalits (or members of the scheduled castes as they are referred to in the relevant legislation), the pace of progress has been very slow and millions of men, women and children belonging to this social group continue to be relegated to the most menial tasks, without the possibility of moving to other types of jobs or employment. The Committee is aware of the magnitude of the problem and of the constraints faced by the Government in trying to eradicate century-old conceptions and practices. It nevertheless hopes that the Government will 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, and that the next report will contain information on the measures taken, including educational programmes, towards this end.

14. In its previous direct requests, the Committee has sought to ascertain the practical impact of the laws and programmes which have been implemented over the years to reserve a certain proportion of posts in the central and state civil services, and to promote income-generating activities for members of the scheduled castes. The Committee will continue to monitor these laws and programmes and requests the Government to continue to provide information on the results achieved.

Discrimination based on sex

15. In its 2002 observation, the Committee had referred to comments made by the ICFTU pointing to the continuing discrimination against women in employment and occupation, as evidenced by the fact that women constitute only a small minority of the formal workforce, and the wide gap between male and female education. The Committee had acknowledged that, according to the provisional results of the 2001 census, some progress had been made in promoting female literacy since 1991. It expressed the hope that further measures would be taken to consolidate the positive trend and results achieved so far and to address the remaining educational gap between men and women, and requested the Government to provide statistical data on the enrolment of boys and girls, based on the final results of the 2001 census. The Committee had also requested the Government to provide information on the status of the National Policy for the Empowerment of Women, 2001, the agency or agencies responsible for monitoring the projects and programmes aiming at the economic empowerment of women in the informal economy and of self-employed women, and statistics on the labour force participation of women.

16. The Committee notes that the Government’s last report does not provide any new information and merely states that the information requested, including statistics from the 2001 Census, will be supplied as and when it becomes available.

17. The Committee can only hope that the Government will take the necessary measures to provide the information requested in its next report to enable the Committee to ascertain the progress made towards the reduction of the wide inequalities which continue to exist between men and women in regard to access to education and training and employment and occupation.

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

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Further to its observation, the Committee requests the Government to provide information in respect of the following points.

1. Discrimination on the basis of social origin. With regard to its previous comments regarding the representation of the scheduled castes and tribes in the central and state civil services, the Committee notes from the Government’s report that, as of 1 January 2000, members of the scheduled castes and tribes occupied 17.69 per cent and 6.19 per cent, respectively, of posts at all levels of the central administration (including safai karamchari). The Committee notes that since 1995 the participation rate of scheduled caste in the central civil service decreased around 1 per cent and increased slightly for the scheduled tribe. While the Committee had noted with interest the various special measures taken to promote equal access of scheduled castes and tribes to the central civil service (e.g. establishment of coaching and guidance centres, training, confidence-building programmes, and preparation for selection examination for Group C posts), it notes that the employment of persons from scheduled castes and tribes Group A and Group B posts remains very low, in fact even significantly lower that the number of posts reserved for them. The Committee requests the Government to continue to provide information on measures taken to promote greater access of the scheduled castes and tribes, in particular dalits and safai karamchari, to posts at all levels of the central and state civil service, as well as to provide statistical information on the participation of these groups in the civil service at central and state levels.

2. As regards its previous request concerning the activities of the National Scheduled Castes and Schedules Tribes Finance and Development Corporation (NSFDC), the Committee notes from the Government’s report that the NSFDC provides loans to the scheduled caste and scheduled tribe population living below double the poverty line for income-generating activities, such as land purchase and development, irrigation, sericulture poultry, small machine shops, footwear making or handicrafts. NSFDC also provides grants for imparting skills and entrepreneurial-oriented training for unemployed scheduled castes and schedules tribe youth. While noting that during the period from 1997 to 2000, the NSFDC has contributed to some 900 schemes and programmes from which around 38,000 persons have benefited, the Committee notes that the number of beneficiaries has considerably decreased during 1999-2000. The Government is requested to continue to provide detailed information on the measures taken or envisaged to promote income-generating activities for scheduled castes and scheduled tribes, including through grants by the NSFDC and the scheduled caste development corporations at the state level. Recalling its comments concerning the National Commission on Scheduled Castes and Tribes, the Committee asks the Government to provide detailed information on the Commission’s activities related to the promotion of equality of opportunity and treatment in employment and occupation of the scheduled caste and scheduled tribe population. Please provide the recent annual reports of the Commission, as well as information on the consultations held with the Government, including results achieved and their impact on the application of the Convention. In addition, the Committee would be grateful to receive information on the empowerment of persons from disadvantaged groups, in particular dalits and safai karamchari, through their participation in panchayati raj institutions (PRIs).

3. The Committee recalls that according to the 1991 census the literacy rate for women from scheduled castes and tribes has been significantly lower than the overall rate for women in general. It notes from the Government’s report that in 1993-94 the Ministry of Tribal Affairs has introduced a special scheme for the development of women’s literacy in 134 districts having below 10 per cent (as per 1991 census) literacy among scheduled tribes. Under the scheme, 128 educational complexes for girls of scheduled castes and tribes have been established since 1995-96. The Government is asked to provide updated statistical information (as per census 2001) of the participation of girls and boys from scheduled castes and tribes in primary and secondary education (enrolment rates, drop-out rates, illiteracy rates).

4. Discrimination on the basis of sex. With regard to its previous comment concerning the fact that Rule 3C of the Central Civil Service (Conduct) Rules, 1964 (as amended) does not incorporate a number of the guidelines against sexual harassment established by the 1997 Indian Supreme Court’s decision in Vishaka & others v. State of Rajasthan & others, the Committee notes from the Government’s report that the National Commission for Women (NCW) has prepared a "Code of Conduct for Work Place" in accordance with the guidelines laid down in the Vishaka case. The Committee also notes that the NCW is holding regular meetings with representatives with public sector undertakings, banks and other offices to review the extent of the implementation of the Supreme Court’s decision. Noting that the NCW has been preparing a draft "Sexual Harassment of Women at their Workplace (Prevention) Bill, 2000, and noting the Government’s statement that it intends to enact legislation for the prevention of sexual harassment, the Committee asks the Government to keep it informed on the progress made in this respect and refers to its general observation of 2002 on Convention No. 111.

5. Recalling its previous comments concerning the impact of the 73rd constitutional amendment on women’s participation in panchayati raj institutions (PRIs), the Committee notes from the Government’s reports that out of 3.4 million elected representatives at all levels at present there are 681,258 women elected to the gram panchayats, 37,109 women to panchayats at intermediate level, and 3,151 women to panchayats at district level. According to the Government, states and union/territories are organizing training programmes for elected representatives and functionaries and the Ministry of Rural Development as well as UNICEF had also provided financial assistance for capacity-building programmes for panchayat representatives. The Committee requests the Government to continue to provide information on the participation of women in PRIs, including statistical data on their representation at the various levels, their participation in training programmes for elected representatives, as well as the impact of such training on their roles as leaders and decision-makers. Please also provide such information in respect to tribal and scheduled caste women and, as soon as available, in respect to those states and territories where implementing legislation has not yet been adopted and/or PRIs’ elections have not yet been held.

6. Noting the activities of the National Commission for Women regarding the 81st Constitution Amendment Bill, which provides for the reservation of one-third of the seats in Parliament and state legislatures for women, the Government is requested to continue to provide information on the progress made in respect to this legislative initiative. Please also continue to provide copies of the annual report of the National Commission for Women.

7. As regards women’s technical and vocational education, the Committee notes with interest that the Vocational Training Project assisted by the World Bank has, inter alia, led to the establishment of 100 new Women’s Industrial Training Institutes (WITIs) and that some 24,300 women have completed their training during the project. The Committee also notes the creation of a Directorate of Women’s Occupations within the Ministry of Labour’s Directorate General for Education and Training. It notes that in September 1996 the Director-General of Employment and Training has issued an order requesting states that 25 per cent of the seats in their industrial training institutes (ITIs) may be reserved for women. While several states have implemented the order, the central administration was awaiting feedback from others. With respect to women’s participation in the apprenticeship training schemes, the Committee notes that the number of women taking part in apprenticeship training increased from 4,636 in 1999 to 4,842 in 2001 (5 per cent) and that in order to increase the engagement of female apprentices, the recommendation of the Special Committee of the Central Apprenticeship Council regarding provision of incentives in form of cash, certificate of merit, and reimbursement of 50 per cent of the stipend paid by the employer to the apprentices by the appropriate state Government, is being consulted with state Governments. The Committee asks the Government to continue to provide information on the implementation of these and other measures to promote women’s technical education and training, including statistical information concerning their participation in the various schemes under the responsibilities of the central administration and the states (including in training concerning trades where women are under-represented), as well as on the activities of the Directorate of Women’s Occupation. The Committee reiterates its request to the Government to provide information on measures taken or envisaged in order to recruit women candidates from the scheduled castes and tribes as apprentices.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee notes the report of the Government and the communication received from the International Confederation of Free Trade Unions (ICFTU) concerning equality of opportunity and treatment of women, which was transmitted to the Government on 29 July 2002 for any comments it may wish to make. The Committee takes up this communication and the related information in the report of the Government in its comments below. The Committee also notes the second communication received from the ICFTU dated 2 September 2002 concerning discrimination on grounds of social origin and the Government’s reply which was received on 3 December 2002. The Committee will address the matters raised in that communication and the Government’s reply at its next session.

2. Referring to the wide gap between male and female education, the ICFTU submits that there is continuing discrimination against girls in respect of access to education. ICFTU further states that the fact that women constitute only a small minority in the formal workforce is an indication of the existing level of discrimination in the labour market and the lack of opportunities of women to enter formal work. The Committee recalls its previous comments concerning the need to ensure equal participation of women in education and training in order to ensure their equality of opportunity and treatment in employment in occupation. It notes from the provisional results of the 2001 census (Provisional Population Totals, Series 1, Paper 1 of 2001, Web edition) that between 1991 and 2001 male literacy increased from 64.1 per cent to 75.8 per cent, while female literacy increased from 39.3 per cent to 54.2 per cent. The overall male-female gap in literacy rate has thus narrowed from 24.8 per cent to 21.7 per cent (percentages in respect to population seven years and above). In all but one state or union territory female literacy rates have increased faster than that of males, and in six states or union territories the absolute number of female illiterates increased, while those of male illiterates decreased. The Committee acknowledges that according to the provisional results of the 2001 census some progress has been made in promoting female literacy since 1991. It hopes that further measures will be taken to consolidate the positive trend and the results achieved so far, as well as to address the remaining literacy and educational gap between men and women. The Committee requests the Government to provide statistical data on the participation of boys and girls in primary and secondary education (enrolment rates, drop-out rates, illiteracy rates) as well as a copy of the final results of the 2001 census concerning literacy. Recalling once again that employment and work opportunities are invariably linked to education and literacy, the Committee requests the Government to provide detailed information on the measures taken to ensure the equal access of girls to primary and secondary education, particularly in areas where the educational level of women remains very low.

3. Concerning the application of the Convention in respect to self-employed women and women in the informal economy, the Committee notes that measures to achieve de facto equality of women through their economic and social empowerment have been brought together under a National Policy for the Empowerment of Women (2001), which is the result of broad-based consultations under the leadership of the Department of Women and Child Development. The Committee notes that among the policy’s objectives are the equal access of women to quality education career and vocational guidance, employment, equal remuneration, strengthening legal systems aimed at eliminating discrimination, mainstreaming a gender perspective in the development process, the extension of training programmes for women in the field of agriculture and microcredit facilities, and the recognition of women’s contribution to social-economic development as producers and workers in the formal and informal economy. The Committee requests the Government to provide information on the status of the National Policy and on measures taken to implement it and any results achieved. The Committee reiterates its request to the Government to indicate what agency or agencies are responsible that the rights and principles of the Convention are applied in programmes and projects aiming at the economic and social empowerment of women in the informal economy and of self-employed women. The Government is also requested to provide the detailed results of the 2001 census concerning workers and non-workers, disaggregated by sex, rural or urban, and other available categories.

In addition, a request regarding other points is being addressed directly to the Government.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee notes the Government’s report and attached documentation, including the new rules of conduct on sexual harassment adopted by the central Government and the annual reports and studies produced by the National Commission for Women.

2.  With regard to its previous comments regarding the measures being implemented to increase the representation of the scheduled castes and scheduled tribes in central/state civil service posts, the Committee notes from the Government’s report that, as of 1 January 1995, members of the scheduled castes (including safai karamchari) and scheduled tribes occupied 18.71 per cent and 5.83 per cent of posts, respectively, at all levels of the central Government. The statistics provided reflect that the proportion of members of the scheduled castes and scheduled tribes was significantly lower at the higher levels (Groups A and B) of the central civil service. The Committee notes the special measures taken to promote employment opportunities for the members of the scheduled castes and scheduled tribes. It takes particular note of the establishment of 22 coaching and guidance centres throughout India, which provide jobseekers from these target groups with a range of services, including information on job opportunities, vocational guidance and counselling, training in typing and shorthand, and confidence-building programmes. The Committee also notes with interest that the Department of Employment and Training is operating a special coaching scheme to prepare candidates from the scheduled castes and scheduled tribes for the selection examinations for Group C posts in the civil service. The Committee would be grateful if the Government would continue to provide information on the impact of the measures taken to promote vocational education and training and employment opportunities for members of the scheduled castes and scheduled tribes, particularly the dalits and safai karamchari, including statistical data reflecting the percentage of posts that they occupy at the different levels in both the central government civil service, as well as in the civil service branches of the different Indian states. The Committee would also appreciate the Government forwarding information on any measures taken to promote greater representation of members of these minority groups at the higher levels of the civil service.

3.  The Committee notes that, under article 338(9) of the Constitution of India, the central and state governments have a constitutional obligation to consult with the National Commission on Scheduled Castes and Scheduled Tribes (NC) on all major policy matters affecting the scheduled castes and scheduled tribes. The Committee requests the Government to provide information on the impact of the consultations on the application of the national policy of non-discrimination. The Committee notes from the Government’s report that the NC and the National Scheduled Castes and Scheduled Tribes Finance and Development Corporation (NSFDC) assist these groups in self-employment and income-generating activities and skill development training directed at low-income members. It requests the Government to provide particulars in its next report on the types of programmes offered, as well as information on the number of persons from the scheduled castes and scheduled tribes, particularly dalits, safai karamchari, and other target groups that utilize such services.

4.  As to its previous comments regarding the guidelines against sexual harassment established by the 1997 Indian Supreme Court’s decision in Vishaka and Ors. v. State of Rajasthan and Ors., the Committee again notes that Rule 3C of the Central Civil Service (Conduct) Rules, 1964 (as amended) does not incorporate a number of the guidelines contemplated by the Vishaka court, in that they do not provide for the creation of an appropriate complaint mechanism in the employers’ organization or set a specified time period within which the complaint must be processed, nor do they provide for appropriate penalties which may be imposed against the offender. In this regard, the Committee notes the Department of Personnel and Training memorandum of 13 February 1998, which calls for the creation of a complaints mechanism in every government department to resolve complaints of sexual harassment. While the memorandum contemplates that complaints be treated in a time-bound manner, it does not specify any time period, nor does it establish any penalties or establish the complaints mechanism itself. Accordingly, the Committee requests the Government to indicate in its next report the measures taken to implement all of the guidelines established by the Vishaka decision at the central and state government levels, including all departments.

5.  The Committee notes with interest the studies conducted by the Centre for Development Studies and Action and the National Commission for Women regarding the impact of constitutional amendment 73 on women’s participation in panchayat/municipal politics. The Committee notes the problems experienced by a number of the women interviewed in the study, including discrimination on the basis of their sex and caste. The Government is asked to indicate whether and to what extent the recommendations of the study carried out by the Centre for Development Studies and Action have been implemented to promote the effective and informed participation of women in panchayat/municipal politics.

6.  In response to the Committee’s previous comments, the Government indicates that the recommendations of the National Commission on Self-Employed Women and Women in the Informal Sector have been accepted. The Committee notes with interest the follow-up action reported by the Government, including the establishment of a resource base for extending credit to poor women, the establishment of a national Creche Fund, as well as the training alongside employment programmes established, particularly the socio-economic programme to train poor and needy women in traditional and non-traditional trades and enable them to become self-employed or seek employment. Given that the National Commission for Women has not undertaken any of the functions of the National Commission on Self-Employed Women, the Government is asked to indicate what agency or agencies are responsible for ensuring that the principles of the Convention are applied in the implementation of the programmes referred to above. The Committee also repeats its previous request that the Government provide information on any activities undertaken to promote the implementation by the central and state governments of the recommendations made by the National Expert Committee on Women Prisoners. The Committee thanks the Government for providing copies of the 1993-94 and 1994-95 annual reports of the National Commission for Women and hopes that it will continue to supply any subsequent annual reports printed by that Commission.

7.  The Government’s report states that the literacy rate for women according to the 1991 census was 39.19 per cent overall, compared with 23.76 per cent for women from the scheduled castes and 18.19 per cent for women from the scheduled tribes. The Committee also notes from the 1994-95 annual report of the National Commission for Women that the literacy rates for women from the scheduled tribes are much lower in certain states than the national average. One example given was Rajasthan, where the female literacy rate in 1991 was only 4.24 per cent. Further, with regard to members of the scheduled tribes, the annual report indicates that there is a vast difference in male and female literacy levels in certain states, including Himachal Pradesh, Uttar Pradesh, Bihar and Rajasthan. According to the annual report, the gap between the literacy rate of women from other communities and the scheduled tribes is widening. Recalling once again that employment opportunities are invariably linked to education and literacy, the Committee requests the Government to supply information in its next report on the measures taken to improve those rates, particularly in states where female literacy rates in vulnerable groups are extremely low. It also asks the Government to provide updated statistics by state on female literacy rates for women in the general population and the scheduled castes and scheduled tribes.

8.  The Committee notes with interest the information provided by the Government on the development of the women’s Vocational Training Programme, with the number of industrial training institutes (ITIs) for women rising from 4 in 1950 to 458 in 1998. The Committee hopes that the Government will supply a copy of any final report released on the results of the World Bank-assisted component of the Vocational Training Project involving the establishment of additional ITIs. Noting the Government’s statement that the National Council for Vocational Training has recommended that 25 per cent of seats be reserved for women candidates in general ITIs, please indicate whether that recommendation has been or is proposed to be implemented. Also noting the Government’s statement that, in accordance with the Central Apprenticeship Council’s efforts to recruit women candidates as apprentices, please provide information in its next report on the measures taken or envisaged in order to recruit women candidates, particularly women from the scheduled castes and scheduled tribes, and the progress achieved in this area.

9.  The Committee would be grateful if the Government would supply information on the measures taken to prohibit discrimination and promote equal employment opportunity and treatment in the terms and conditions of work in the export processing zones.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the report and attached documentation provided by the Government, particularly the accompanying legislative and statistical information, including the Government's report to the Fourth World Conference on Women.

1. The Committee notes with interest the information provided by the Government regarding the measures being implemented to increase the representation of the scheduled castes and scheduled tribes in central/state civil service posts. The Government is asked to provide information in its next report on the impact of the measures taken, including current statistics on the percentage of persons of the scheduled castes and scheduled tribes in central/state civil service posts, broken down by occupation wherever possible. The Committee further requests the Government to continue to supply information on the measures taken, and results obtained, to promote employment opportunities for the scheduled castes and scheduled tribes, particularly in the areas of vocational training, occupational guidance and job placement. The Government is asked to indicate the nature and scope of the activities undertaken in this regard by the National Commission on Scheduled Castes and Scheduled Tribes and the National Scheduled Castes and Scheduled Tribes Finance and Development Corporation.

2. The Committee notes that Rule 3C of the Central Civil Service (Conduct) Rules, 1964, omits a number of the guidelines contemplated by the Vishaka court ruling, in that they do not provide for the creation of an appropriate complaint mechanism in the employer's organization to handle the complaint, including a complaints committee, nor do they establish appropriate penalties which may be imposed against the offender or set a specified time period within which the complaint must be processed. The Committee requests the Government to indicate whether it plans to include the additional criteria specified by the Supreme Court in the Vishaka ruling in the Central Civil Service Rules. In addition, the Committee requests the Government to indicate whether any of the state governments and public sector bodies have amended their rules and regulations to comply with the court guidelines. With regard to the Vishaka court's statements concerning the need to enact legislation prohibiting sexual harassment in the private sector workplace, the Government is asked to indicate whether the standing orders under the Industrial Employment (Standing Orders) Act, 1946, have been amended or whether any other relevant legislation has been enacted or amended to incorporate such guidelines. The Committee would be grateful if the Government would provide copies of all relevant laws and regulations enacted in this area. The Government is also asked to indicate the number, if any, of sexual harassment complaints filed by female civil service and public sector employees as well as private sector employees following the Vishaka decision and the outcome of such complaints, if known.

3. The Committee welcomes the promulgation of the Constitution (Seventy-Third Amendment) Act of 1992, which requires 30 per cent of all elected posts in a Panchayat to be reserved for women. The Committee understands that the National Commission for Women undertook preliminary studies on the impact of the constitutional amendment on women's participation in Panchayat/municipal politics and would be grateful if the Government would supply copies of any completed reports or other information arising out of these studies, or any other studies that have been carried out regarding the actual participation of women in politics in the Panchayats. In addition, the Government is asked to provide information in its next report regarding any activities it has undertaken or contemplates undertaking to ensure the effective application of Constitutional Amendment 73.

4. In response to the Committee's previous comments, the Government indicates that some of the recommendations of the National Commission on Self-Employed Women have already been operationalized. The Committee asks the Government to indicate the manner in and extent to which such recommendations have been implemented. In light of the fact that the National Commission for Women has not undertaken any of the functions of the National Commission on Self-Employed Women, the Government is asked to indicate what mechanism is contemplated to ensure that the principles of the Convention are applied to women operating small businesses. Please also provide information on what activities have been undertaken to promote the implementation by the central and state governments of the recommendations made by the National Expert Committee on Women Prisoners. The Committee thanks the Government for providing a copy of the first annual report of the National Commission for Women and hopes that the Government will supply in its next report any subsequent annual reports printed by that Commission. Please provide information on the manner in which any of the recommendations and suggestions summarized in Chapter X of the 1992-93 report have been implemented or are proposed to be implemented. Noting the National Commission for Women's emphasis on education and vocational training in its recommendations, and further noting that employment opportunities are invariably linked to education and literacy, the Government is asked to provide statistics on current literacy rates for women, particularly for women from the scheduled castes and scheduled tribes and other backward castes.

5. The Committee notes with interest the information provided by the Government on the development of the women's vocational training programme, with the number of Industrial Training Institutes (ITIs) for women rising from four in 1950 to 458 in 1998. The Committee hopes that the Government will supply a copy of any final report released on the results of the World Bank-assisted component of the vocational training programme involving the establishment of additional ITIs. Noting the Government's statement that the National Council for Vocational Training has recommended that 25 per cent of seats be reserved for women candidates in general ITIs, please indicate whether that recommendation has been or is proposed to be implemented. The Committee notes with interest the Government's statement that, in accordance with the Central Apprenticeship Council's efforts to recruit women candidates as apprentices, the Director-General of Employment and Training has taken up the matter with various agencies for measures to be adopted. The Government is asked to provide information in its next report on the measures taken or envisaged in order to recruit women candidates and the progress achieved in this area.

6. With regard to activities in the area of tripartite cooperation, the Committee notes with interest the formation of an apex-level task force to examine ways and means to promote the participation of women in the advanced training scheme. It hopes that the Government will continue to provide information regarding tripartite cooperation activities undertaken in furtherance of Article 4 of the Convention.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

Further to its previous observation, the Committee notes with interest the information provided by the Government, particularly the letter of 2 November 1997 from the Secretary of Labour directing the central ministries, state governments and chief managing directors of public sector undertakings to follow the guidelines and norms prohibiting sexual harassment of women in the workplace set forth in the Supreme Court's 13 August 1997 ruling in Vishaka and Ors. v. the State of Rajasthan and Ors. The Committee further notes that, on 13 February 1998, the Government amended the Central Civil Service (Conduct) Rules, 1964, to add Rule 3C, which expressly prohibits the sexual harassment of women at their workplace.

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

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report of January 1996 contains no reply to its comments. It hopes that the next report will include information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the information provided by the Government in response to its previous request for details on the measures taken to assist the socio-economic development of Scheduled Castes and Scheduled Tribes. In particular, it notes that there was a substantial increase in the flow of development funds for this purpose, which resulted in the expansion of infrastructural facilities. The Committee also notes that the Scheduled Castes and Scheduled Tribes Development Corporations in the States continued to provide economic assistance for self-employed projects; and that economic assistance was given to 12 million Scheduled Caste families and to 5.3 million Scheduled Tribe families under various programmes, including the Integrated Rural Development Programme. In relation to entry into the public services of the Scheduled Castes and Scheduled Tribes, the Committee notes that 8,000 seats were created in 101 pre-examination training centres, where coaching was given to candidates for the public service competitive examinations. According to the Government, these measures have increased the representation of the Scheduled Castes and Scheduled Tribes in the central government services and public sector undertakings over the years. The Committee also notes with interest the measures being taken to produce educational materials in various dialects. It requests the Government to continue to supply information on the measures taken, and results obtained, to further the employment opportunities of these groups.

2. With reference to its previous request concerning the measures taken to increase and improve women's employment opportunities through skill upgrading, group organization and involvement in decision-making, the Committee notes from the report the wide range of functions of the National Commission for Women, set up in January 1992. The Committee hopes that the Government will furnish the first annual report of the Commission, which was being printed at the time the Government's report was submitted. Noting that the Commission has authority to recommend rehabilitation and improvements for women kept in custody, the Committee requests the Government to indicate whether, in this respect, the Commission will coordinate any activities in the employment sphere with those of the National Expert Committee on Women Prisoners, on which the Government has reported. The Committee requests the Government to indicate whether the National Commission for Women has assumed any of the functions of the National Commission on Self-Employed Women, which does not exist at the moment. Please also indicate whether any action was taken to implement the recommendations of the National Commission on Self-Employed Women by state governments and other concerned agencies which were sent the recommendations for action. The Committee requests the Government to furnish with its next report copies of any national report on the status of Indian women, which might have been prepared for the Fourth World Conference on Women, held in Beijing in September 1995.

3. The Committee has noted with interest the information provided on the number of Industrial Training Institutes (ITIs) created exclusively for women, which rose from 355 in 1991 to 370 in 1992-93. It further notes that, under a World Bank project, 100 new ITIs for women have been set up at the state level and that new trades are being introduced in 64 existing ITIs functioning under the control of state governments. The Committee also notes with interest that, in line with the Central Apprenticeship Council's policy to increase the number of women candidates, there has been an increase of women in all categories of apprentices from 4,945 to 7,450 in one year. The Committee requests the Government to provide information on these and other measures being taken to increase the productive capacity of women and disadvantaged groups.

4. Further to its previous comment concerning tripartite cooperation in promoting the national policy on equality, the Committee notes that all vocational training programmes, including those for women, are carried out on the recommendations of the apex-level tripartite body, the National Council for Vocational Training. The Government also refers to the Central Apprenticeship Council, a statutory apex-level body, which comprises representatives of employers' and workers' organizations, and whose function is to make recommendations concerning training under the Apprentices Act. The Committee hopes that the Government will provide information on the other areas pertinent to the implementation of the Convention, in which tripartite cooperation takes place.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee notes with satisfaction that the Supreme Court of India recommended a set of guidelines against sexual harassment in its judgement Vishaka and Ors. v. the State of Rajasthan and Ors. of 13 August 1997. The Supreme Court considered that gender equality includes protection from sexual harassment and the right to work with dignity, which is a universally recognized human right, and that the common minimum requirement of this right has received global acceptance. It considered that the international Conventions and norms are, therefore, of great significance in the formulation of the guidelines to achieve this purpose. Within the guidelines, the Supreme Court defined sexual harassment as including such unwelcome sexually determined behaviour (whether directly or by implication) as: (a) physical contact and advances; (b) a demand or request for sexual favours; (c) sexually coloured remarks; (d) showing pornography; and (e) any other unwelcome physical, verbal or non-verbal conduct of a sexual nature. The guidelines also cover prevention, criminal proceedings, disciplinary action, and complaint mechanisms. The Supreme Court felt compelled to issue the guidelines in the absence of enacted law to provide for the effective enforcement of the basic human right of gender equality and to guarantee against sexual harassment and abuse, more particularly against sexual harassment at workplaces. The Court, accordingly, directed that the guidelines and norms issued should be strictly observed in all workplaces for the preservation and enforcement of the right to gender equality of working women and that they be binding and enforceable by law until suitable legislation is enacted in this area. In light of the considerations of the Supreme Court, the Committee requests the Government to indicate whether it intends to enact legislation on sexual harassment.

2. The Committee notes from the Government's report to the Human Rights Committee (United Nations Document CCPR/C/76/Add.6 of 17 June 1996), which monitors the implementation of the International Covenant on Civil and Political Rights, that a landmark amendment to the Constitution has provided for 30 per cent of all elected offices in local bodies, whether in rural or urban areas, to be reserved for women. The Committee requests the Government to provide it with a copy of the amendment.

3. The Committee is addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee notes the information provided by the Government in response to its previous request for details on the measures taken to assist the socio-economic development of Scheduled Castes and Scheduled Tribes. In particular, it notes that there was a substantial increase in the flow of development funds for this purpose, which resulted in the expansion of infrastructural facilities. The Committee also notes that the Scheduled Castes and Scheduled Tribes Development Corporations in the States continued to provide economic assistance for self-employed projects; and that economic assistance was given to 12 million Scheduled Caste families and to 5.3 million Scheduled Tribe families under various programmes, including the Integrated Rural Development Programme. In relation to entry into the public services of the Scheduled Castes and Scheduled Tribes, the Committee notes that 8,000 seats were created in 101 pre-examination training centres, where coaching was given to candidates for the public service competitive examinations. According to the Government, these measures have increased the representation of the Scheduled Castes and Scheduled Tribes in the central government services and public sector undertakings over the years. The Committee also notes with interest the measures being taken to produce educational materials in various dialects. It requests the Government to continue to supply information on the measures taken, and results obtained, to further the employment opportunities of these groups.

2. With reference to its previous request concerning the measures taken to increase and improve women's employment opportunities through skill upgrading, group organization and involvement in decision-making, the Committee notes from the report the wide range of functions of the National Commission for Women, set up in January 1992. The Committee hopes that the Government will furnish the first annual report of the Commission, which was being printed at the time the Government's report was submitted. Noting that the Commission has authority to recommend rehabilitation and improvements for women kept in custody, the Committee requests the Government to indicate whether, in this respect, the Commission will coordinate any activities in the employment sphere with those of the National Expert Committee on Women Prisoners, on which the Government has reported. The Committee requests the Government to indicate whether the National Commission for Women has assumed any of the functions of the National Commission on Self-Employed Women, which does not exist at the moment. Please also indicate whether any action was taken to implement the recommendations of the National Commission on Self-Employed Women by state governments and other concerned agencies which were sent the recommendations for action. The Committee requests the Government to furnish with its next report copies of any national report on the status of Indian women, which might have been prepared for the Fourth World Conference on Women, held in Beijing in September 1995.

3. The Committee has noted with interest the information provided on the number of Industrial Training Institutes (ITIs) created exclusively for women, which rose from 355 in 1991 to 370 in 1992-93. It further notes that, under a World Bank project, 100 new ITIs for women have been set up at the state level and that new trades are being introduced in 64 existing ITIs functioning under the control of state governments. The Committee also notes with interest that, in line with the Central Apprenticeship Council's policy to increase the number of women candidates, there has been an increase of women in all categories of apprentices from 4,945 to 7,450 in one year. The Committee requests the Government to provide information on these and other measures being taken to increase the productive capacity of women and disadvantaged groups.

4. Further to its previous comment concerning tripartite cooperation in promoting the national policy on equality, the Committee notes that all vocational training programmes, including those for women, are carried out on the recommendations of the apex-level tripartite body, the National Council for Vocational Training. The Government also refers to the Central Apprenticeship Council, a statutory apex-level body, which comprises representatives of employers' and workers' organizations, and whose function is to make recommendations concerning training under the Apprentices Act. The Committee hopes that the Government will provide information on the other areas pertinent to the implementation of the Convention, in which tripartite cooperation takes place.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report for 1990-92 contains no reply to the Committee's most recent comments made in 1993. The Committee refers to the observation it is making and hopes that the Government's next report will include full information on the matters raised in its 1993 direct request, which read, in pertinent parts, as follows:

(...)

2. Noting with interest the strategy outline for Scheduled Castes and Scheduled Tribes in the Seventh Five-Year Plan (1985-90), in particular the Special Component Plan set up in the States and Central Ministries, the Special Central Assistance Fund to be used for income-generating developing schemes and the establishment of a National Scheduled Castes and Scheduled Tribes Finance Development Corporation, whose objective is to innovate and promote the work of existing agencies, as well as the information on the Tribal Sub-Plan and the establishment of ten Tribal Advisory Councils under the Fifth Schedule to the Constitution, the Committee requests the Government to continue supplying information on the socio-economic development of the Scheduled Castes and the Scheduled Tribes with regard to equality of opportunity and treatment in employment and occupation and with regard to equal access to education and vocational training.

3. Regarding the emphasis in the Seventh Five-Year Plan on women's employment opportunities and its objective of increasing and improving women's work opportunities in various sectors through skill upgrading, group organization, involvement in decision-making and training in various recently established national women's bodies, the Committee again requests the Government to provide information on the activities of the National Expert Committee on Women Prisoners and the National Commission on Self-Employed Women with regard to equality of opportunity and treatment in employment and occupation and equal access to education and vocational training. It would also appreciate receiving details on the results obtained and the progress achieved in promoting equality of opportunity and treatment in employment and occupation through the Seventh Five-Year Plan and the National Perspective Plan of 9 October 1988 which contained a long-term policy for Indian women.

4. The Committee notes with interest the enactment of the National Commission for Women Act, 1990, which has broad functions to eliminate discrimination against women, inter alia, in employment and occupation and which shall submit annual reports to the central Government. The Committee requests the Government to supply information on the activities of this Commission, including its annual reports and any reviews it carries out under its responsibility for safeguarding the rights provided for women in the Constitution and other laws and for promoting their socio-economic development.

5. The Committee also notes with interest the statistics provided by the Government in its report on the percentage of female students at vocational training institutes. The Committee asks the Government to continue supplying information of this nature and hopes that the Government also will be able to include in its next report statistics on the percentages of male and female students at institutes of higher education which could help in the assessment of the implementation of the Government's promotion of equality of opportunity and treatment in respect of employment and occupation.

6. The Committee again requests the Government to provide detailed information on the measures taken to seek the cooperation of employers' and workers' organizations and other appropriate bodies in promoting the acceptance and observance of the national policy to promote equality of opportunity and treatment in respect of employment and occupation.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

With reference to its previous comments, the Committee notes with interest the information supplied in the Government's report for the period 1990-92, in particular the copy of the Supreme Court's decision of 16 November 1992 in Indira Sawhney and others v. Union of India and others.

1. This case concerns the elimination of discrimination in employment on the basis of social origin. The Committee had previously requested the Government to keep it informed of the implementation of the 1980 recommendation of the Mandal Commission to reserve 27 per cent of jobs in the public service for disadvantaged classes (as distinct from Scheduled Castes and Scheduled Tribes). The Government reports that the Mandal Commission Report was discussed in Parliament in 1982 and 1983 and action taken on this particular recommendation with the issuance of a Central Government Memorandum on 13 August 1990, which specifically ordered reservation of 27 per cent of the vacancies in government posts for the socially and educationally backward classes (SEBCs) and of a second Memorandum on 25 September 1991 amending the earlier one so as to allow preference to be given to candidates belonging to the poorer sections of the SEBCs. The challenge to the constitutionality of the 1990 Memorandum was not upheld by the Supreme Court. The Committee notes from the judgement that the reservation is to be put into operation except for the socially advanced persons, known as the "creamy layer" (an expert committee shall be established to specify the scope of the "creamy layer") and that a permanent statutory body shall be constituted to examine complaints concerning inclusion in the lists as other backward classes. The Court itself stated that an economic criterion can be adopted as an indicium for determining the "creamy layer".

2. The Committee notes from the Government's report that the expert committee to examine the exclusion of the "creamy layer" was duly constituted and submitted its report on 10 March 1993, which the Government accepted. According to the Government, further action towards making reservations in government service in accordance with the Supreme Court's decision is under way. The Committee requests the Government to inform it of the action taken to implement the Supreme Court's decision, including details on the expert committee's findings on the "creamy layer".

3. The Committee is addressing a direct request to the Government on other points.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous direct requests, the Committee notes the information contained in the Government's report.

1. Regarding the recommendation of the Mandal Commission to reserve 27 per cent of jobs in the public service for disadvantaged classes (as distinct from Scheduled Castes and Scheduled Tribes), the Committee notes that the issue is sub judice and that the Government will provide information when the Supreme Court renders a decision. The Committee trusts that it will receive information in this regard in the next report, including a copy of the Supreme Court's final determination in the matter.

2. Noting with interest the strategy outline for Scheduled Castes and Scheduled Tribes in the Seventh Five-Year Plan (1985-90), in particular the Special Component Plan set up in the States and Central Ministries, the Special Central Assistance Fund to be used for income-generating developing schemes and the establishment of a National Scheduled Castes and Scheduled Tribes Finance Development Corporation, whose objective is to innovate and promote the work of existing agencies, as well as the information on the Tribal Sub-Plan and the establishment of ten Tribal Advisory Councils under the Fifth Schedule to the Constitution, the Committee requests the Government to continue supplying information on the socio-economic development of the Scheduled Castes and the Scheduled Tribes with regard to equality of opportunity and treatment in employment and occupation and with regard to equal access to education and vocational training.

3. Regarding the emphasis in the Seventh Five-Year Plan on women's employment opportunities and its objective of increasing and improving women's work opportunities in various sectors through skill upgrading, group organization, involvement in decision-making and training in various recently established national women's bodies, the Committee again requests the Government to provide information on the activities of the National Expert Committee on Women Prisoners and the National Commission on Self-Employed Women with regard to equality of opportunity and treatment in employment and occupation and equal access to education and vocational training. It would also appreciate receiving details on the results obtained and the progress achieved in promoting equality of opportunity and treatment in employment and occupation through the Seventh Five-Year Plan and the National Perspective Plan of 9 October 1988 which contained a long-term policy for Indian women.

4. The Committee notes with interest the enactment of the National Commission for Women Act, 1990, which has broad functions to eliminate discrimination against women, inter alia, in employment and occupation and which shall submit annual reports to the central Government. The Committee requests the Government to supply information on the activities of this Commission, including its annual reports and any reviews it carries out under its responsibility for safeguarding the rights provided for women in the Constitution and other laws and for promoting their socio-economic development.

5. The Committee also notes with interest the statistics provided by the Government in its report on the percentage of female students at vocational training institutes. The Committee asks the Government to continue supplying information of this nature and hopes that the Government also will be able to include in its next report statistics on the percentages of male and female students at institutes of higher education which could help in the assessment of the implementation of the Government's promotion of equality of opportunity and treatment in respect of employment and occupation.

6. The Committee again requests the Government to provide detailed information on the measures taken to seek the cooperation of employers' and workers' organizations and other appropriate bodies in promoting the acceptance and observance of the national policy to promote equality of opportunity and treatment in respect of employment and occupation.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the Government's report for the period ending 30 June 1988.

2. In its previous comments, the Committee noted a recommendation by the Mandal Commission to reserve 27 per cent of jobs in the public service for disadvantaged classes (as distinct from Scheduled Castes and Scheduled Tribes). It notes from the report that the Government considers that the status quo on this question should be maintained until a national consensus evolves. It requests the Government to continue to supply information in this regard.

3. The Committee also noted in its previous comments a number of recommendations made in the 27th Report of the Commissioner of Scheduled Castes and Scheduled Tribes, and requested the Government to supply information on measures which had been taken or were contemplated in response to his recommendations. It notes with interest the information on the measures taken under the Sixth Five-Year Plan to improve the status of these groups, in particular the statistical information on trends in occupation and literacy rates among Scheduled Castes and Scheduled Tribes and the rest of the population; and on the employment profile of these groups in central Government, showing the progress achieved in recent years.

The Committee further notes the strategy outline for Scheduled Castes and Scheduled Tribes contained in the Seventh Five-Year Plan. It requests the Government to continue to supply detailed information on the results obtained in the socio-economic development of the Scheduled Castes and the Scheduled Tribes through the implementation of the Seventh Plan, in particular with regard to equality of opportunity and treatment in employment and occupation, and with regard to equal access to education and vocational training. It refers also, in this connection, to the comments it has made under other Conventions, in particular the Indigenous and Tribal Populations Convention, 1957 (No. 107).

4. In its previous comments, the Committee noted that the Seventh Five-Year Plan has laid the emphasis on the question of women's employment opportunities and has set the objective of increasing and improving the work opportunities of women in various sectors through skill upgrading, group organisaton, involvement in decision-making rules, training, etc. The Committee notes from the Government's report the establishment of the National Expert Committee on Women Prisoners, the National Committee on Women, and the National Commission on Self-employed Women, and the fact that the latter has produced a report entitled "Shram Shakti" (Report on Self-employed Women and Women in the Informal Sector) in June 1988. The Committee also notes the presentation of the National Perspective Plan, outlining a long-term overall policy for Indian women, on 9 October 1988.

The Committee requests the Government to include in its next report information on the activities of the National Expert Committee on Women Prisoners, the National Committee on Women, and the National Commission on Self-employed Women with regard to equality of opportunity and treatment in employment and occupation and with regard to equal access to education and vocational training, as well as further information on the results obtained and the progress achieved in promoting equality of opportunity and treatment in employment and occupation through the Seventh Five-Year Plan and the National Perspective Plan. It notes, in this respect, the Government's comments on the comparative employment statistics to which reference was made in its previous request.

5. The Committee further requests the Government to provide detailed information on the measures taken to seek the co-operation of employers' and workers' organisations and other appropriate bodies in promoting the acceptance and observance of the national policy to promote equality of opportunity and treatment in respect of employment and occupation.

The Committee also hopes that the Government will be able to include in its next report statistics on the percentages of male and female students at institutes of higher education and at vocational training institutes.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee notes the Government's report for the period ending 30 June 1988.

2. In its previous comments, the Committee noted a recommendation by the Mandal Commission to reserve 27 per cent of jobs in the public service for disadvantaged classes (as distinct from Scheduled Castes and Scheduled Tribes). It notes from the report that the Government considers that the status quo on this question should be maintained until a national consensus evolves. It requests the Government to continue to supply information in this regard.

3. The Committee also noted in its previous comments a number of recommendations made in the 27th Report of the Commissioner of Scheduled Castes and Scheduled Tribes, and requested the Government to supply information on measures which had been taken or were contemplated in response to his recommendations. It notes with interest the information on the measures taken under the Sixth Five-Year Plan to improve the status of these groups, in particular the statistical information on trends in occupation and literacy rates among Scheduled Castes and Scheduled Tribes and the rest of the population; and on the employment profile of these groups in central Government, showing the progress achieved in recent years.

The Committee further notes the strategy outline for Scheduled Castes and Scheduled Tribes contained in the Seventh Five-Year Plan. It requests the Government to continue to supply detailed information on the results obtained in the socio-economic development of the Scheduled Castes and the Scheduled Tribes through the implementation of the Seventh Plan, in particular with regard to equality of opportunity and treatment in employment and occupation, and with regard to equal access to education and vocational training. It refers also, in this connection, to the comments it has made under other Conventions, in particular the Indigenous and Tribal Populations Convention, 1957 (No. 107).

4. In its previous comments, the Committee noted that the Seventh Five-Year Plan has laid the emphasis on the question of women's employment opportunities and has set the objective of increasing and improving the work opportunities of women in various sectors through skill upgrading, group organisaton, involvement in decision-making rules, training, etc. The Committee notes from the Government's report the establishment of the National Expert Committee on Women Prisoners, the National Committee on Women, and the National Commission on Self-employed Women, and the fact that the latter has produced a report entitled "Shram Shakti" (Report on Self-employed Women and Women in the Informal Sector) in June 1988. The Committee also notes the presentation of the National Perspective Plan, outlining a long-term overall policy for Indian women, on 9 October 1988.

The Committee requests the Government to include in its next report information on the activities of the National Expert Committee on Women Prisoners, the National Committee on Women, and the National Commission on Self-employed Women with regard to equality of opportunity and treatment in employment and occupation and with regard to equal access to education and vocational training, as well as further information on the results obtained and the progress achieved in promoting equality of opportunity and treatment in employment and occupation through the Seventh Five-Year Plan and the National Perspective Plan. It notes, in this respect, the Government's comments on the comparative employment statistics to which reference was made in its previous request.

5. The Committee further requests the Government to provide detailed information on the measures taken to seek the co-operation of employers' and workers' organisations and other appropriate bodies in promoting the acceptance and observance of the national policy to promote equality of opportunity and treatment in respect of employment and occupation.

The Committee also hopes that the Government will be able to include in its next report statistics on the percentages of male and female students at institutes of higher education and at vocational training institutes.