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Comments adopted by the CEACR: India

Adopted by the CEACR in 2021

C081 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.
Repetition
The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 16 September 2020. The ITUC states that, as part of the response to the COVID-19 pandemic, a number of states (including Uttar Pradesh, Madhya Pradesh, Rajasthan and Gujarat) have made changes to their labour laws by way of amendments, ordinances or executive orders, bypassing tripartite consultations and parliamentary debates. The ITUC states that the changes, based on the extraordinary measures provisions of the Factories Act 1948, gravely undermine workers’ rights and leave them without protection, in particular with regard to working hours, safety and health and wages. The ITUC also expresses concern about the provisions adopted in the state of Madhya Pradesh that exempt “non-hazardous factories” from routine inspections by the Labour Commissioner, and permit these factories to submit third-party certification regarding compliance instead. The ITUC states that this exemption is a violation of the Convention and will endanger the health and safety of workers. The Committee requests the Government to provide its observations in this respect.
In addition, the Committee notes that the Occupational Safety and Health (OSH) and Working Conditions Bill, previously noted by the Committee, was adopted in September 2020. The Committee proceeded with the examination of the application of the Convention on the basis of the new legislation adopted (see Articles 12 and 17 below), as well as on the basis of the information at its disposal in 2019.
The Committee notes the observations made by the Council of Indian Employers (CIE), received on 30 August 2019, and the observations made by the International Trade Union Confederation (ITUC), received on 1 September 2019, as well as the Government’s reply in relation to the observations made by the ITUC.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 108th Session, June 2019)

The Committee notes the discussion in the Conference Committee on the Application of Standards (CAS) of the International Labour Conference, at its 108th Session (June 2019), on the application of the Convention, and the conclusions adopted. The conclusions of the CAS called upon the Government to: (i) ensure that the draft legislation, in particular the Code on Wages, and the OSH and Working Conditions Act, is in compliance with the Convention; (ii) ensure that effective labour inspections are conducted in all workplaces, including the informal economy and in all Special Economic Zones (SEZs); (iii) promote collaboration between officials of the labour inspectorate and employers and workers, or their organizations, in particular when it comes to the implementation of inspection reports; (iv) increase the resources at the disposal of the central and state government inspectorates; (v) ensure that labour inspectors have full powers to undertake routine and unannounced visits and to initiate legal proceedings; (vi) pursue its efforts towards the establishment of registers of workplaces at the central and state levels; (vii) provide detailed information on the progress made with respect to measures taken to improve the data collection system, enabling the registration of data in all sectors; (viii) ensure that the operation of the self-certification scheme does not impede or interfere with the powers in functions of labour inspectors to carry out regular and unannounced visits in any way, as this is only a complementary tool; (ix) submit its annual report on labour inspection to the ILO; and (x) provide information on the number of routine and unannounced visits, as well as on the dissuasive sanctions imposed against infractions to guarantee the enforcement of labour protections in practice. The CAS also invited the Government to accept a direct contacts mission and to elaborate a report in consultation with the most representative employers’ and workers’ organizations on progress made in the implementation of the Convention in law and practice. The Committee notes with concern the statement in the Government’s report that it does not accept any direct contacts mission.
Articles 2 and 4 of the Convention. Labour inspection in SEZs. In its previous comments, the Committee noted the Government’s earlier indication that few inspections had been carried out in SEZs, and that Development Commissioners continued to exercise inspection powers in some SEZs. The Committee notes the observations of the ITUC expressing concern that the power of labour inspectors are being exercised by Development Commissioners who have a responsibility to promote investment in SEZs. The Committee also notes the observations made by the CIE that some of the SEZs have jurisdictions in more than one state, and that due to this administrative difficulty, Development Commissioners have been appointed to oversee the functioning of the SEZs. The CIE adds that Development Commissioners have been given full powers to enforce the labour laws through labour inspectors deputed by the local governments.
The Committee notes the Government’s indication, in response to the concerns expressed by the ITUC, that the deputed labour inspectors from the states work independently, are paid by the states and may conduct inspections on their proper initiative without prior intimation to the Development Commissioners. The Committee further notes the Government’s indications, in reply to the Committee’s request to ensure that effective labour inspections are conducted in all SEZs, that the number of inspections has increased substantially in the last three years. In this respect, the Committee notes with interest from the statistical information provided by the Government, an increase in the number of inspections undertaken in six of the seven SEZs from 2016–17 to 2018–19: from 0 to 62 in Falta Kolkata; from 26 to 30 in Vishakapatnam; from 46 to 105 in Mumbai; from 16 to 30 in Noida; from 368 to 2,806 in Kandla; and from 189 to 222 in Chennai. The number of inspections undertaken in the SEZ Cochin went from 22 to 18 over the same period. The Committee notes however, that the number of penalties imposed remained low, and in three out of the seven SEZs, no penalties were imposed during this period. The Committee requests the Government, in line with the 2019 conclusions of the CAS, to ensure that effective labour inspections are conducted in all SEZs. Welcoming the information already provided, the Committee requests the Government to provide more detailed statistical information on the number of labour inspectors responsible for inspections in these zones, the number of inspection visits, the number and nature of offences reported, the number of penalties imposed, the amounts of fines imposed and collected, and information on criminal prosecutions, if any. It also requests the Government to continue to provide information on the number of enterprises and workers in each SEZ. The Committee further requests the Government to provide up-to-date information indicating in which SEZs labour inspection powers have been delegated to Development Commissioners, including the specific powers so delegated and how inspections are carried out in those SEZs.
Articles 4, 20 and 21. Availability of statistical information on the activities of the labour inspection services at the central and state levels. Availability of statistics in specific sectors. The Committee notes the Government’s reference, in reply to the Committee’s previous request for an annual labour inspection report, to the 2018–19 report published by the Ministry of Labour and Employment, which contains statistical information on inspection activities at the central level (including the number of labour inspections, the number of irregularities detected, the number of prosecutions and convictions, as well as the number of accidents in mines). Concerning the state level, the Committee notes the statistical information on labour inspection activities provided by the Government with its report (including on the number of labour inspections in 14 states, and the number of violations detected, prosecutions and penalties imposed in 15 states). Finally, the Committee welcomes the information available on the Shram Suvidha web portal at the Ministry of Labour and Employment concerning the information on registered workplaces in nine states and the information that discussions are ongoing with other states concerning the integration of information into the portal. The Committee also notes the observations made by the ITUC that the statistical data provided does not allow for an assessment of the effective operation of the labour inspection services. The Committee urges the Government to pursue its efforts to ensure that the central authority (at the central level or the state levels), publishes and transmits to the ILO annual reports on labour inspection activities containing all the information required by Article 21. In line with the 2019 conclusions of the CAS, the Committee encourages the Government to pursue its efforts towards the establishment of registers of workplaces at the central and state levels. In this regard, the Committee also once again requests the Government to provide detailed information on the progress made with respect to measures taken to improve the data collection system enabling the registration of data in all sectors.
Articles 10 and 11. Material means and human resources at the central and state levels. The Committee notes with interest the Government’s indication, in response to the Committee’s request to increase the resources at the central and state government inspectorates, that more than 574 labour inspectors have been recruited at the state levels in the last two years, bringing the total number of labour inspectors to 3,721. The Government adds that at the central level, the number of labour inspectors is 4,702. The Committee also notes the information provided by the Government in relation to the central level and 19 states on the transport facilities or transport allowance provided, as well as on the available material resources.
The Committee notes the statement of the CIE that the use of technology, information and communications technology in particular, has contributed to promoting compliance. The Committee also notes the observations made by the ITUC that the human and material resources of the labour inspectorate are inadequate. It notes the Government’s reply that inspectors at the central government level and in most states are provided vehicles for conducting inspections. In line with the 2019 conclusions of the CAS, the Committee requests the Government to continue to take measures to increase the resources at the disposal of the central and state government inspectorates, and to provide information on the concrete measures taken in that respect. It also requests the Government to continue to provide information on the number of labour inspectors, material resources and transport facilities and/or budget for travel allowances of the labour inspection services at the central level and for each state, and to provide statistical information on the workplaces liable to inspection at the central level and state levels.
Articles 12 and 17. Free initiative of labour inspectors to enter workplaces without prior notice, and discretion to initiate legal proceedings without previous warning. The Committee previously requested the Government to ensure that, in the ongoing legislative reform, any legislation developed be in conformity with the Convention. The Committee notes the Government’s indication, in response to this request, that the Code on Wages was adopted in August 2019. The Committee notes that pursuant to section 51(5)(b) of the Code on Wages, labour inspectors entitled “inspectors-cum-facilitators” may inspect establishments “subject to the instructions or guidelines issued by the appropriate Government from time to time”. It further notes that the Code on Wages provides that inspectors-cum-facilitators shall, before the initiation of prosecution for an offence, give employers an opportunity to comply with the provisions of the Code within a certain time limit through a written direction (section 54(3)).
In addition, the Committee notes the adoption of the OSH and Working Conditions Code on 28 September 2020. The Code provides that, subject to rules made, inspector-cum-facilitators may enter any place which is used, or they have reason to believe is used, as a work place and inspect and examine the establishment and any premises, plant, machinery, article, or any other relevant material (section 35(1) and (2)). The Committee notes that while the Code also gives inspectors-cum-facilitators and other appropriately authorized officers the power to enter workplaces at any time during normal working hours or at any other time deemed necessary, it requires them to give notice in writing to the employer prior to undertaking a survey (section 20(1)); and with respect to inspections in mines (section 41), to provide at least three days before conducting inspections (for the purpose of surveying, levelling or measuring any mine or any output therefrom), except in emergency situations pursuant to a written order from the Chief Inspector-cum-Facilitator. The Committee further notes that section 110 provides that an inspector-cum- facilitator shall not initiate prosecution proceedings against an employer for any offence in Chapter XII of the Code (on offences and penalties), and shall give an opportunity to comply with relevant provisions of the Code within a period of thirty days from the date of notice giving opportunity, and, if the employer complies with such provisions within the period, no such proceeding shall be initiated against the employer. Section 110 further provides that the period of notice does not apply in the case of an accident or if it concerns a violation of the same nature repeated within a period of three years from the date on which the first violation was committed. In addition, the Committee notes the statistics provided by the Government concerning the number of convictions and penalties imposed at the central level and for 11 states for the period of 2016–19.
The Committee recalls that under Article 12(1)(a) of the Convention, labour inspectors shall be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection, and it further recalls Article 17 of the Convention provides that, with certain exceptions, persons who violate or neglect to observe legal provisions enforceable by labour inspectors shall be liable to prompt legal proceedings without previous warning, and that it must be left to the discretion of labour inspectors to give a warning or advice instead of instituting or recommending proceedings. The Committee requests the Government to take measures to ensure that labour inspectors are empowered, in law and practice and in line with Article 12(1)(a) and (b) of the Convention, to make visits without previous notice. In this respect, noting that the Code on Wages provides for inspections subject to the instructions or guidelines issued by the appropriate Government, the Committee urges the Government to ensure that the instructions issued fully empower labour inspectors in accordance with Article 12(1)(a) and (b) of the Convention. The Committee also requests the Government to provide further information on the meaning of the term “survey” in section 20 of the OSH and Working Conditions Code, and to indicate whether labour inspectors are required to provide notice of all inspections in writing under the Code. It also urges the Government to take the necessary measures to ensure that labour inspectors are able to initiate legal proceedings without previous warning, where required, in conformity with Article 17 of the Convention. In this respect, it requests the Government to provide further information on the meaning of the term “inspectors-cum-facilitators,” including the functions and powers of officials performing this role. Noting the statistics already provided, the Committee requests the Government to provide information on the number and nature of offences reported, the number of penalties imposed, the amounts of fines imposed and collected, and information on criminal prosecutions, if any.
The Committee is raising other matters in a request addressed directly to the Government.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

C081 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2019 and the Government’s reply thereto.
Articles 6 and 7 of the Convention. Status and conditions of labour inspectors. Welcoming the significant increase in the number of labour inspectors at the states’ level within the last two years indicated in the Government’s report, the Committee requests the Government to provide information on the status and conditions of service of labour inspectors. It also requests the Government to provide information on the qualifications required for labour inspectors and the relevant recruitment process, as well as the training provided to them.
Articles 10, 12 and 16 of the Convention. Coverage of workplaces by labour inspections. Self-inspection scheme. The Committee notes the Government’s reiterated indication, in response to the Committee’s previous request, that self-certifications do not replace labour inspections, but complement them by encouraging voluntary compliance. The Government adds that the examination of the relevant records facilitates the work of labour inspectors by allowing them to understand the issues before making an inspection. The Committee also notes the Government’s indication that start-ups may be subject to inspection only when a very credible and verifiable complaint of a violation is submitted in writing and approval has been obtained from at least one level senior to the inspecting officer. The Committee also notes the concerns expressed by the ITUC that in the self-assessment based inspectorate system, which includes the assessment of compliance with labour standards by employers and the reporting of these results, labour inspectors will not be able to conduct labour inspections unless there is a complaint. The Committee notes from the statistical information provided that at the central level, all inspections are unannounced and that there is a high number of unannounced inspections in relation to the 14 (of the 36) states for which the Government has provided information. The Committee requests the Government, in line with the 2019 conclusions of the Committee on the Application of Standards, to ensure that the operation of the self-certification scheme does not impede or interfere with the powers of labour inspectors, as provided for in Articles 12 and 16 of the Convention. The Committee also requests the Government to continue to provide information on the number of routine visits and unannounced visits in all states, and to clearly indicate the visits that were made following the receipt of a complaint, as well as to indicate the number of inspections performed of start-ups.
Articles 12(1)(a) and (b), and 18. Free access of labour inspectors to workplaces. The Committee notes that the Government has not provided a reply in response to its previous request concerning Articles 12(1)(a) and (b), and 18. The Committee therefore once again requests the Government to provide information on any cases where police assistance was requested by a labour inspector or was necessary in order for a labour inspector to access a workplace and to indicate the number of cases brought in that respect under section 353 of the Penal Code for obstructing labour inspectors in the performance of their duties, the outcome of such cases and the penalties.

C122 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Socio-economic impact of the COVID-19 pandemic. Response and recovery measures. The Committee notes the devastating effects the pandemic has had on health, lives and livelihoods in India. In this context, the Committee recalls the broad guidance provided by international labour standards. It draws the Government’s attention to the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), which is a useful guide for the formulation and implementation, in consultation with the most representative organizations of employers and workers, of inclusive measures to promote full, productive and freely chosen employment opportunities and decent work as an effective response to the deep-rooted socio-economic effects of the crisis.  The Committee invites the Government to provide updated information on the impact of the pandemic on the implementation of the employment policies and programmes adopted with a view to guaranteeing the objectives of the Convention, especially in relation to the most vulnerable population groups. It requests the Government to provide updated information on the impact of the COVID-19 pandemic on the labour market, statistical information, disaggregated by age, sex and occupational sector, on the size and distribution of the labour force, rates of employment, unemployment and under employment and the size of the informal economy.
Articles 1 and 3 of the Convention. Formulation and implementation of a National Employment Policy. Consultation with the social partners. In its previous comments, the Committee requested information on the development of the National Employment Policy (NEP) in consultation with the social partners, as well as disaggregated data on the impact of increased budgetary allocations on employment creation. The Government reports that the drafting process for the National Employment Policy, initiated in 2013, is still under way, in consultation with stakeholders. The Government adds that discussions have been held with key stakeholders in respect of the draft NEP, as well as with the ILO Office. It indicates that a revised draft NEP is being prepared and will be shared with stakeholders before being finalized. With respect to consultations with the tripartite partners, including consultations within the Indian Labour Conference, the Government indicates that the latter is the highest-level tripartite consultative committee to advise the Government on labour-related issues. The Indian Labour Conference has held 46 sessions since its establishment in 1942, with the most recent session having taken place in 2015. The Government indicates that, during its 45th session in 2013, following consultations among the representatives of workers’ and employers’ organizations and Central and State governments, the Committee on Measures to Improve Employment and Employability recommended that the National Employment Policy be finalized as a matter of priority. Noting that no session of the Indian Labour Conference has been held since 2015, the Committee hopes that the National Employment Policy will be adopted in the near future and reiterates its request that the Government provide a copy once it is adopted. The Committee also requests the Government to provide concrete, updated information on the nature, content and outcome of consultations held with representatives of employers’ and workers’ organizations concerning the formulation, updating and implementation of the National Employment Policy, as well as other active employment policies and programmes at the central and state level. The Committee further requests the Government to provide detailed updated information on the manner in which the perspectives of persons affected by the employment-related measures implemented are taken into account in the development and implementation of active employment policy measures.
Labour market trends. The Committee previously requested the Government to provide updated disaggregated statistical data on trends in labour force participation, employment, unemployment and underemployment, as well as information on the national labour market information system and the production of timely employment data to help design more effective employment policies.
The Committee notes the information provided by the Government in respect of the annual Periodic Labour Force Surveys (PLFS) carried out by the National Sample Survey Office. It notes the detailed labour market statistics information provided by the Government in the PLFS reports on the situation and trends of labour force participation, employment and unemployment, in both the formal and informal economies, disaggregated by age, sex, skills, disadvantaged group, state and economic sector. In particular, the Committee notes that the 2018–19 PLFS report shows that the labour participation rate increased slightly from 36.9 per cent in 2017–18 to 37.7 per cent in 2018–19, while the unemployment rate decreased from 6.1 per cent to 5.8 per cent during the same period. The Committee requests the Government to continue to provide updated detailed information on the situation and trends of labour force participation, employment, unemployment and underemployment. The Government is further requested to indicate the manner in which the information compiled from the PLFS reports is utilized in the design and implementation of employment policies at national and provincial level.
Article 2. Implementation of employment programmes and employment services. The Committee notes with interest the information provided by the Government regarding the implementation of various programmes as well as their impact during the reporting period, targeting young persons and workers in the informal sector. The Government reports that during the reporting period (2017–19), the Prime Minister’s Employment Generation Programme (PMEGP) generated 309,043 jobs. Moreover, the National Urban Livelihoods Mission (NULM) provided assistance to 295,406 beneficiaries to establish micro enterprises. In addition, the Deen Dayal Upadhyaya Grameen Kaushalya Yojana (DDU–GKY), which is part of the National Rural Livelihoods Mission and focuses on the employment of rural youth between the ages of 15 and 35 from poor families, placed a total of 271,316 participants in employment. The Committee requests the Government to continue to provide detailed updated information on the impact of the employment programmes being implemented throughout the country, in both urban and rural areas, including statistical information, disaggregated by sex and age, on the number of jobs generated and the number of beneficiaries placed.
Specific groups. The Government reports on the implementation of the National Career Service (NCS) project, which provides a variety of employment related services to groups in vulnerable situations, such as career counselling, vocational guidance, as well as information on skills development courses, apprenticeships, internships and other opportunities. As of July 2019, more than 10.3 million jobseekers were registered in the NCS Portal. There are 25 NCS centres for the Scheduled Castes and Scheduled Tribes (ST/SC) operating in the different states and union territories. These centres provide persons belonging to the ST/SC with services to enhance their employability through coaching, counselling and training programmes, including one year of computer training and of computer hardware maintenance training for interested ST/SC candidates. The Committee notes that there are 21 NCS centres that provide services to persons with disabilities, including informal skills training. In addition, a stipend is available from the NCS centres to encourage persons with disabilities to participate in training and reduce their commuting and other expenses. However, the Committee notes that, according to the concluding observations on the initial report of India by the Committee on the Rights of Persons with Disabilities (CRPD) in October 2019, only 37 per cent of persons with disabilities have access to employment, and the employment quota of 4 per cent of persons with disabilities is not sufficiently implemented (CRPD/C/IND/CO/1, paragraph 56(a) and (c)). The Committee requests the Government to continue to provide information on the nature and impact of services provided by NCS centres and other measures taken to promote sustainable employment and decent work for disadvantaged groups, including the number of persons placed in employment through such services and the type of employment in which they are placed.
Employment of women. The Committee notes the information provided by the Government on legislative reform and policy initiatives undertaken to increase the participation of women in the labour market. The Maternity Benefit (Amendment) Act adopted in 2017 extended paid maternity leave from 12 weeks to 26 weeks and provides for mandatory crèche facilities in establishments with 50 or more employees. The 2019 Code on Wages prohibits gender discrimination in matters related to wages and recruitment of employees for the same work or work of a similar nature. Moreover, to enhance the employability of women, trainings are provided through a network of Women Industrial Training Institutes, National Vocational Training Institutes and Regional Vocational Training Institutes. As of July 2019, 3.1 million female jobseekers were registered in the NCS portal, with one NCS centre exclusively providing services to women with disabilities. In addition, a number of measures are being undertaken to promote women’s entrepreneurship, such as the provision of collateral-free concessional loans, the formation of cooperatives through self-help groups and the creation of online marketing platform. However, the Committee notes that a significant gap persists in labour participation rates between men (50.3 per cent) and women (15.0 per cent), as reflected in the 2018–19 PLFS report. Moreover, about four times more women work as helpers in household businesses (30.9 per cent) compared with men (7.6 per cent). The Committee further notes that, in its 2019 concluding observations in relation to India, the Committee on the Rights of Persons with Disabilities (CRPD) expressed concern about the multiple and intersecting discrimination faced by women and girls with disabilities, particularly those with intellectual or psychosocial disabilities and those living in rural areas (doc. CRPD/C/IND/CO/1, October 2019, paragraph 14(a)). The CRPD observed with concern that only 1.8 per cent of women with disabilities have access to employment (doc.CRPD/C/IND/CO/1, paragraph 56(a) and (c)). The Committee requests the Government to strengthen its efforts to increase the active participation of women in the labour market and their access to sustainable employment, particularly for those facing multiple and intersecting discrimination. It also requests the Government to provide information on any measures taken to raise awareness of the need for men and women to share family responsibilities, with a view to facilitating women’s access to the labour market. In this respect, the Government is requested to provide updated comprehensive information, including disaggregated statistical data, on the nature and impact of measures taken to promote women’s access to full, productive, freely chosen and lasting employment.
Formalization of informal workers. The Committee notes the information provided by the Government concerning the Pradhan Mantri Rojgar Protsahan Yojana Programme (PMRPY), launched in August 2016. The PMRPY provides incentives to employers for job creation and seeks to bring a large number of informal workers to the formal workforce. The PMRPY targets workers earning up to Rs. 15,000 per month. Under this scheme, the Government pays the employers’ full contribution of 12 per cent of new employees’ salary to the Employees’ Provident Fund and the Employee’s Pension Fund for a period of three years. As of 31 March 2019 (the deadline for registration of beneficiaries), 162,268 establishments and 12,753,284 employees had received benefits under this scheme. The Committee also notes that, according to the 2018–19 PLFS report, regular wage workers account for 23.8 per cent of the total working population compared to 22.8 per cent in 2017–18. However, it observes that there are still large numbers of workers engaged in non-regular work, including 48.2 per cent as own account workers, 9.2 per cent as helpers in family businesses and 28.3 in casual labour. The Committee requests the Government to indicate whether the PMRPY has continued to operate after 31 March 2019 and, if so, to provide updated information on its activities and impact. It also requests the Government to continue to provide detailed updated information on other measures taken or envisaged in this context and their impact on reducing informal employment.
Employment programmes targeting rural areas. The Committee previously requested the Government to provide information on the impact of the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), in enhancing job growth and sustainable employment in rural areas. The Government indicates that the MGNREGA provides more than one hundred days of guaranteed wage employment every financial year to each rural household whose adult members volunteer to do unskilled manual work. MGNREGA thereby provides livelihood security through a fall-back option for rural households when no better employment opportunities are available. The Committee notes the Government’s indication that the MGNREGA programme generated 2.34 billion total person-days in 2017–18 and 2.68 billion total person-days in 2018–19. The Committee also notes that, according to the 2018–19 PLFS report, only 13.4 per cent of workers in rural areas are engaged in regular employment, whereas 41.8 per cent are own account workers, 16.7 per cent are helpers in household businesses and 28.6 per cent are engaged in casual labour. The Committee requests the Government to continue to provide detailed updated information on the implementation of the MGNREGA and its impact. It also requests the Government to provide information on any measures taken or envisaged in order to provide full, productive and sustainable employment for rural households, including through vocational education and skills development as well as other employment services.

C141 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
In its previous comments, the Committee had requested the Government to provide its comments on the observations of the Palamoori Migrant Labour Union (PLMU) regarding the impact of the proposed labour law reform on the freedom of association of rural workers. The Committee notes the Government’s indication in its report that the draft Code on Industrial Relations Bill 2018 has been reviewed and modified in consultation with the social partners, including the Central Trade Union Organization (CTUO). The Committee requests the Government to provide a copy thereof once it has been adopted.
Article 3 of the Convention. Right of all categories of workers to establish and join organizations. Muster assistants (workers that provide water and medical facilities at rural worksites). The Committee has previously requested the Government to provide information on the number of organizations of muster assistants, as well as the number of workers covered. Noting the Government’s indication that it is still awaiting for the response from the relevant authorities, the Committee reiterates its request and expects that this information will be provided with the Government’s next report.
Forest and brick-making workers. The Committee had previously requested the Government to provide copies of any collective agreements which may have been concluded in the forest and brick-making sectors. The Committee takes due note of a code of conduct signed between the Labour Commissioner, the Government of Uttar Pradesh and representatives of the brick-making council and of collective agreements signed in the brick-making sector, as transmitted by the Government. The Committee requests the Government to provide examples of any collective agreements concluded in the forest sector.
Article 5. Elimination of obstacles to the establishment and growth of rural organizations. The Committee had previously noted that section 26 of the draft Labour Code on Industrial Relations provided that subscriptions payable by members of a trade union shall be, for trade unions of persons employed in agricultural operations or rural establishments or workers employed in establishments in the unorganized sector, not less than 6 Indian rupees per month per member. In this regard, the Committee had recalled that matters relating to internal administration should be left to the discretion of the members of workers’ organizations, without any interference by the public authorities, including the levying of union dues. The Committee had requested the Government to review draft section 26, in consultation with the social partners. Noting the draft Code on Industrial Relations Bill 2018 is still undergoing a review, the Committee expects that this provision will be amended, so as to take into account the abovementioned principle.

C144 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
The Committee notes the observations submitted by the Centre of Indian Trade Unions (CITU), received on 22 January 2019. The Government is requested to provide its comments in this respect.
Articles 2 and 5 of the Convention. Effective tripartite consultations. In its 2017 direct request, the Committee requested the Government to provide information on the content and outcome of the tripartite consultations held on the matters concerning international labour standards covered under Article 5(1) of the Convention. The Committee welcomes the detailed information supplied by the Government in its report regarding tripartite consultations held with the social partners from 2015 to 2018 on the matters covered by the Convention. The Government indicates that consultations were carried out with the social partners in writing on a number of questionnaires concerning items on the agenda of the International Labour Conference (Article 5(1)(a) of the Convention). Tripartite consultations were also held on 10 January 2017 in relation to the submission of the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204), and the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), pursuant to Article 5(1)(b). With regard to tripartite consultations concerning the possible ratification of ILO instruments, the Government indicates that the 38th Session of the Tripartite Committee on Conventions (CoC) was held on 10 January 2017, under the Chairmanship of the Secretary of the Ministry of Labour and Employment. Members of all central trade unions and employers’ organizations participated in these meetings along with representatives of state governments and central ministries (Article 5(1)(c)). The Committee notes with interest that, after agreement was reached in the CoC, the Government ratified the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182), on 13 June 2017, after modifying the Child Labour (Prohibition & Regulation) Act, 1986, (Article 5(1)(c)). The Government also provides information on tripartite consultations held through 2017 on reports to be made to the ILO in relation to Article 22 reports (Article 5(1)(d)), as well as on consultations held during the reporting period on the abrogation and withdrawal of certain instruments. The Committee notes that, in its observations, the CITU maintains that the Government has failed to comply with its obligations pursuant to the Convention. The CITU observes that the Indian Labour Conference, a tripartite structure at the national level, had previously been held annually, with a tripartite standing committee meeting in between the ILCs. The Government has not held the 47th Indian Labour Conference despite calls from the central trade union organizations to do so. The CITU also alleges that the Government has failed to implement important decisions unanimously adopted in the 44th, 45th and 46th Indian Labour Conferences. With regard to the ratification and implementation of ILO Conventions and Recommendations, the CITU observes that meetings of the CoC were previously held twice a year, but no meetings have been held since 10 January 2017 and decisions reached in the meeting have not been implemented. The organization adds that, at the last CoC meeting, the Labour Secretary undertook to continue to hold meetings of the CoC at least twice a year, but no further meetings have been called. The Committee recalls that Article 5(2) of the Convention states that, in order to ensure adequate consideration of the matters referred to in Article 5(1), consultation shall be undertaken at appropriate intervals fixed by agreement, but at least once a year. The Committee requests the Government to continue providing detailed up-to-date information on the frequency, content and results of the tripartite consultations held on all the issues relating to international labour standards covered by the Convention. It further requests the Government to indicate the manner in which account is taken of the positions expressed by the representative organizations on the functioning of the consultation procedures required by the Convention.

MLC, 2006 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers’ Federation (ITF) and the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and 4 October 2021, alleging that ratifying States have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments on the General Report of 2021 on this issue.
The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006 (MLC, 2006). It further notes that the Government previously ratified three maritime labour Conventions which have been denounced following the entry into force of the MLC, 2006, for India. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 entered into force for India on 23 January 2019. The Committee notes the observations of the Forward Seamen’s Union of India, received by the Office on 23 January 2017. The Committee notes the efforts undertaken by the Government and the social partners to implement the Convention. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.
Article I. General questions on application. Implementing measures. The Committee notes that the Government provides three Industry Agreements which are in force for the period 2015–19. The Committee notes that these agreements are applicable respectively to Off Shore, Home Trade and Foreign going Ratings and Petty Officers. For the determination of their scope of application, they refer to “seamen engaged on Offshore Indian Articles of Agreement” or to “seamen engaged on Home Trade Indian Articles of Agreement”. The Committee requests the Government to provide, in relation with the implementation of the MLC, 2006, more detailed information on the scope of application of these three Industry Agreements.
Article III. Fundamental rights and principles. The Committee notes that the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), have not been ratified by India. In accordance with its approach followed when a country has not ratified some or all of the ILO fundamental Conventions and thereby is not subject to supervision in respect of these fundamental Conventions, the Committee expects to receive concrete information on how the country or territory has satisfied itself that its laws and regulations respect, in the context of the MLC, 2006, the fundamental rights referred to in Article III. The Committee notes that, while the Government refers to an established practice that collective bargaining between the stakeholders is given due recognition, it has not provided any explanation on how effect is given, in the context of the Convention, to the fundamental rights to freedom of association and the effective recognition of the right to collective bargaining. The Committee requests the Government to provide further information on how it has satisfied itself that its laws and regulations, in the context of the MLC, 2006, respect these fundamental rights.
Article II, paragraphs 1(f) and 2. Definitions and scope of application. Seafarers. The Committee notes that MS Notice No. 5 of 2017, paragraph 3, provides that the provisions of MLC, 2006, as enshrined in the Merchant Shipping (Maritime Labour) Rules, 2016, shall be applicable to trainees and cadets as for other seafarers. The Government indicates in its report that, after extensive consultation with the shipowners and seafarers, it was clarified that the trainee is a seafarer. However, the Committee notes that under paragraph 4 of MS Notice No. 5 of 2017, relaxation with the respect of some provisions of the Merchant Shipping (Maritime Labour) Rules, 2016, has been granted with respect to trainees and cadets concerning the maximum duration of service on board to which the seafarers shall be entitled for repatriation and social security measures. The Committee notes that according to the Rules, all other provisions of the Convention, as enshrined in the Merchant Shipping (Maritime Labour) Rules, 2016, shall apply with respect to trainees/cadets. The Committee further notes that paragraph 3 of MS Notice No. 8 of 2017 provides that “the matter has been further examined and it is observed that trainees/cadets are not covered in the prevailing collective bargaining agreements. It is therefore clarified that trainees/cadets are exempted from the provision of implementation of the Merchant Shipping (Maritime Labour) Rules, 2016, in respect of payment of wages applicable for other seafarers under prevailing CBA”. The Committee notes that, while considering that trainees and cadets are seafarers, the Government has decided to provide them with a different level of protection regarding the maximum period of service on board, social security and wages. The Committee recalls that it considers, from the combined reading of Standard A2.4, paragraph 3, on annual leave and Standard A2.5, paragraph 2(b), on repatriation, that the maximum continuous period of shipboard service without leave is 11 months. The Committee further recalls that Standard A2.4, paragraph 3, provides that any agreement to forgo minimum annual leave with pay shall be prohibited, except in cases provided for by the competent authority. The Committee considers that this provision needs to be understood in a restrictive manner. Recalling the fundamental importance of paid annual leave to protect the health and well-being of seafarers and to prevent fatigue, the Committee requests the Government to provide information on the specific exception provided for the trainees and the cadets and to indicate the maximum period of service on board following which they shall be entitled to annual leave. Concerning the social security protection and the wages of the trainees and the cadets, the Committee recalls that Article VI, paragraphs 3 and 4, of the Convention, allows a Member which is not in a position to implement the rights and principles in the manner set out in Part A of the Code (Standards), unless expressly provided otherwise in the Convention, to implement Part A through provisions in its laws and regulations or other measures which are substantially equivalent to the provisions of Part A. It recalls that any law, regulation, collective agreement or other implementing measure shall be considered to be substantially equivalent, in the context of the Convention, if the Member satisfies itself that: (a) it is conducive to the full achievement of the general object and purpose of the provision or provisions of Part A of the Code concerned; and (b) it gives effect to the provision or provisions of Part A of the Code concerned. The Committee recalls that any substantial equivalences that have been adopted must be stated in Part I of the Declaration of Maritime Labour Compliance (DMLC) that is to be carried on board ships that have been certified. The Committee requests the Government to confirm if it has decided to adopt measures which are substantially equivalent regarding trainees and cadets, and to provide detailed information on how the measures adopted conduce to the full achievement of the general object and purpose of the provisions of Part A of the Code concerned and how they give effect to this provision or these provisions.
Regulation 1.4 and Standard A1.4, paragraph 5. Recruitment and placement. System of protection. The Committee notes that Rule 5(g) of the Merchant Shipping (Recruitment and Placement of Seafarers) Rules, 2016, provides that the recruitment and placement services provider shall establish a system of protection, by way of a bank guarantee to compensate seafarers for any monetary loss that they may incur as a result of the failure of a recruitment and placement service and the relevant shipowner under the seafarers’ employment agreement to meet his/her obligation to them. The Committee notes however that when providing details about the amount of the bank guarantee, Rule 15 of the above-mentioned Rules refers only to seafarers who are placed on foreign flag ships. The Committee requests the Government to clarify whether the system of protection established to give effect to Standard A1.4, paragraph V(vi), of the Convention also applies to seafarers who are placed on Indian flag ships and to indicate the relevant national provisions.
Regulation 1.4, paragraph 3, and Standard A1.4, paragraphs 9 and 10. Recruitment and placement. Services based in countries in which the Convention does not apply. The Committee notes that the Government has not provided information on the measures taken to require that shipowners of ships flying the Indian flag who use recruitment and placement services which operate in countries that have not ratified the Convention, ensure, as far as practicable, that those services meet the requirements of the Convention. The Committee therefore requests the Government to explain how it gives effect to Regulation 1.4, paragraph 3, and Standard A1.4, paragraphs 9 and 10, of the Convention.
Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreement. Termination. Shorter notice period for urgent reasons. The Committee notes that Rule 8(7) of the Merchant Shipping (Maritime Labour Rules), 2016, provides that a period of notice shorter than the minimum period may be given in circumstances which are recognized “under the applicable collective bargaining agreements” as justifying termination of the employment agreement at shorter notice or without notice. In determining these circumstances, it shall be ensured by the shipowner that the need of the seafarer to terminate, without penalty, the employment agreement on shorter notice or without notice for compassionate or other urgent reasons is taken into account. Noting that the Industry Agreements provided by the Government do not contain provisions on the compassionate or other urgent reasons which justify a shorter notice period, the Committee requests the Government to provide further information on how those circumstances are determined in practice in order to ensure full compliance with Standard A2.1, paragraph 6.
Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreement. Record of employment. The Committee notes that Rule 8(1)(e) of Merchant Shipping (Maritime Labour) Rules, 2016, provides that at the end of, or termination of, contract, every seafarer’s continuous discharge certificate shall be endorsed with a record of employment on board the ship. The Committee notes that the Merchant Shipping (Maritime Labour) Rules, 2016, do not require, as Standard A2.1, paragraph 3, of the Convention, that the record of employment shall not contain any statement as to the quality of the seafarers’ work or as to their wages. The Committee requests the Government to indicate how full effect is given to Standard A2.1, paragraph 3, by ensuring that records of employment do not contain any statement as to the quality of the seafarers’ work or as to their wages. The Committee further requests the Government to provide an example of the approved document for seafarers’ records of employment.
Regulation 2.2 and Standard A2.2, paragraph 6. Wages. The Committee notes the observations submitted by the Forward Seaman’s Union of India (FSU), received by the Office on 23 January 2017 alleging that shipowners of Indian-registered ships have entered into an “urgent wage agreement” with one trade union, on 2 April 2016, disregarding the Merchant Shipping Maritime (Labour) Rules, 2016, and the amount of the minimum wage set by the Joint Maritime Commission. The FSU refers to Rule 9(5) of the Merchant Shipping (Maritime Labour) Rules, 2016, which provides that the wages included in the collective bargaining agreement or the seafarers’ employment agreement shall be in accordance with the guidelines as laid down in the MLC, 2006. For the FSU, this includes Guideline B2.2.4, according to which the basic pay or wages for a calendar month of service for an able seafarer should be no less than the amount periodically set by the Joint Maritime Commission or another body authorized by the Governing Body of the International Labour Office. The FSU further explains that the basic payment of the Able Seamen of Indian ships are fixed at US$105, whereas the minimum wages as per the Joint Maritime Commission is US$614 for the period 2016–18. The Committee notes that the Government, in its reply received on 26 November 2018, confirms that Rule 9(5) of the Merchant Shipping (Maritime Labour) Rules, 2016, refers to the Guidelines of the MLC, 2006, and that though these guidelines are generally recommendatory in nature, India has adopted those Guidelines for implementation. The Government further states that according to its reading of the Guidelines, if there is an agreement between the shipowners’ association and the seafarers’ union, the agreed wage would prevail over the international minimum wage. The Government adds that in a meeting held with relevant stakeholders to discuss this issue, shipowners’ expressed their inability to pay the minimum wage set by the Joint Maritime Commission. It further informs that the minimum wage has traditionally been agreed by the Indian National Shipowners’ Association (INSA), the most representative shipowners’ organization in the country, and the National Seafarers’ Union of India and another trade union based in Kolkata. Following the complaint made by the FSU, the Government has requested the relevant authority to provide an updated list of seafarers’ trade unions along with their number of affiliates so that they can determine what is the union representing the majority of seafarers. It concludes, indicating that upon receipt of those numbers, an alternative mechanism for entering into the wage agreement can be worked out. The Committee requests the Government to provide information on the development of the situation and on any mechanisms put in place to deal with the minimum wage issues. The Committee also requests the Government to indicate how Guideline B2.2 of the Convention (calculation and payment of wages; minimum wage and minimum monthly basic pay or wage figure for able seafarers) has been given mandatory force in Indian legislation.
Regulation 2.4 and Standard A2.4, paragraph 3. Entitlement to leave. Prohibition of agreements to forgo annual leave. The Committee notes that Rule 11(2) of the Merchant Shipping (Maritime Labour) Rules, 2016, provides that any agreement to forgo the minimum annual leave with pay, except in cases provided for by the Director-General of Shipping, shall be prohibited, as it is required under Standard A2.4, paragraph 3, of the Convention. The Committee recalls that it considers that the possibility to authorize exceptions to the prohibition of agreements to forgo minimum annual leave needs to be understood in a restrictive manner. In contrast, to read in this Standard a broad authorization to forgo annual leave for cash compensation or otherwise, would defeat the purpose of Regulation 2.4, which is to ensure that seafarers have adequate leave. The Committee requests the Government to provide detailed information on the authorized exceptions that have been granted by the Director-General of Shipping under Standard A2.4, and the ground for such authorizations.
Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs. The Committee notes that Rule 12(4) of the Merchant Shipping (Maritime Labour) Rules, 2016, provides that the shipowner shall not make any provision requiring seafarers to make an advance payment towards the cost of repatriation at the beginning of their employment, and also from recovering the cost of repatriation from the wages of seafarers or other entitlements except where the seafarer has been found, as per the applicable collective bargaining agreements, to be “in default” of the seafarer’s employment obligations. The Committee recalls that under Standard A2.5.1, paragraph 3, each Member shall prohibit shipowners from recovering the cost of repatriation from the seafarers’ wages or other entitlements except where the seafarer has been found, in accordance with national laws or regulations or other measures or applicable collective bargaining agreements, to be in “serious default” of the seafarer’s employment obligations. Noting that the national legislation refers to the situation of “default” and not “serious default” as required by the Convention, the Committee requests the Government to indicate the measures taken to give full effect to Standard A2.5.1, paragraph 3, of the Convention. It further requests the Government to provide information on the procedure to be followed and the standard of proof to be applied before any seafarer covered by the Convention can be found to be in “serious default of the seafarers employment obligations”.
Regulation 2.5 and Standard A2.5.1, paragraph 2(c). Repatriation. Entitlements. The Committee notes that Rule 12(3) of the Merchant Shipping (Maritime Labour) Rules, 2016, provides that “the shipowner shall ensure that there are appropriate provisions in collective bargaining agreements, specifying the circumstances in which seafarers are entitled to repatriation; the maximum duration of service periods on board following which a seafarer is entitled to repatriation – which shall be less than 12 months; and the precise entitlements to be accorded by shipowners for repatriation, including those relating to the destinations of repatriation, the mode of transport, the items of expense to be covered and other arrangements to be made by shipowners”. The Committee recalls that Standard A2.5.1, paragraph 2, requires each Member to ensure that there are appropriate provisions on these issues in its laws and regulations or other measures or in collective bargaining agreements. The Committee requests the Government to provide a copy of all applicable collective agreements indicating the relevant provisions which are giving effect to Standard A2.5.1, paragraph 2.
Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. In this regard, the Committee takes note that the Merchant Shipping (Maritime Labour) Rules, 2016, are giving effect to the 2014 amendments. The Committee brings the Government’s attention to the following questions included in the revised report form for the Convention: (a) does national legislation require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment? (If yes, specify if the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned); (b) has your country received requests to facilitate repatriation of a seafarer? (If yes, how did your country respond?); (c) what are the circumstances under which a seafarer is considered abandoned according to national legislation?; (d) does national legislation provide that ships that need to be certified according to Regulation 5.1.3, must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (If yes, please specify if the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (e) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements, all expenses incurred by the seafarer (including the cost of repatriation), and the essential needs of the seafarers, as defined in Standard A2.5.2, paragraph 9?; and (f) does national legislation provide for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee requests the Government to reply to the above-mentioned questions and to indicate in each case the applicable national provisions.
Regulation 2.6 and Standard A2.6, paragraph 1. Compensation for the ship’s loss or foundering. Unemployment indemnity. The Committee notes that Rule 13 of the Merchant Shipping (Maritime Labour) Rules, 2016, provides that the shipowner shall ensure that, in every case of loss or foundering of any ship, the shipowner shall pay to each seafarer on board an indemnity against unemployment resulting from such loss or foundering which shall be specified in the collective bargaining agreement. The Committee requests the Government to provide any stipulation of the collective bargaining agreements in force that specify the amount of the indemnity against unemployment resulting from a ship’s loss or foundering. The Committee further requests the Government to indicate how due consideration has been given to Guideline B2.6.1 regarding the calculation of the indemnity against unemployment.
Regulation 3.1 and Standard A3.1, paragraph 3. Accommodation and recreational facilities. Flag State inspections. The Committee notes that Rule 6(2) of the Merchant Shipping (Seafarers’ Accommodation) Rules, 2016, provides that the seafarer’s accommodation facilities and its maintenance on a ship shall be verified during the initial, intermediate, renewal and additional surveys associated with the maritime labour certificate and declaration of maritime labour compliance. The Committee recalls that every ship, within the meaning of the Convention shall be inspected and not only ships to which a maritime labour certificate and a declaration of maritime labour compliance shall be issued. According to Standard A3.1, paragraph 3, of the Convention, the inspections required under Regulation 5.1.4 shall be carried out when: (a) a ship is registered or re registered; or (b) the seafarer accommodation on a ship has been substantially altered. The Committee requests the Government to indicate if every ship, within the meaning of the MLC, 2006, shall be inspected as provided by Standard A3.1, paragraph 3.
Regulation 3.1 and Standard A3.1. Accommodation and recreational facilities. Exemptions. The Committee notes that the Merchant Shipping (Seafarers Accommodation) Rules, 2016, provide that the provisions of these Rules “shall not apply to any ship plying in voyages within territorial waters, the seafarers of which are not required to stay on board overnight for periods exceeding eight hours”. They further provide that the Director-General may accept equivalent arrangements on a ship or deviations from the requirements specified in these Rules, when such deviations can be clearly justified, subject to protecting the seafarers’ living conditions, health and safety. The Committee recalls that Standard A3.1, paragraph 21, of the Convention provides that any exemptions with respect to the requirements of this Standard may be made “only where they are expressly permitted in this Standard” and only for particular circumstances in which such exemptions can be clearly justified on strong grounds and subject to protecting the seafarers’ health and safety. The Committee requests the Government to indicate how it ensures that exemptions are limited to those expressly permitted by the Convention and to provide detailed information on the exemptions granted.
Regulation 4.1 and the Code. Medical care ashore. The Committee notes that Rule 18 of the Merchant Shipping (Maritime Labour) Rules, 2016, contains provisions on the shipowners’ responsibilities regarding medical care on board but does not regulate India’s obligation, as a coastal State, to ensure that seafarers on board ships in its territory who are in need of immediate medical care are given access to its medical facilities on shore (Regulation 4.1, paragraph 3). There seems to be no provision prescribing that the “competent authority” shall ensure by a prearranged system that medical advice by radio or satellite communication to ships at sea, including specialist advice, is available 24 hours a day and that medical advice, including the onward transmission of medical messages by radio or satellite communication between a ship and those ashore giving the advice, “shall be available free of charge to all ships irrespective of the flag that they fly” (Standard A4.1, paragraph 4(d)). The Committee requests the Government to provide detailed information on how effect is given to Regulation 4.1, paragraph 3, and to Standard A4.1, paragraph 4(d).
Regulation 4.1 and Standard A4.1, paragraphs 2 and 4(1). Standard medical report form. Medicine chest, medical equipment and medical guide. The Committee notes that Rule 18(2) of the Merchant Shipping (Maritime Labour) Rules, 2016, provides that “the shipowner” shall adopt a standard medical report form for use by the masters of the ship and relevant onshore and on-board medical personnel as specified by the Director-General of Shipping and the form when completed, its contents shall be kept confidential and shall only be used to facilitate the treatment of seafarers. Recalling that Standard A4.1, paragraph 3, provides that the “competent authority” shall adopt a standard medical report form, the Committee requests to indicate whether such report form has been adopted.
Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. In this regard, the Committee takes note that the Merchant Shipping (Maritime Labour) Rules, 2016, are giving effect to the 2014 amendments. The Committee brings the Government’s attention to the following questions included in the revised report form for the Convention: (a) what is the form taken by the system of financial security and was it determined after consultation with the shipowners’ and seafarers’ organizations concerned?; (b) how national laws and regulations ensure that the system of financial security meets the following minimum requirements: (i) payment of compensation in full and without delay; (ii) no pressure to accept payment less than the contractual amount; (iii) interim payments (while the situation is being assessed) to avoid undue hardship; (iv) offsetting payment against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident; and (v) persons who can bring the claim for contractual compensation (seafarer, her/his next of kin, representative or designated beneficiary); (c) does national legislation provide that ships must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (If yes, please specify if the certificate or other documentary evidence has to contain the information required in Appendix A4-I, be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (d) does national legislation provide: (i) for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease; (ii) that the competent authority is notified by the financial security provider if a shipowner’s financial security is cancelled or terminated; and (iii) that seafarers receive prior notification if a shipowner’s financial security is to be cancelled or terminated?; and (e) how does national legislation ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures? The Committee requests the Government to reply to the above mentioned questions, indicating in each case the applicable national provisions.
Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes that the Government’s report, as well as the examples of DMLC, Part I and Part II submitted with the report, refer to Rule 20 of the Merchant Shipping (Maritime Labour) Rules, 2016, which provides that the Director-General of Shipping may specify separate guidelines from time to time, for the management of occupational safety and protection of health on board the ships. The Committee notes however that such guidelines do not seem to have been adopted yet. The Committee recalls that member States shall develop and promulgate national guidelines for the management of occupational safety and health on board ships that fly its flag, after consultation with representative shipowners’ and seafarers’ organizations and taking into account applicable codes, guidelines and standards recommended by international organizations, national administrations and maritime industry organizations (Regulation 4.3, paragraph 2). The Committee further recalls that members shall adopt laws and regulations and other measures addressing the matters specified in the Code, taking into account relevant international instruments, and set standards for occupational safety and health protection and accident prevention on ships that fly its flag (Regulation 4.3, paragraph 3). The Committee requests the Government to indicate the laws, regulations and guidelines adopted to give effect to Regulation 4.3 and Standard A4.3.
Regulation 4.5 and the Code. Social security. The Committee notes that, at the time of ratification, in accordance with paragraphs 2 and 10 of Standard A4.5, the Government specified the following branches of social security: maternity benefit; invalidity benefit and survivors’ benefit. Noting that the Government indicates that discussions are taking place on the possibility to extend the social security protection for seafarers to other social security branches (old-age benefit, family benefit), not specified at the time of ratification, the Committee requests the Government to provide information on any developments on this issue in accordance with Regulation 4.5, paragraph 2, and Standard A4.5, paragraph 11).
The Committee notes that, according to the information provided by the Government for the three branches specified, social security coverage is not available to all seafarers ordinarily resident in India, but only to Indian seafarers, holding CDC Book, and who are recruited/engaged by the Indian shipowners or through registered Recruitment and Placement Services, for Indian or foreign flag ships. The Committee recalls that under Standard A4.5, paragraph 3, each Member shall take steps to provide the complementary social security protection referred to in paragraph 1 of the Standard to all seafarers ordinarily resident in its territory, regardless of their nationality or of the flag of the ships they work on. Noting that the Government in its report has not indicated whether seafarers are residents or otherwise domiciled in the territory, the Committee requests the Government to provide information on the measures taken to ensure that all seafarers ordinarily resident in India are granted social security coverage in the branches specified, which is no less favourable than that enjoyed by shore workers resident in India, in conformity with Regulation 4.5 of the Convention. The Committee recalls that this responsibility could be satisfied, for example, through appropriate bilateral or multilateral agreements (Standard A4.5, paragraph 3).
Regulation 5.1.1 and Standard A5.1.1, paragraph 2. Flag State responsibilities. General principles. Copy of the MLC, 2006 on board. The Committee notes that the Annexure III of the MS Notice No. 16 of 2016 provides a checklist for inspections which indicates that the inspectors shall control that a copy of the MLC, 2006, is available on board. The Committee notes that the MS Notice No. 9 of 2017, which is applicable to ships of less than 500 gross tonnage, does not include the same requirements. Recalling that pursuant to Standard A5.1.1, paragraph 2, each Member shall require all ships that fly its flag to have a copy of the Convention available on board, the Committee requests the Government to indicate how it ensures compliance with this requirement of the Convention.
Regulation 5.1.2 and the Code. Flag State responsibilities. Authorization of recognized organizations. The Committee notes the Government’s indication that inspection under the MLC, 2006, has been delegated to recognized organizations. The Committee notes however that the Government has not provided further information on the measures taken to give effect to Regulation 5.1.2. In particular, the Committee recalls that Standard A5.1.2 provides that the competent authority shall review the competency and independence of the organization to be recognized (paragraph 1) and establish a system to ensure the adequacy of work performed by recognized organizations (paragraph 3(a)), as well as procedures for communication with and oversight of such organizations (paragraph 3(b)). The Committee also recalls that any authorizations granted with respect to inspections shall, as a minimum, empower the recognized organization to require the rectification of deficiencies that it identifies in seafarers’ working and living conditions and to carry out inspections in this regard at the request of a port State (paragraph 2). The Committee requests the Government to indicate the measures taken to give effect to these requirements of Standard A5.1.2, and to provide an example or examples of authorizations given to recognized organizations.
Regulation 5.1.3 and Standard A5.1.3, paragraph 12. Flag State responsibilities. Maritime labour certificate and declaration of maritime labour compliance. Documents on board. The Committee notes that section 176A of the Merchant Shipping Act, 1958, provides that the shipping master, surveyor, seamen’s welfare officer, port health officer, Indian consular officer, or any other officer at any port duly authorized in this behalf by the Central Government, may inspect any ship, in such manner as may be prescribed, and the master of the ship or any person having charge over the ship shall make available to such inspecting officer, the maritime labour certificate and the declaration of maritime labour compliance. The Committee recalls that Standard A5.1.3, paragraph 12, provides that a current valid maritime labour certificate and declaration of maritime labour compliance shall be carried on the ship and a copy shall be posted in a conspicuous place on board where it is available to the seafarers. A copy shall be made available in accordance with national laws and regulations, upon request, to seafarers, flag State inspectors, authorized officers in port States, and shipowners’ and seafarers’ representatives. The Committee requests the Government to indicate how effect is given to this provision.
Regulation 5.1.3 and Standard A5.1.3, paragraphs 14 and 15. Flag State responsibilities. End of validity of the maritime labour certificate and the declaration of maritime labour compliance. The Committee notes that the Government has not indicated any relevant provision establishing the circumstances in which a maritime labour certificate ceases to be valid and the circumstances in which a maritime labour certificate must be withdrawn (Standard A5.1.3, paragraphs 14–17). The Committee therefore requests the Government to indicate how it gives effect to these requirements of the Convention.
Regulation 5.1.5 and Standard A5.1.5, paragraph 3. Flag State responsibilities. On-board complaint procedures. Victimization. The Committee notes the Government’s indication that Rule 28(2) of Merchant Shipping (Maritime Labour) Rules, 2016, is the legal provision under which victimization of seafarers for filing a complaint is prohibited and penalized in India. However, the Committee notes that this Rule deals with the on shore complaint-handling procedures and does not seem to apply to on-board complaints. The Committee requests the Government to provide information on how effect is given to Standard A5.1.5, paragraph 3, according to which the on-board complaint procedures shall include safeguards against the possibility of victimization of seafarers for filing complaints. The Committee also requests the Government to indicate the applicable national provisions which require that a copy of the on-board complaint procedures applicable on the ship is provided to the seafarers (Standard A5.1.5, paragraph 4).
Regulation 5.1.6. Flag State responsibilities. Marine casualties. The Committee notes that section 358 of the Merchant Shipping Act, 1958, provides that a shipping casualty shall be deemed to occur when any loss of life ensues by reason of any casualty happening to or on board any ship on or near the coast of India. The Committee recalls that Regulation 5.1.6, paragraph 1, provides that each Member shall hold an official inquiry into any serious marine casualty, leading to “injury or loss of life”, that involves a ship that flies its flag. The Committee requests the Government to provide information on how it ensures that an official inquiry is carried out in any serious marine casualty, leading to injury and not only in cases of loss of life.
Regulation 5.2.1 and the Code. Port State responsibilities. Inspections in port. The Committee notes that under Rule 27 of the Merchant Shipping (Maritime Labour) Rules, 2016, the Director-General of Shipping shall establish the procedure for inspection as required under the Convention for fulfilling its port State responsibilities. The Committee requests the Government to provide detailed information on how full effect is given to Standard A5.2.1, including any national guidelines issued to inspectors in implementation of Standard A5.2.1, paragraph 7.
Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. The Committee notes that Rule 28 of the Merchant Shipping (Maritime Labour) Rules, 2016, provides that an on shore complaint redress procedure shall be followed in all Indian ports as specified by the Director-General of Shipping, in consultation with the shipowners’ and seafarers’ organizations concerned, who are parties to the Collective Bargaining Agreement as reflected in the seafarers employment agreement, where applicable. The Committee also notes that the MS Notice No. 3 of 2013 establishes a relevant grievance redress mechanism but only for Indian seafarers. The Committee requests the Government to indicate how full effect is given to Regulation 5.2.2 and Standard A5.2.2.
Statistical information. Noting that some required statistical information has not been provided in the report, the Committee requests the Government to provide clear and detailed information regarding: (a) the number of seafarers who are working on national flag ships, distinguishing those who are engaged or not engaged in international voyages (or voyages between ports in other countries); (b) the number of seafarers who are nationals or residents or otherwise domiciled in the territory; and (c) the number of foreign seafarers who are working on Indian flag ships.

Adopted by the CEACR in 2020

C100 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 1(a) of the Convention. Definition of remuneration. The Committee notes, from the Government’s report, that the Code on Wages was adopted and enacted in 2019, and replaced the Equal Remuneration Act (ERA), 1976, the Payment of Wages Act, 1936, the Minimum Wages Act, 1948 and the Payment of Bonus Act, 1965. The Committee notes that under section 2(y) of the Code, the term “wages” is defined as “all remuneration whether by way of salaries, allowances or otherwise, expressed in terms of money or capable of being so expressed which would be, if the terms of employment, express or implied, were fulfilled, payable to a person employed in respect of his employment or of work done in such employment, and includes his basic pay, dearness allowances, and retaining allowance, if any”. The Committee further notes that for the application of the principle of equal wages between men and women contained in section 3 of the Code, the term “wages” also includes: the conveyance allowances or the value of any travelling concession, house rent allowance, remuneration payable under any award or settlement between the parties or order of a court or Tribunal, and any overtime allowance (section 2(y) subsection (d), (f), (g) and (h)). However, the Code explicitly excludes from the definition of “wages” other emoluments such as bonuses, contribution paid by the employer to any pension fund, or any gratuity payable on the termination of employment. The Committee recalls that Article 1(a) of the Convention sets out a very broad definition of “remuneration” which includes not only “the ordinary, basic or minimum wage or salary” but also “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment”. “Remuneration” under the Convention includes wage differentials or increments, cost-of-living allowances, dependency allowances, travel allowances or expenses, housing and residential allowances. It also includes benefits in kind such as the provision of accommodation or food, and it includes all allowances paid under social security schemes financed by the undertaking or industry concerned (see General Survey of 2012 on the fundamental Conventions, paragraphs 686–692). The Committee therefore asks the Government to consider amending the definition of “wages” contained in section 2(y) of the Code on Wages, in order to allow for a broad definition, including any additional emoluments whatsoever, as provided for in Article 1(a) of the Convention.
Article 1(b). Equal remuneration for work of equal value. Legislation.  For a number of years, the Committee has been pointing out the more limited nature of the provisions of the Constitution of India (Article 39(d)) and the ERA (sections 2(h) and 4), when compared to the principle of equal remuneration for men and women for work of equal value as set out in the Convention. In particular, under the above legislative provisions, the principle of equal remuneration is applied to “work of a similar nature” rather than “work of equal value”. In its previous comment, the Committee noted that the Government was in the process of consolidating its labour legislation in four codes, including a Wages Code, which would cover some of the matters addressed in the ERA, and it asked the Government to make use of this opportunity to ensure that the principle of the Convention was fully reflected in the legislation. The Committee notes that section 3(1) of the Code on Wages prohibits “discrimination in an establishment or any unit thereof among employees on the ground of gender in matters relating to wages by the same employer, in respect of the same work or work of a similar nature done by any employee”. Under section 4, any dispute as to whether a work is of the same or a similar nature will be decided by such authority as the Government designates. The Committee notes, with concern, that section 2(v) defines “same work or work of a similar nature”, in the same limited wording as the ERA did, as “work in respect of which the skill, effort, experience and responsibility required are the same, when performed under similar working conditions by employees and the difference if any, between the skill, effort, experience and responsibility required for employees of any gender, are not of practical importance in relation to the terms and conditions of employment”. It notes that the Government considers this definition to be equivalent to the concept of “work of equal value”. However, the Committee is of the view that this definition is more limited than the concept of “work of equal value” enshrined in the Convention. Indeed, when determining whether two jobs are of equal value, the overall value of the jobs is to be considered. In this regard, the Committee recalls that the definition should permit a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompassing work that is of an entirely different nature, which is nevertheless of equal value. Comparing the relative value of jobs in occupations which may involve different types of skills, responsibilities or working conditions, but which are nevertheless of equal value overall, is essential in order to eliminate pay discrimination resulting from the failure to recognize the value of work performed by women and men free from gender bias (see the General Survey of 2012, paragraphs 673–675). The Committee also draws the Government’s attention to the fact that the Convention includes, but does not limit application of the principle of equal remuneration for work of equal value to men and women “in the same workplace”, and provides that this principle should be applied across different enterprises to allow for a much broader comparison to be made between jobs performed by women and men. The Convention thus calls for the reach of comparison between jobs performed by men and women to be as wide as possible in the context of the level at which wage policies, systems and structures are coordinated (General Survey of 2012, paragraphs 697 and 698). Recalling that it has been raising this issue since 2002, the Committee urges the Government to take the necessary steps to ensure that: (i) the Code on Wages is amended to give full expression to the principle of equal remuneration for men and women for work of equal value as enshrined in the Convention; and (ii) it is not restricted to workers within the same workplace but applies across different enterprises and sectors. It also asks the Government to provide information on the application in practice of section 3 of the Code on Wages and to indicate the authority which is competent to handle disputes under section 4.
The Committee is raising other matters in a request addressed directly to the Government.

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the observations of the Food Corporation of India Handling-Workers’ Union (FCIHWU), received on 29 June 2018, and the Government’s reply. The Committee notes that the FCIHWU alleges that workers employed by one of the biggest Government entities under the “No Work No Pay” system do not receive equal remuneration for equal work compared to workers under the “Direct Payment System”. The Committee notes the Government’s reply that this issue falls outside the ambit of the Convention, as it does not relate to a question of discrimination of remuneration between men and women. In this regard, the Committee recalls that the Convention aims to guarantee equal remuneration for work of equal value for men and women. Therefore, in order to assess whether the issue raised by the FCIHWU is one of direct or indirect discrimination in remuneration on the basis of sex, the Committee asks the Government to provide information, disaggregated by gender, on the number of men and women engaged by Government entities under the “No Work No Pay” system and under the “Direct Payment System”.
Articles 1 and 2 of the Convention. Assessing and addressing the gender pay gap and its underlying causes.  The Committee notes the Government’s information in its report on the Occupational Wage Survey in the service, plantation, mining and manufacturing industries, which was undertaken by the Ministry of Labour and Employment in 2016. From the data collected, the Committee notes that in nearly all the industries referred to, the average daily earnings of men are higher than those of women. In the synthetic textile industry, women can earn up to 41 per cent less on average than men. The Committee also notes that workers in industries where a majority of women are employed earn less on average than those in which a majority of men work. For example, women are more numerous in tea plantations, where the average daily earnings are INR 159 for men and INR 151 for women. In rubber plantations, where men represent more than half the workforce, the average daily earnings are INR 448 for men and INR 410 for women. The Committee notes that similar differences can be observed in the textile industry. Recalling that the V.V. Giri National Labour Institute (VVGNLI) was undertaking research on the gender pay gap, the Committee notes the Government’s indication that the study has not yet been completed. The Committee once again asks the Government to provide the results of the research undertaken by the VVGNLI on the causes of the gender pay gap once they are available and to indicate the follow-up measures taken or envisaged in cooperation with workers’ and employers’ organizations, including with regard to workers in rural areas and in the informal economy. The Committee also asks the Government to: (i) continue providing statistical information, disaggregated by sex, on the distribution of men and women in the different sectors and occupations and their corresponding earnings; and (ii) adopt specific measures to ensure the application in practice of the principle of the Convention to all workers, including men and women in the informal economy. The Committee finally requests the Government to provide information on the impact of these measures in terms of reducing remuneration differentials between men and women.
Article 2. Minimum wages.  The Committee previously noted that, given the over-representation of women in low-paying jobs, extending the legal coverage of minimum wages beyond workers in “scheduled occupations” may contribute significantly to addressing inequalities. The Committee recalls that the Government was elaborating a bill to extend the scope of application of the Minimum Wages Act, 1948, to all employment and to make the “national floor level minimum wage” (NFLMW) statutory, including for unskilled workers. The Committee welcomes the adoption and enactment in 2019 of the Code on Wages, replacing the Minimum Wages Act. It notes that under section 6 of the Code on Wages, “no employer shall pay to any employee wages less than the minimum rate of wages notified by the appropriate Government”. The Committee notes that section 9 of the Code on Wages empowers the Central Government to fix the floor minimum wage, taking into account the living standards of a worker, provided it may be fixed differently for different geographical locations. The Committee asks the Government to: (i) indicate whether section 6 of the Code on Wages allows for the fixing of minimum wages for all employment and not only for “scheduled occupations”, as under the Minimum Wages Act; (ii) clarify whether section 9 on the floor minimum wage applies to all workers, including unskilled workers; (iii) indicate whether any State Governments have fixed a minimum wage for domestic work; and (iv) provide information on how it ensures that rates are fixed based on objective criteria free from gender bias and, in particular, that sector specific wages do not result in the undervaluation of jobs predominantly occupied by women in comparison with those occupied by men. The Committee further reiterates its request for the Government to indicate the follow-up to the recommendations in the ILO India Wage Report 2017 to improve the minimum wage policy.
Article 3. Objective job evaluation.  In its previous comments, the Committee recalled that, in the follow-up to the conclusions of the Conference Committee on the Application of Standards in June 2010, the participants at the tripartite workshop on the Equal Remuneration Act (ERA), 1976, held in February 2012, recommended the development of a technical tool to assist constituents towards the progressive implementation of the principle of equal remuneration for men and women for work of equal value, and to build their capacity to undertake objective job evaluation free from gender bias. The Committee notes that once again the Government has not provided any information in this regard.  The Committee therefore once again requests the Government to take proactive steps, in cooperation with workers’ and employers’ organizations, to develop technical tools for the objective evaluation of jobs with a view to the effective application of the principle of the Convention and to provide information in this respect.
Enforcement.  The Committee takes note of the information provided in the Government’s report on the number of inspections conducted, the irregularities detected and rectified, as well as the number of prosecutions and convictions handed down between 2017 and March 2019 under the Equal Remuneration Act, 1976. The Committee notes the Government’s statement that there has been no court decision regarding the principle of equal remuneration for men and women for work of equal value. The Committee would like to draw the Government’s attention to the fact that, where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or the absence of practical access to procedures, or fear of reprisals (2012 General Survey on the fundamental Conventions, paragraph 870). The Committee once again asks the Government to undertake an in-depth analysis of the violations detected with a view to determining the measures necessary to reinforce the application of the legislation giving effect to the Convention, both at the central level and the level of state governments. The Committee also asks the Government to continue providing information on the activities of the labour inspectorate related to the application of the principle of the Convention and to supply information on the number, nature and outcome of relevant complaints dealt with by judicial and administrative bodies.
Awareness raising.  The Committee takes note of the Government’s indication that the Dattophani Thengadi National Board for Workers Education and Development has been imparting various training programmes at the regional, unit and village levels to raise the awareness of unorganized workers regarding various labour laws and schemes. Recalling the importance of ensuring that the principle of the Convention and the relevant national legislation is known and understood by workers and employers, the Committee encourages the Government to continue ensuring that training programmes and awareness-raising activities are undertaken, specifically on the principle of equal remuneration for men and women for work of equal value and the relevant national legislation, the available complaints procedures, including for the unorganized sector, and to provide information on the steps taken for this purpose.

C107 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Articles 2 to 5 of the Convention. Protection of the Dongria Kondh. In its previous observation, the Committee requested the Government to provide more specific information on the implementation of the Conservation-cum-Development plan by the state government of Odisha, which covers 13 particularly vulnerable tribal groups, including the Dongria Kondh, and on the steps taken to give effect to the orders issued by the Supreme Court of India in its judgment of 18 April 2013 on the protection of the religious rights of the scheduled tribes and other traditional forest dwellers in the Niyamgiri Hills. The Committee notes that, in its report, the Government states that it awaits information from the state government of Odisha in response to the questions raised by the Committee. The Committee recalls that, in the past, it referred to the situation of the Dongria Kondh people in relation to a bauxite mining project to be developed in the lands traditionally occupied by them, and noted with interest the Supreme Court of India’s judgment of 18 April 2013, which provided certain directions to the state Government and the Ministry of Tribal Affairs for compliance in the context of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. The Committee requests the Government to ensure that the rights and interests of the Dongria Kondh and the other particularly vulnerable tribal groups are fully respected and guaranteed, and to provide information on the measures taken in this regard. It also requests the Government to provide information on the implementation of the Conservation-cum-Development Plan prepared by the state government of Odisha and on the measures taken to give effect to the orders issued by the Supreme Court of India in its judgment of 18 April 2013 on the protection of the religious rights of the scheduled tribes and other traditional forest dwellers in the Niyamgiri Hills. The Committee also requests the Government to indicate the steps taken to ensure that the communities concerned are involved in the design and implementation of such measures. The Committee further refers to the point below on the implementation of the Recognition of Forest Rights Act, 2006.
Articles 11 to 13. Land rights. In its previous observation, the Committee requested the Government to continue providing information on the implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, and of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013. The Committee notes the Government’s indication that, according to the monthly progress report prepared by the Ministry of Tribal Affairs on the basis of the information received from the state governments, 4,196,880 claims (4,052,702individual and 144,178 community claims) were filed and 1,859,595 titles (1,789,670 individual and 69,925 community claims) were issued, as of 31 March 2018. The Committee further notes from the latest monthly report available from the website of the Ministry of Tribal Affairs, dated 12 March 2020 and covering the period ending on 30 November 2019, that 4,241,135 claims (4,092,183 individual and 148,952 community claims) were filed and 1,977,097 titles (1,900,923 individual and 76,174 community claims) were distributed. It also notes from the annual report 2019 2020 of the Ministry of Tribal Affairs that the Ministry aims to accelerate the implementation of the Recognition of Forest Rights Act, 2006, including by ensuring wider publicity and dissemination of information about the Act to the intended beneficiaries.
The Committee notes that on 13 February 2019, the Supreme Court of India, in its judgment on the matter of Wildlife First & Others v. Ministry of Environment, Forest and Climate Change & Others (Writ Petition No. 109/2008), directed state governments to evict the persons/parties whose claims under the Recognition of Forest Rights Act, 2006, were rejected. The Committee notes that 21 states are concerned, namely: Andhra Pradesh, Assam, Bihar, Chhattisgarh, Goa, Gujarat, Himachal Pradesh, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Manipur, Odisha, Rajasthan, Tamil Nadu, Telangana, Tripura, Uttarakhand, Uttar Pradesh and West Bengal. The Committee notes that, according to the annual Report 2019–2020 of the Ministry of Tribal Affairs, the said Ministry filed an application before the Supreme Court on 26 February 2019 asking the Court to consider modifying its order of 13 February to direct the state governments to file detailed affidavits regarding the procedure followed and the rejection of the claims, and to withhold until then the eviction of the concerned communities. The Committee notes that, on 28 February 2019, the Supreme Court stayed its order of evictions based on the consideration that the state governments had not provided sufficient information on how the decisions on the claims were made, and therefore directed all States to submit an affidavit by 12 July 2019, in which they should provide information on the procedure adopted for rejecting the claims; which competent authority rejected the claims; and under which provision of law the evictions orders were made. The Court also asked states to clarify whether the process established by the Recognition of Forest Rights Act, 2006 was respected, in particular as regards the role of the Gram Sabhas (village assemblies), and to indicate the process to be followed for eviction after the rejection orders were passed. The Committee notes that in July 2019 the stay on evictions was further extended.
The Committee notes with concern that an estimated 9 million forest dwellers would be affected by the eviction orders (A/74/183, 17 July 2019, paragraph 34). The Committee notes that concerns about the failure to ensure adequate implementation of the Recognition of Forest Rights Act, 2006 have been raised on various occasions by United Nations mandate holders, particularly with regard to the transparency of the process, the consent before displacement or eviction, and the provision of adequate redress and compensation (UA IND 13/2019, 19 June 2019; IND 9/2017, 24 August 2017; IND 9/2013, 8 July 2013, among others). The Committee also notes from the mission report of the United Nations Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context, that a disproportionate number of displacements, in connection with projects of various kinds, appear to involve persons belonging to scheduled tribes (A/HRC/34/51/Add.1, 10 January 2017, paragraph 48). The Committee further notes that concerns have been raised over allegations of violence, harassment, intimidation and arbitrary arrests of people belonging to the concerned communities who sought to exercise their rights (UA IND 1/2018, 30 January 2018; IND 1/2019, 16 January 2019, among others). The Committee recalls that according to Article 12(2) and (3) of the Convention the peoples concerned shall not be removed from their territories without their free consent and that, if relocation takes place, they shall be provided with lands of quality at least equal to that of the lands previously occupied by them, suitable to provide for their present needs and future development, or, if they express preference for compensation in money or in kind, they shall be so compensated under appropriate guarantees.
In light of the above, the Committee requests the Government to: (i) supply information on any developments concerning the Supreme Court’s order of 13 February 2019; and (ii) take the necessary measures to ensure that the rights to land of scheduled tribes and other traditional forest dwellers are fully recognized and protected, and the role and functions of the Gram Sabha, as spelt out also in the Recognition of Forest Rights Act, 2006, are fully respected, and provide information in this respect, including on any grievance filed against decisions made under the Recognition of Forest Rights Act, 2006, and of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013. Please also provide information on the status of recognition of scheduled tribes’ land rights falling outside the scope of application of the Recognition of Forest Rights Act, 2006.
Articles 5 and 11 to 13. Draft National Forest policy. The Committee notes that on 14 March 2018, the Ministry of Environment, Forest and Climate Change released the draft National Forest policy, 2018, for public comments and that, to date, revisions to the existing policy are still under discussion. The Committee requests the Government to ensure that scheduled tribes and other traditional forest dwellers are involved in the formulation of the new National Forest policy and that the rights under the Convention are fully recognized in the new policy. It also requests the Government to provide information on any measures taken in this respect and on any developments concerning the adoption of the Forest policy.
The Sardar Sarovar dam project. The Committee previously noted the Government’s indication that updated information concerning the resettlement of the remaining 260 families affected by the Sardar Sarovar dam still needed to be provided by the State of Gujarat. The Committee requested the Government to provide updated information on the measures adopted for the resettlement of all families affected by the Sardar Sarovar dam in the state of Madhya Pradesh and other states concerned. The Committee notes the information provided by the Government on the progress made, as of June 2018, on the resettlement and rehabilitation of the families affected by the project in the state of Gujarat. The Committee also notes that the Sardar Sarovar dam has recently been expanded. It notes from communications made by United Nations mandate holders that the expansion may have resulted in the forced eviction and displacement of 40,000 families (Joint Urgent Appeal – JUA IND 8/2017, 29 August 2017). According to the same source, “it is alleged that the status of rehabilitation has been too slow; farmers have been mostly promised barren and non-cultivable lands or meagre cash compensation, and resettlement sites are not in a state of habitation, lacking infrastructure, such as sewage and water pipes, as well as lacking schools, access to health centres and access to other basic rights”. Referring to the standards governing relocation under the Convention, which have been recalled above, the Committee requests the Government to take all necessary measures to ensure that persons belonging to the tribal population displaced by the expansion of the Sardar Sarovar dam project are provided with resettlement and compensation in conformity with Article 12(2) and (3) of the Convention. The Committee requests the Government to provide information on the measures adopted in this regard and the progress made towards resettlement and compensation. Please also indicate the overall status of progress in the resettlement and rehabilitation of the families affected by the project, specifying the number of families belonging to the tribal population that still remain to be settled and the measures taken concerning them.
The Committee is raising other matters in a request addressed directly to the Government.

C107 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Articles 2 and 5 of the Convention. Coordinated and systematic action. National tribal policy. In its previous comment, the Committee requested the Government to continue providing information on the progress made in the adoption of the national tribal policy, and to indicate how the collaboration of tribal populations was sought in the preparation of this policy. The Committee notes that, in its report, the Government indicates that a decision has yet to be made on the tribal policy, pending the receipt of comments by all ministries and state governments on the recommendations that have been formulated by the High-Level Committee mandated to analyse the socio-economic situation of the scheduled tribes. The Committee requests the Government to continue providing information on any developments concerning the elaboration and adoption of the national tribal policy and once again requests the Government to indicate how the collaboration of tribal populations is sought in the preparation of this policy. In the meantime, the Committee requests the Government to provide information on the measures taken by the Ministry of Tribal Affairs to ensure that the actions and programmes for the protection of the rights of tribal peoples are developed and implemented in a coordinated and effective manner with their involvement.
Article 2. Protection of the tribal populations. The Committee notes that the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989, was amended following the adoption of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act No. 1 of 2016. The Committee observes that the amendments aimed in particular at introducing new offences, establishing exclusive special courts and strengthening the rights of victims. The Committee requests the Government to provide information on the implementation of the Act, as well as on the measures taken to protect tribal peoples from acts of violence and raise awareness of their rights.
Articles 16 to 18. Vocational training, handicrafts and rural industries. In its previous comment, the Committee requested the Government to: (1) provide information on vocational training programmes addressing the needs of tribal populations, with an indication of how these programmes have contributed to increased employment opportunities for the populations concerned; and (2) continue providing updated information on the outcome of the implementation of the Mahatma Gandhi National Rural Employment Guarantee Act regarding the scheduled tribes and scheduled castes. The Committee notes the information provided by the Government on a number of initiatives undertaken under the Special Central Assistance to Tribal sub-scheme and the Grants in Aid programme with a view to developing tribal people’s skills in potential livelihood activities in the field of agriculture, livestock, fisheries, non-farm enterprises and forestry, among others. The Committee notes, in particular, the Institutional Support for Marketing and Development of Tribal Products/Produce scheme, which aims at promoting tribal products, creating a supply chain and retail outlets for the sale of these products, and ensuring that the artisans are paid a fair price in line with the market; and the Mechanism for marketing of minor forest produce, which fixes a minimum support price for 49 products and ensures procurement and marketing through designed state agencies in case the price falls below the minimum pre-fixed price. The Committee notes that both schemes contain a training component aimed at enhancing occupational skills, such as crafting or sustainable collection, exploring marketing possibilities, creating designs and brands, and developing new products. The Committee further notes the Support to National/State Scheduled Tribes Finance and Development Corporations scheme, through which financial assistance at concessional rates of interest is provided to support income-generating activities and skills upgrading of persons from scheduled tribes. The Committee notes the Government’s indication that, in the years 2018–2019, 113,483 tribal persons received financial assistance through these corporations. The Committee takes due note of these schemes and requests the Government to continue providing information on the implementation of vocational training programmes and other programmes supporting tribal populations’ employment and occupation according to their needs, including the number of men and women beneficiaries of these programmes and the impact of such programmes on these populations’ livelihoods. The Committee once again requests the Government to provide updated information on the implementation of the Mahatma Gandhi National Rural Employment Guarantee Act.
Article 20. Health. The Committee notes the information provided by the Government concerning the projects run by voluntary organizations in the framework of the Grants in Aid programme with a view to filling existing gaps in the provision of health care services in tribal areas, including the construction of hospitals and the implementation of mobile dispensaries. The Committee also notes from the research study of 2018 on assessing the status of health system delivery and factors determining access to quality health care for tribal communities, commissioned by the National Human Rights Commission and available on its website, that tribal people continue to suffer from poor health. The Committee notes in particular that, according to the study on the “non-availability of essential diagnostics, drugs, inadequate infrastructure, human resources, the lack of transport and communications facilities are rampant and impact the health and health care of these communities” (p. 230). The study shows, among other things, that: (i) particularly vulnerable tribal groups (PVTGs) rely considerably on local knowledge and practices for health care; (ii) the non-availability of health care near tribal people persists, denying timely access to quality care; (iii) communities residing in remote or arduous locations should be able to access health services within their villages or in accessible proximity to avoid delays or expenses caused by the need to travel long distances; and (iv) an improved understanding of the epidemiology of tribal areas and communities is necessary to delineate the health needs of the tribal population. The Committee further notes that the study underscores that “the participation of the tribal populations in processes of planning and in decisions regarding their health and health care is also core to a robust public health programme” (p. 231). The Committee requests the Government to continue providing information on the measures adopted to improve access to adequate health services in tribal areas, including any measures adopted as a follow-up to the recommendations made in the study commissioned by the National Human Rights Commission. Please indicate how collaboration with the communities concerned is sought in the design and implementation of such measures.
Articles 21 to 26. Education. In its previous comment, the Committee requested the Government to continue providing information on the impact of the education measures implemented, with an indication of how such measures take into account the social and cultural characteristics of the populations concerned. The Committee notes the Government’s indication that during 2018–2019, 183 additional residential schools were created benefiting 43,706 students from scheduled tribes. The Government also reports that it continues to implement the scheme on strengthening education among scheduled tribes’ girls in low literacy districts. The scheme, which targets 54 districts where the population from scheduled tribes is 25 per cent or more and female literacy among scheduled tribes is below 35 per cent, aims at reducing the literacy gap between the tribal and non-tribal female population and at reducing dropouts at the elementary level by creating an adequate environment for education. The Committee notes that, during 2018–2019, 74 educational complexes were established covering 10,359 girls from scheduled tribes in seven states. The Committee requests the Government to continue providing information on the implementation of the measures adopted to provide access to education to students from tribal populations and raise literacy levels among girls from the scheduled tribes, and their impact. The Committee also reiterates its request for information on how these measures take into account the social and cultural characteristics of the populations concerned. In this connection, please also indicate how multilingual education covering tribal populations’ mother tongue is provided.

C138 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the Government’s first report.
Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour and application of the Convention in practice. The Committee notes the Government’s indication in its report that following the adoption of a National Policy on Child Labour in 1987, a National Child Labour Project (NCLP) Scheme was launched and implemented by the Government since 1988. The objective of the NCLP Scheme is to identify children and adolescents involved in child labour and hazardous work and rehabilitate them through the Special Training Centers (STCs) and mainstream them into formal education. According to the Government’s report within this Scheme, children in the age group of 5–8 years get directly linked to the formal education system under the Sarva Shiksha Abhiyan (SSA) Scheme (Education for all), while children of 9–14 years are enrolled in STCs that provide non-formal/bridge education before being mainstreamed into formal education. Apart from the bridge education, children in the STCs are provided with vocational training, mid-day meals, healthcare facilities and a stipend of 400 Indian Rupee (INR) (approx. US$5.32) per child per month. Adolescents of 14–18 years who are withdrawn from hazardous work are linked to skill training centres for vocational training. The Committee also notes from the official website of the Ministry of Labour and Employment (MOLE) that at present the NCLP scheme is being implemented in 266 child labour endemic districts in 20 states, with 7,311 STCs currently in operation with 320,000 children enrolled. To date, about 895,000 children have been mainstreamed into the formal education system under this scheme. Moreover, funds are also provided under the Grants-in-Aid Scheme to Non-Governmental Organizations for the elimination of child labour in districts not covered by the NCLP scheme. Currently, about 70 voluntary agencies are provided with such assistance.
The Government report also indicates that it is focusing on the convergence of various departmental initiatives to alleviate poverty, provide social security, economic and social empowerment of child workers and their families. Accordingly, under the revised NCLP guidelines, emphasis has been placed on the convergence of benefits under SSA and other schemes of the Government, such as the School Uniform Scheme; employment opportunities to the parents of children withdrawn from child labour by the Ministry of Rural Development through the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) of 2005; and the provision of subsidized food grains by the Ministry of Consumer Affairs, Food and Public Distribution under the Food Security Act.
The Committee also notes from the ILO-IPEC publication entitled, Impact of Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) on Child Labour, 2013, that the MGNREGS is one of the most ambitious centrally sponsored schemes of India that has demonstrated varying degrees of success across the country. This publication also indicates that there has been a reduction of 3.8 million child labourers during the period from 2004–05 to 2009–10 primarily in the rural areas due to the various interventions made by the Government including the Mid-Day Meal Scheme, the SSA and the MGNREGS. The Committee further notes that the ILO project to support the implementing initiatives to eliminate child labour, entitled MAP16, is being implemented in the States of Chhattisgarh, Bihar and Uttar Pradesh. The Committee notes, however, that according to the data from Census 2011, of the 259.6 million children in the age group of 5–14 years, about 10.1 million children (3.9 per cent of the total child population) are engaged in child labour. The Committee requests the Government to continue its efforts to ensure the progressive elimination of child labour in the country, including within the framework of the existing programmes such as the NCLP, SSA, MMS and MGNREGS and to provide information on the results achieved. It also requests the Government to provide information on the implementation of MAP16 project and the results achieved. The Committee further requests the Government to provide updated statistical information on children involved in child labour and hazardous work in the country.
Article 2(1) and (4). Minimum age for admission to employment or work. The Committee notes that, in ratifying the Convention, India specified a minimum age of 14 years for admission to employment or work within its territory, pursuant to Article 2(1) and (4) of the Convention. The Committee notes that according to section 3(1) of the Child and Adolescent Labour (Prohibition and Regulation) Act of 1986 as amended in 2017 (CAL(P&R) Act) no child, defined as persons who have not completed 14 years of age, shall be employed in any occupation or process. Section 25 of the CAL(P&R) Act amending section 109 of the Merchant Shipping Act of 1958 states that no person under the age of 14 years shall be engaged or carried to sea to work in any capacity in any ship. Furthermore, according to section 67 of the Factories Act, 1948 no child who has not completed his fourteenth year shall be required or allowed to work in any factory.
Article 2(3). Age of completion of compulsory education. The Committee notes that according to section 3(1) of the Right of Children to Free and Compulsory Education Act, 2009 every child from the age of 6 to 14 years shall have the right to free and compulsory education, in line with the minimum age for admission to employment or work.
Article 3(1) and (2). Minimum age for admission to and determination of hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under the age of 18 years, the Committee refer to its detailed comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).
Article 3(3). Admission to hazardous types of work from the age of 16 years. The Committee notes that Part B of the Schedule to section 3A of the CAL(P&R) Act lists 54 types of occupations and processes where children (below 14 years) are prohibited to help in family or family enterprises. However, the Committee observes that some of the occupations listed under Part B appears to be hazardous to children of 16 years and above, including, work relating to the construction of a railway station or any work done in close proximity to or between railway tracks; manufacturing or handling of pesticides and insecticides; manufacturing or processing and handling of corrosive and toxic substances; and operations involving dangerous machines like hoists and lifts, lifting machines, chains, ropes, revolving machinery, power presses, and machine tools used in metal trades. The Committee further notes that according to section 13 of the CAL(P&R) Act, the appropriate Government may, by notification in the Official Gazette make rules for the health and safety of the adolescents employed or permitted to work in any establishment or class of establishments. The Government may be reminded that Article 3, paragraph 3 of the Convention authorizes the employment of children in hazardous occupations only from the age of 16 years subject to the condition that their health, safety and morals are fully protected and that they receive adequate specific instruction and vocational training in the relevant branch of activity. In this regard, the Committee requests the Government to take the necessary measures to ensure that children can only be employed in hazardous work from the age of 16 years subject to the conditions laid down under Article 3, paragraph 3 of the Convention. It also requests the Government to provide information on any rules issued by the Central or State Government pursuant to section 13 of the CAL (P&R) Act or any other measures taken or envisaged to protect children between 16 and 18 years who are working in hazardous occupations.
Article 6. Vocational training and apprenticeship. The Committee notes that according to section 3 of the Apprentices Act of 1961, a person shall not be qualified to undergo apprenticeship training in any designated trade, unless he/she is not less than 14 years of age, and for designated trades related to hazardous industries, not less than 18 years of age and satisfies such standards of education and physical fitness as may be prescribed.
Article 7(1), (3) and (4). Minimum age for admission to light work and determination of light work. The Committee notes that there are no provisions regarding light work by children under the national legislation. The Government’s report also does not contain any information regarding permissible light work for persons below the minimum age. In this regard, the Committee notes that about 10.1 million children under the age of 14 years are engaged in child labour in the country. Noting that a high number of children below the minimum age are involved in child labour, the Committee requests the Government to indicate whether it intends to avail itself of the flexibility clauses under Article 7 of the Convention by adopting provisions to regulate and determine the light work activities performed by children over 12 years.
Article 8(1) and (3). Artistic performances. The Committee notes that section 3(2)(b) of the CAL(P&R) Act, permits a child below 14 years to work as an artist in an audio-visual entertainment industry or sports activities except circus, subject to such conditions and safety measures as may be prescribed and provided that such work shall not affect the school education of the child. Further according to the rules and conditions set forth under the Child Labour (Prohibition and Regulation) Rules 1988 as amended in 2017, a child who is allowed to work as an artist shall not work for more than five hours a day and for not more than three hours without rest. Moreover, a permission from the District magistrate is required after furnishing such details to the District Magistrate concerning the consent of the parents/guardian of the child, safety and security measures in place for the child artist and a disclaimer specifying the measures taken to prevent any abuse, neglect or exploitation of such child during the entire performance. The permission so granted shall be valid for six months and shall clearly state the provisions of education, safety and security as prescribed in the guidelines and protection policies issued by the Central Government.
Article 9(1). Penalties. The Committee notes that according to section 14 of the CAL(P&R) Act any person who employs a child or permits a child to work in contravention of the provisions of sections 3 and 3A (regarding the employment of children and adolescents) shall be punishable with imprisonment for a term of six months to two years, or with a fine of not less than INR20,000 (approximately US$266) and not more than INR50,000 (US$665) or with both. In case of a second or subsequent offence of employing a child or adolescent the penalties shall be increased. The Committee requests the Government to provide information on the application in practice of section 14 of the CAL(P&R) Act concerning violations regarding the employment of children and young persons, including the number of violations and types of penalties imposed.
Article 9(3). Keeping of registers. The Committee notes that as per section 11 of the CAL(P&R) Act every employer employing an adolescent shall maintain a register to be made available for inspection by an inspector at all times during working hours. Such register shall contain the name and date of birth of such adolescent as well as the hours and nature of work and other particulars of such employment.
Labour inspection. The Committee notes that according to section 17 of the CAL(P&R) Act, the appropriate government shall appoint inspectors for the purpose of securing compliance of the Act and shall make or cause to make periodic inspection of the places where children are employed at such intervals to monitor compliance of the Act (section 17B). Section 17A further empowers the appropriate Government to confer such powers and duties on a District Magistrate as may be necessary to ensure that the provisions of this Act are properly carried out. The Child and Adolescent Labour (Prohibition and Regulation) Rules 1988 as amended in 2017 further spells out the duties of the District Magistrate and the inspectors in securing compliance with the provisions of the Act as well as provides for the creation of a system of monitoring and inspection for carrying into effect the provisions of section 17 of the Act.
The Committee further notes the Government’s information that the MOLE has developed a standard operating procedure (SOP) in 2017 aimed at creating a ready reckoner for trainers, practitioners and monitoring agencies to ensure complete prohibition of child labour and protection of adolescents from hazardous child labour ultimately leading to Child labour Free India. Moreover, an online Platform for Effective Enforcement for No Child Labour (PENCIL Portal) has also been launched by MOLE in September 2017 to ensure the effective implementation of the child labour legislations and the NCLP scheme. This portal consists of five components namely child tracking system, complaint corner, central government, state government and National Child Labour Project society level. The online complaints received through the PENCIL Portal are directly routed to the District Nodal Officers (officers designated by a Ministry, Government Department, Public Sector Undertaking or Organisation), for its disposal in a time bound manner and for submission of status reports within a specified time. The Committee further notes that according to information from the official website of the MOLE there are a total of 620 District Nodal Officers and that since the launch of PENCIL, a total of 181,380 children were identified as involved in child labour.
The Committee finally notes that according to the data provided by the Government on the enforcement of the CAL(P&R) Act received from the State Governments from 2016 to 2018, 877,141 inspections were carried out; 7,990 violations were detected; 4,780 prosecutions were carried out; and 2,081 convictions were issued. Further, until May 2019, 132,858 inspections were carried out; 300 violations were detected; 198 prosecutions were carried out; and 25 convictions were issued. The Committee strongly encourages the Government to continue taking effective measures to identify and combat child labour including through strengthening the capacity and reach of the labour inspectors and District Nodal Officers to areas where child labour is more prevalent. It also requests the Government to continue to provide statistical information on the number and nature of violations of child labour provisions detected by the labour inspectors and penalties applied as well as the number of complaints of child labour received through PENCIL Portal and disposed by the District Nodal Officers.

C182 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

India (ratification: 2017)
The Committee notes the Government’s first report.
Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes the Government’s information in its report that the Indian Penal Code Act No. 45 of 1860 as amended by the Criminal Amendment Act 13 of 2013 contains provisions prohibiting and criminalizing offences related to trafficking of persons. According to section 370 of the Penal Code, whoever for the purpose of exploitation, recruits, transports, harbours, transfers or receives persons by using force or any other form of coercion, by abduction, by fraud or deception, by abuse of power or by inducement, commits an offence of trafficking and shall be punished. The above offences if committed against a minor shall be punishable with rigorous imprisonment for a term not less than ten years and up to life imprisonment and shall also be liable to a fine. The term “exploitation” under this section shall include any physical or sexual exploitation, slavery, practices similar to slavery, servitude or forced labour. Moreover, according to section 81 of the Juvenile Justice (Care and Protection of Children) Act No. 2 of 2016, any person who sells or buys a child for any purpose shall be punishable with rigorous imprisonment for a term of five years and to a fine of INR 100,000 (approximately US$1,337). A “child” according to section 2(12) refers to persons below the age of 18 years.
The Committee notes that according to the statistics by the National Crime Records Bureau (NCRB), in 2018 there were 2,465 reported cases of trafficking of persons across India, involving 5,788 persons. Of these, 435 cases were related to trafficking of 2,834 children under the age of 18 years. A total of 5,362 persons were arrested for this crime, and 2,358 children under the age of 18 years were rescued from trafficking. Most of the trafficking cases were for the purpose of sexual exploitation (1,922) and forced labour (1,046) followed by forced marriage (220), child pornography (154) domestic servitude (143) and begging (21). The Committee requests the Government to continue to take the necessary measures to ensure that the provisions under section 81 of the Juvenile Justice Act and section 370 of the Penal Code concerning the sale and trafficking of children are effectively implemented by carrying out thorough investigations and prosecutions and imposing sufficiently effective and dissuasive sanctions against the perpetrators of this offence. It also requests the Government to continue to provide information on the number of investigations, prosecutions, convictions, and penalties applied regarding the trafficking of children.
2. Slavery, debt bondage, forced or compulsory labour. The Committee notes that article 23 of the Constitution prohibits trafficking in human beings, begging and other similar forms of forced labour. It also notes that sections 371 and 374 of the Penal Code provides for penalties of imprisonment and fines for the offence of habitual dealing in slaves and for unlawfully compelling any person to labour against the will of that person. The Committee further notes that according to section 4 of the Bonded Labour System (Abolition) Act of 1976, the bonded labour system shall be abolished and that every bonded labourer shall stand freed and discharged from any obligation to render any bonded labour. Furthermore, according to section 79 of the Juvenile Justice Act, whoever ostensibly engages a child and keeps him in bondage for the purpose of employment or withholds his earnings or uses such earning for his own purposes shall be punishable with rigorous imprisonment for a term which may extend to five years and shall also be liable to fine of INR 100,000. The Committee requests the Government to take the necessary measures to ensure that section 4 of the Bonded Labour System (Abolition) Act and section 79 of the Juvenile Justice Act are effectively enforced and adequate penalties are imposed on persons who involve children under the age of 18 years in bonded labour. It requests the Government to provide information on the number of investigations, prosecutions, convictions and penalties applied for the offences related to the forced or bonded labour of children.
3. Compulsory recruitment of children for use in armed conflict. The Committee notes that there is no system of conscription in India and that the military services are voluntary. It also notes that according to section 83 of the Juvenile Justice Act any non-State, self-styled militant group or outfit declared as such by the Central Government, if recruits or uses any child below the age of 18 years for any purpose, shall be liable for rigorous imprisonment for a term which may extend to seven years and shall also be liable to a fine of INR 500,000 (US$6,713.32).
Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes the Government’s information that the Immoral Traffic (Prevention) Act, 1956 supplemented by the Penal Code prohibits procuring of children for prostitution. According to section 5 of the Immoral Traffic (Prevention) Act, any person who procures or attempts to procure another person with or without his/her consent for the purpose of prostitution; or takes or attempts to take or cause a person to be taken from one place to another for the purpose of prostitution shall be punished. This offence if committed against a child or a minor is punishable by rigorous imprisonment for a term of not less than 7 years which shall extend to 14 years in the case of a minor and life imprisonment in the case of a child. A “child” as per section 2(aa) refers to a person who has not completed the age of 16 years, and a “minor” refers to a person who has completed 16 years of age but has not completed the age of 18 years (section 2(cb).
It also notes that the Penal Code further contains provisions that explicitly criminalize the offences related to procuring or inducing any minor girl under the age of 18 years to go from one place, or importing them from another country, with the intent of forcing them into illicit intercourse with another person (sections 366A and 366B); and selling, buying, hiring, possessing or disposing of any person under the age of 18 years for the purpose of prostitution (sections 372 and 373). The Committee requests the Government to provide information on the application of section 5 of the Immoral Traffic (Prevention) Act and sections 366A, 366B, 372 and 373 of the Penal Code in practice, indicating the number of investigations, prosecutions, convictions and specific penalties applied for the offences related to the use, procuring or offering of children for prostitution.
2. Use, procuring or offering of a child for pornography or pornographic performances. With regard to the use and procuring of children for pornography and pornographic performances, section 13 of the Protection of Children from Sexual Offences (POCSO) Act of 2012 stipulates that whoever uses a child (defined as persons under the age of 18 years) in any form of media (including television, internet or any other electronic form or printed form) for the production, offering, publishing or distribution of pornographic material shall be guilty of the offence of using a child for pornographic purposes which shall be punished with imprisonment for up to five years and to a fine. In the event of a second or subsequent offence the imprisonment may extend up to seven years (section 14). Section 15 further criminalizes the offence of storage of pornographic material involving a child.
The Committee also notes the Government’s reference to section 67B of the Information Technology Amendment Act of 2008, which states that any person who publishes or transmits materials depicting children engaged in sexually explicit acts in electronic form or creates images or texts, collects, seeks, downloads, advertises, promotes or distributes content that depicts children in an obscene or sexually explicit manner, shall be punishable with imprisonment for a term which may extend up to five years and a fine of INR 1 million rupees (US$13,426.53). The Committee requests the Government to provide information on the application in practice of sections 13 and 14 of the Protection of Children from Sexual Offences Act and section 67B of the Information Technology Amendment Act, including information on the number of offences reported, investigations conducted, prosecutions, convictions and penal sanctions imposed.
Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that, according to section 78 of the Juvenile Justice Act, whoever uses a child under the age of 18 years for vending, peddling, carrying, supplying or smuggling any narcotic drug or psychotropic substance shall be liable for rigorous imprisonment for a term extending up to seven years and a fine of INR100,000 rupees (US$1,342.70). The Narcotic Drugs and Psychotropic Substances Act of 1985 makes it an offence to engage in the production, manufacture, possession, transportation or import or export of narcotic drugs or psychotropic substances (section 31A). Moreover, using a minor for the commission of any of the offences within this Act constitutes one of the factors for imposing a punishment higher than the minimum penalty determined for that crime (section 32B). The Committee also notes that the offences related to employing, using or causing a child to beg is punishable with imprisonment up to five years and to a fine of INR 100,000 under section 76 of the Juvenile Justice Act. The Committee requests the Government to provide information on the application in practice of section 78 of the Juvenile Justice Act and sections 31A and 32B of the Narcotic Drugs and Psychotropic Substances Act concerning the use, procuring or offering of a child for the production or trafficking of drugs as well as section 76 of the Juvenile Justice Act prohibiting the use of children for begging, indicating the number of investigations, prosecutions and convictions, as well as penalties applied for such offences.
Clause (d) and Article 4(1). Hazardous work and determination of hazardous work. The Committee notes that section 3A of the Child and Adolescent Labour (Prohibition and Regulation) Act of 1986 (CAL(P&R) Act) as amended by Act No. 35 of 2016 prohibits the employment of children and adolescents in hazardous occupations or processes set forth in the Schedule. In addition, section 7 prohibits overtime work by adolescents and work between 7 p.m. and 8 a.m. A “child” according to section 2(ii) refers to a person who has not completed 14 years of age and an “adolescent” is a person who has completed 14 years of age but has not completed 18 years (section 2(i)).
The Committee notes the Government’s information that, based on the recommendations of the Technical Advisory Committee constituted under section 5 of the CAL(P&R) Act, and after due consultations with all the stakeholders including organizations of workers and employers, the Ministry of Labour and Employment issued Notification S.O.2827(E) on 30 August 2017 amending the Schedule of the CAL(P&R) Act. The Committee notes that Part A of the Schedule as amended contains a list of 38 hazardous occupations and processes prohibited to children and adolescents, including: (i) mines and collieries-related work, such as work in stone quarries; brick kilns; open pit mines; and extraction, grinding, cutting, polishing, cobbling etc. of stones, lime, slate, silica, or any other mineral extracts; (ii) inflammable substances and explosives such as production, storage, sale of firecrackers; manufacture, storage, sale, loading, unloading of explosives; any processes involving inflammable substances; waste management of inflammable substances and explosives; natural gas and other related products; (iii) hazardous processes such as ferrous and non-ferrous metallurgical industries; coal, cement, fertilizer, petroleum, rubber, fermentation, electro-plating, chemical, pulp and paper, paints and pigment, drugs and pharmaceuticals, insecticides, fungicides, herbicides and other pesticides industries; power generating industries; glass and ceramics; grinding or glazing metals; extraction of oils and fats from vegetable and animal sources; manufacture, handling, processing of asbestos, benzene substances and operations involving carbon disulphide; dyes; highly inflammable liquids and gases; work in slaughter houses; work involving exposure to radioactive substances; ship breaking; salt mining; work in beedi-making or processing and handling of tobacco, psychotropic substances or alcohol; work at bars, pubs or places serving alcohol; and other hazardous processes specified in the schedule IX of the Building and other Construction Workers’ (Regulation of Employment and Conditions of Service) Central Rules, 1998.
It also notes that section 14 of the CAL(P&R) Act provides for penalties for any person who violates section 3A which includes imprisonment for a term of six months to two years, or with a fine of not less than INR20,000 (approximately US$266) and not more than INR 50,000 (US$665) or with both. In case of a second or subsequent offence of employing a child or adolescent, the penalties shall be increased. The Committee requests the Government to provide information on the application in practice of section 3A of the CAL(P&R) Act, including statistics on the number and nature of violations reported and penalties imposed for the offences related to the employment of children under 18 years in the hazardous occupations listed under Part A of the Schedule.
Article 5. Monitoring mechanisms. 1. Anti-Human Trafficking Units (AHTUs). The Committee notes that according to the Annual Report 2018–19 of the Ministry of Home Affairs (MHA report), “Police” is a state subject and as such the registration, investigation and prevention of the crime of trafficking of persons is primarily the responsibility of respective state governments. However, the MHA has been supplementing the efforts of state governments by taking various steps for combating the crime of human trafficking. An Anti-Trafficking Cell has been established within the MHA for dealing with matters relating to trafficking in persons and functions as a focal point for communicating various decisions and follow-up on actions taken by the state governments to combat the crime of trafficking. The MHA report indicates that funds are being released for setting up Anti-Human Trafficking Units (AHTUs) in various districts of states from time to time. So far, 296 AHTUs have been set up in various states and proposals to establish 332 AHTUs have been approved by the MHA. The MHA holds periodical meetings of Nodal Officers of AHTUs to assess the situation of human trafficking in states and provides guidance to states and union territories.
The MHA report further indicates that financial assistance is also provided to states to raise awareness and to train various law enforcement agencies and stakeholders in combating trafficking of persons as well as for judicial colloquiums to train and sensitize judges and law officers on procedures for the speedy disposal of trafficking cases and taking stringent action against traffickers. In order to improve the effectiveness of tackling trafficking of persons, the MHA has issued various advisories to the states and union territories, including advisories on missing children; standard operating procedures on handling trafficking of children for child labour; and advisories on preventing and combating external trafficking. Furthermore, according to the information provided by the Government in its report of February 2017 to the Human Rights Council, in recognition of the special vulnerability of children to trafficking and related violations, the Government has launched operations to rescue missing children. Through Operation Smile and Operation Muskaan, over 28,000 children were rescued in 2015–2016 alone (A/HRC/WG.6/27/IND/1, paragraph 66). The Committee requests the Government to continue to provide information on the activities of the Anti-Human Trafficking Units in identifying and combating trafficking of children. It also requests the Government to provide information on the number of cases of trafficking of children identified by the AHTUs in the various states and union territories; the measures taken to withdraw and rehabilitate them; and on the number of investigations, prosecutions, convictions and penalties imposed in this respect.
2. District and sub-divisional magistrates and vigilance committees. The Committee notes the Government’s information that under the Bonded Labour System (Abolition) Act, the identification, release and rehabilitation of freed bonded labour is the direct responsibility of the concerned state government/union territory. The district and sub-divisional magistrates and the vigilance committees constituted under the Act have been entrusted with the duties and responsibilities for implementation of the Act. The Committee notes that in its observation of 2018 concerning the Forced Labour Convention, 1930 (No.29), the Committee noted the observations made by the International Trade Union Confederation (ITUC) that endemic levels of debt bondage in the brick kiln industry affect a huge number of people, including children, with at least 125,000 functioning brick kilns in India employing an estimated 10 to 23 million workers. It also notes the detailed information provided by the Government on the activities undertaken by the various state vigilance committees in identifying cases of bonded labour. The Committee requests the Government to continue providing information on the functioning of the vigilance committees and the district and sub-divisional magistrates in identifying and monitoring cases of child bonded labour under the age of 18 years, including the number of cases identified and the number of prosecutions disaggregated by age and gender, convictions and penalties applied in this respect.
Article 6. Programmes of action. Ujjawala scheme: A comprehensive scheme for prevention of trafficking and rescue, rehabilitation and reintegration of victims of trafficking for commercial sexual exploitation. The Committee notes from the Government’s report that it has been implementing the Ujjawala scheme since December 2007 for combating trafficking of persons which covers five specific components: prevention, rescue, rehabilitation, reintegration and repatriation. This scheme was renewed in 2016 with its primary objectives being to prevent trafficking of women and children for commercial sexual exploitation through social mobilization, involvement of local communities and awareness-raising programmes, as well as to rescue and rehabilitate victims of trafficking. The scheme provides for the rehabilitation of victims that includes the provision of food, shelter, counselling, medical care, legal aid, education and vocational training as well as their reintegration into society. According to the Ministry of Women and Child Development Press Information Bureau, as of July 2019 there are 254 projects being implemented across the country under this scheme, including 134 protective and rehabilitative homes with a total number of 5,291 beneficiaries. The Committee requests the Government to continue to provide information on the concrete measures taken within the framework of the Ujjawala scheme across the country in combating trafficking of children and the results achieved in terms of the number of children prevented and withdrawn from trafficking and provided with assistance for their rehabilitation and social integration.
Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes that the Right of Children to Free and Compulsory Education Act of 2009 provides for free and compulsory education of all children aged 6 to 14 years. The information from the Government’s report indicates that the National Child Labour Project Scheme (NCLP scheme), which has been operational since its launch in 1988, aims to identify and withdraw children involved in child and hazardous labour, to rehabilitate them through the Special Training Centres (STCs) and mainstream them into formal education. According to the information from the official website of the Ministry of Labour and Employment (MoLE), to date, about 895,000 children have been mainstreamed into the formal education system under this scheme.
The Committee also notes from the Annual Report 2016–17 of the Ministry of Human Resource Development of India, that the Sarva Shiksha Abhiyan (SSA)(Education for All), operational since 2001, has made significant progress in achieving near universal access and equity. Within this programme, a total of 204,740 primary schools, 159,415 upper primary schools and 826 residential schools in remote areas were approved. Under this scheme, transport facilities for children in remote habitations and school uniforms for children from disadvantaged communities and children living below the poverty line, are also provided. Special training for mainstreaming out-of-school children has also been initiated mainly for children from disadvantaged communities such as scheduled castes and tribes, migrants, working children, and other deprived children from religious minority groups through residential or non-residential courses. During the period from 2016 to 2017 special training has been provided to 1,129,000 children. Moreover, the Mid-Day Meal Scheme introduced to encourage poor children and girls to attend school covered 1,150,000 schools and over 100 million children in 2015–16. This report also indicates that the Government had initiated the process of formulating a New Education Policy focusing on accessibility, equity, affordability, quality and accountability.
The Committee further notes that according to the information from the Government’s report to the Human Rights Council of February 2017, the SSA (Education for All) is now being moved into the second phase with its focus on affordable and quality secondary education. This report also states that scholarships for schooling are provided through various schemes and measures to promote and facilitate access to education for children from the excluded and the marginalized groups, scheduled castes and tribes and other backward classes. Furthermore, the National Early Childhood Care and Education (ECCE) policy of 2013 permits universal and equitable access for all children in a decentralized manner (A/HRC/WG.6/27/IND/1, paragraphs 114, 116 and 118). According to Children in India 2018 – A Statistical Appraisal by the Social Statistics Division and Central Statistics Office of the Ministry of Statistics and Programme Implementation, the 2015–16 enrolment data reveals that the gross enrolment ratio was 99.2 per cent at the primary level and 80 per cent at the secondary level while the net enrolment ratio was 87.3 per cent at the primary level. The gender parity index has improved at all levels of education during 2005–06 to 2015–16 from 0.94 and 0.88 to 1.03 and 1.10 for primary and upper primary levels. Moreover, according to UNESCO statistics, the primary to secondary transition rate was 91.26 per cent in 2017. The Committee finally notes the information from UNICEF that the Right to Education Act has been instrumental in the reduction of the number of out-of-school children (OOSC) aged 6 to 14 years, from 13.46 million in 2006 to 6 million in 2014. Out of the 6 million children that are still out of school, a majority are from marginalized communities including scheduled castes, scheduled tribes and religious minority groups. The majority of the OOSC are concentrated in the six states of Uttar Pradesh, Rajasthan, Bihar, Madhya Pradesh, Odisha and West Bengal. The Committee encourages the Government to continue its efforts to improve access to free basic education of all children, including children from disadvantaged communities, children belonging to scheduled castes and tribes and children from religious minority groups. It also requests the Government to continue to provide detailed information on the concrete measures taken in this regard, including through the implementation of the NCLP scheme and the SSA scheme and to provide statistical information, disaggregated by age and gender, on the results achieved with regard to increasing school enrolment rates and reducing school drop-out rates and out-of-school children. The Committee further requests the Government to provide information on the progress made with regard to the adoption of the New Education Policy.
Clauses (a) and (b) Preventing and removing children from the worst forms of child labour and providing for their rehabilitation and social integration. 1. Child victims of trafficking and commercial sexual exploitation. The Committee notes from the findings of a study conducted by the Maharashtra State Commission for the Protection of Child Rights and the International Justice Commission entitled Commercial Sexual Exploitation of Children in Mumbai: Findings in Public Establishments, Private Networks and Survivor Perspectives, 2017, that the country has emerged as a destination as well as an international supplier of trafficked women and children for commercial sexual exploitation. The biggest supply states include Andhra Pradesh, Bihar, Madhya Pradesh, West Bengal, Karnataka, Tamil Nadu, Maharashtra and Uttar Pradesh, while the biggest buying states include Maharashtra and West Bengal. According to this study, there are an estimated 100,000 minor girls in the sex trade in the State of Maharashtra. Children continue to be targeted for commercial sexual exploitation in religious centres or tourist destinations in India and are predominantly trafficked to Delhi, Gujarat, Kolkata, Mumbai, and along the India–Nepal border. The Committee requests the Government to take effective and time-bound measures to prevent the engagement of children in commercial sexual exploitation as well as trafficking for that purpose and to remove those who are victims of such forms of child labour and to provide for their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard and on the results achieved in terms of the number of children withdrawn and rehabilitated.
2. Devadasi system. The Committee notes from the study on Commercial Sexual Exploitation of Children in Mumbai: Findings in Public Establishments, Private Networks and Survivor Perspectives, 2017, presented by the Maharashtra State Commission for the Protection of Child Rights and International Justice Mission, that traditional customary prostitution like the temple prostitution whereby very young minor girls between the ages of 9 and 13 are dedicated for prostitution is prevalent in India. In this regard, the Committee refers to its observations of 2019 under the Forced Labour Convention, 1930 (No.29), where it noted with concern the prevalence of the devadasi system, a culturally sanctioned practice mainly in the States of Karnataka, Andhra Pradesh, Telangana and Maharashtra, under which lower caste girls were dedicated to local “deities” or objects of worship and once initiated as devadasi were sexually exploited by followers of the “deity” within the local community as they grew up. The Committee requests the Government to take the necessary measures to put an end to the practice of the devadasi system and to withdraw girls from such practices and to provide for their rehabilitation and social integration. It requests the Government to provide information on the measures taken and the results achieved in this regard.
3. Central Sector Scheme for Rehabilitation of Bonded Labourers. The Committee notes the Government’s information that the Central Sector Scheme for Rehabilitation of Bonded Labourer, launched in 1978 to assist states and union territories in identification, release and rehabilitation of freed bonded labourers, was revamped in 2016. Under this scheme, financial assistance is provided for rescued bonded labourers for their rehabilitation. For special category beneficiaries such as children, including orphans or those rescued from organized and forced begging rings or other forms of forced labour, a rehabilitation assistance of 200,000 rupees (approximately US$2,675) shall be provided and in cases of bonded or forced labour involving extreme cases of deprivation or marginalization such as children rescued from trafficking and sexual exploitation from brothels and massage parlours, the rehabilitation assistance shall be 300,000 rupees. In addition, the beneficiaries shall also be considered for benefits under other government schemes such as allotment of house-sites and agricultural land, provision of low-cost dwelling units, supply of essential commodities under a targeted public distribution system and education for children. This scheme also provides for the creation of a Bonded Labour Rehabilitation Fund at district level by each state, wherein the entire penalties recovered from the perpetrators of bonded labour upon conviction is deposited and may be used as immediate assistance for rescued labourers. The Government indicates that more than 3 million bonded labourers have been identified and rehabilitated under this scheme. The Committee requests the Government to continue its efforts to withdraw children from bonded labour, including through the implementation of the Central Sector Scheme for Rehabilitation of Bonded Labourers. It also requests the Government to continue to provide information on the implementation of this scheme as well as on the number of children who have been rescued from bonded labour and rehabilitated.
Clause (e). Special situation of girls. According to the Government’s report, the Beti Bachao, Beti Padhao (Save the Daughter, Educate the Daughter) (BBBP) scheme was launched in January 2015 with the aim of preventing gender biased sex selective elimination and to ensure the survival, protection, education and participation of the girl child. The Committee also notes the information from the BBBP scheme implementation guidelines, that the district-level action plans under this scheme include promoting universal enrolment of girls; operationalizing standard guidelines for girl child-friendly schools; ensuring toilet facilities for girls at school; and initiating campaigns to re-enrol girl dropouts in secondary schools. This scheme had been successfully implemented in 161 districts from states and union territories having child sex ratios below the national average. The Cabinet has approved the expansion of the BBBP scheme, which would include multi-sectoral interventions in 244 districts and advocacy, media campaigns and outreach in another 235 districts, thus covering all the 640 districts of the country having low child sex ratio as per the census of 2011. The Committee requests the Government to provide information on the impact of the Beti Bachao, Beti Padhao scheme in preventing girls from engaging in the worst forms of child labour, including the number of girls who have been withdrawn from the worst forms of child labour and enrolled in basic education under this scheme.
Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee notes that the Committee on the Rights of the Child, in its concluding observations of 2014, while noting that the State Party’s Integrated Programme for Street Children had benefited a number of children, expressed its deep concern at the large number of children in street situations in the country and the fact that a number of those children are treated as criminals instead of being considered as victims (CRC/C/IND/CO/3-4, paragraph 83). Recalling that street children are particularly exposed to the worst forms of child labour, the Committee requests the Government to take effective and time-bound measures to remove children from the streets and to ensure their rehabilitation and social integration, and to provide information on the results achieved.
Article 8. International cooperation and assistance. The Committee notes from the Annual Report 2018–19 of the Ministry of Home Affairs that India has signed bilateral Memoranda of Understanding with the Governments of Bangladesh, UAE and Cambodia on human trafficking. A Joint Task Force meeting of India and Bangladesh on Human Trafficking was held on 11–12 March, 2019 in New Delhi. Moreover, India is a signatory to the SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution. India has also ratified the United Nations Convention on Transnational Organized Crime (UNCTOC) and its Protocols namely: (i) Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children; and (ii) Protocol against the Smuggling of Migrants by Land, Air and Sea, supplementing the UNCTOC. The Committee encourages the Government to continue its international cooperation efforts to combat the worst forms of child labour, in particular trafficking of children under 18 years. It requests the Government to provide detailed information on the progress made with regard to combating trafficking of children and the results achieved through its bilateral and international cooperation agreements.
Application of the Convention in practice. The Committee notes the Government’s statement that child labour is an area of great concern and that the Government is committed to addressing the issue. It also states that the Government is following a multi-pronged strategy to tackle the problem of child labour comprising statutory and legislative measures, rescue and rehabilitation, universal primary education along with social protection, poverty alleviation and employment generation. The Committee notes that according to the statistics of the National Crime Records Bureau (NCRB) of 2018, there were 3,039 cases related to procuration of minor girls under section 366A of the Penal Code; 50 cases of selling/buying of minors for prostitution under section 372 and 373 of the Penal Code; 26 cases under section 5 of the Immoral Traffic (Prevention) Act on procuring or inducing children for prostitution; and 44 cases related to publishing or transmitting of materials depicting children engaged in sexually explicit acts under the Information Technology Act. The Committee notes that no recent official reports or statistical information on the situation of children in the worst forms of child labour are available. The Committee requests the Government to take the necessary measures to ensure the availability of up-to-date statistical information on the worst forms of child labour in the country, including information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, all information should be disaggregated by age and gender.

Adopted by the CEACR in 2019

C027 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

C111 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous comments.
Repetition
Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. In relation to its previous comments on the scope of application of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013, the Committee notes the Government’s indication that agricultural workers as well as workers from workplaces employing less than ten workers can file complaints concerning sexual harassment with the Local Complaint Committee established at the district level. The Committee notes that, in reply to its comments, no further information is provided concerning the practical application of the Act. The Committee notes that the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) raised concerns about continued sexual harassment and violence against women and girls, which has repercussions on their school attendance and participation in the labour market. CEDAW notes the stark increase in violent crimes against women, especially rape and abduction, and the escalation of caste-based violence, including rape, against women and girls (CEDAW/C/IND/CO/4-5, 24 July 2014, paragraphs 10(a)–(c) and 26). The Committee recalls that the Act only addresses sexual harassment against women and that the Committee had previously recommended that men should also be protected against this serious form of sex discrimination. The Committee asks the Government to provide specific information on the practical application of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013, and any other measures adopted or envisaged to combat sexual harassment and violence against women related to the workplace. The Committee also asks the Government to supply information on the number of sexual harassment cases filed with internal and local complaints committees and their outcomes, including remedies provided and penalties imposed. It again asks the Government to review the impact of section 14 of the Act (action against malicious or false complaints or false evidence) on the willingness of women and other persons to file complaints of sexual harassment without fear of reprisals. This should also include information on reprisals and efforts to prevent reprisals at workplaces employing less than ten employees and in agricultural workplaces. The Government is also asked, when the opportunity of the revision of the Act arises, to amend the Act to ensure that men, as well as workerplaces in the unorganized sector with more than ten employees, are also protected against sexual harassment in the workplace, and to provide information on any developments in this regard.
Articles 1–3. Measures to address discrimination based on social origin. The Committee notes the Government’s indication that the quota system for scheduled castes in the public sector has contributed to increasing the representation of these groups in the public sector. According to the Government’s report, whereas in 1965 scheduled castes represented 13.17 per cent of the personnel in government services, in 2012 they accounted for 17.3 per cent of the staff. In this regard, the Committee notes that the quota for scheduled castes in the public sector, in direct recruitment on an all-India basis by open competition, is 15 per cent. The quota in direct recruitment on an all-India basis other than by open competition is 16.66 per cent. The Committee notes that various “special recruitment drives” have been launched in recent years to fill the backlog of reserved vacancies for scheduled castes and tribes. The overall success rate of the last drive held in 2012 was 74.85 per cent. The Committee further notes the information provided by the Government concerning the various schemes put in place with a view to fostering education and economic empowerment of scheduled castes. According to the Government’s report, the positive impact of these schemes is reflected in the enhanced representation of scheduled castes in the public sector. No information is, however, provided concerning the impact of these schemes beyond the fulfilment of the quotas.
Regarding affirmative action measures in the private sector, the Committee notes the information concerning some initiatives taken by the Apex Industry Chambers, such as providing skills training, entrepreneurship development programmes, and coaching and scholarships to more disadvantaged sections of society. The Government also indicates that some of the industry associates have prepared a voluntary code of conduct in which emphasis is placed on increasing opportunity in employment for disadvantaged sections of society through skills upgrading, continuous training and scholarships, among other matters. As regards the steps taken to intensify awareness raising on the prohibition and unacceptability of caste-based discrimination in employment and occupation, the Government indicates that it has addressed a set of recommendations, in its advisory capacity under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, to the chief secretaries of all states/union territories (UTs). These recommendations include: (i) creating awareness through print and electronic media; (ii) developing a community monitoring system to verify cases of violence, abuse and exploitation and taking necessary steps to curb such cases; (iii) involving the community at large in creating and spreading such awareness; and (iv) organizing legal literacy and legal awareness workshops. The Committee notes that no information is, however, provided by the Government on the specific measures taken at central and local government levels to raise awareness about discrimination based on social origin in employment and occupation. Recalling that continuous measures are required to put an end to discrimination in employment and occupation due to real or perceived membership of a certain caste and noting the absence of specific information on the impact of the various schemes and measures, except for the implementation of the quota system, the Committee asks the Government to undertake a comprehensive assessment of the progress made to date in addressing caste-based discrimination in employment and occupation. It also asks the Government to identify the additional measures needed in order to advance equality of opportunity and treatment for all men and women, irrespective of social origin and to provide information in this respect. This information should include the results of any study conducted by the National Commission for Scheduled Castes with regard to education, training, employment and occupation. The Committee also asks the Government to step up its efforts to raise public awareness of the prohibition of caste-based discrimination and to provide information on the specific measures taken to this end, including steps taken in cooperation with the social partners. The Government is also asked to continue to provide information on the affirmative action measures adopted in the private sector to combat caste-based discrimination and to promote equality of opportunity and treatment, irrespective of social origin, and on their impact. Noting the Government’s indication that the implementation of the quota system for Dalit Muslims and Dalit Christians has been brought to the attention of the Supreme Court, the Committee further asks the Government to provide information on any progress made on this matter.
Manual scavengers. The Committee refers to its previous observations in which it asked the Government to take vigorous and comprehensive steps to put an end to the continuing degrading and inhumane practice of manual scavenging and welcomed the adoption of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act 2013 (MS Act, 2013). The Committee notes that in December 2013, the Prohibition of Employment as Manual Scavengers and their Rehabilitation Rules (MS Rules, 2013) were also enacted. Concerning the implementation of the Act, the Committee notes the Government’s indication that the Ministry of Social Justice and Empowerment has been holding review meetings with the concerned states and UT administrations with a view to raising awareness about the problem of manual scavenging; outlining the actions that need to be taken under the various provisions of the Act, and assessing the actions taken so far. The Government has also informed the Committee that a survey on manual scavengers in statutory towns has been completed in 27 of the 35 states/UTs and action is being taken to gather information on the rehabilitation needs of the identified scavengers and their dependants. The Committee notes that all manual scavengers, irrespective of their caste and religion, are eligible for the rehabilitation assistance under the Act, as specified in rule 11(22) of the MS Rules 2013. The Government also indicates that the manual scavengers who left their jobs prior to the coming into force of the Act can access concessional loans for self-employment and training under the schemes of the National Safai Karamcharis Finance and Development Corporation. The Committee, however, also notes that, according to the report of the UN Special Rapporteur on minority issues, the practice of manual scavenging persists despite the adoption of the Act, and is institutionalized through state practice, with local governments and municipalities employing manual scavengers (A/HRC/31/56, 28 January 2016, paragraph 72). The Committee asks the Government to step up its efforts in order to ensure the full application of the MS Act 2013, in practice, and to provide comprehensive information on the steps taken to this end, including detailed information, disaggregated by sex, on the number of persons who are benefiting or have benefited from the rehabilitation measures provided for under the Act, and their impact. The Committee also asks the Government to provide information on the results of the assessments made concerning the actions taken so far by the states/UTs and to supply the results of the survey on manual scavengers in statutory towns where already completed. The Committee again asks the Government to provide information on the activities of the district and state and central level vigilance and monitoring committees, district magistrates and inspectors as regards the application of the Act, and on the number and nature of offences registered, investigations and prosecutions instigated, and penalties imposed on private and public bodies. The Government is also asked to supply information on the impact of the National Safai Karamcharis Finance and Development Corporation scheme on the rehabilitation of manual scavengers who ended this activity before the entry into force of the MS Act 2013.
Equality of opportunity and treatment between women and men. The Committee notes that in its concluding observations the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) has expressed concerns about the declining participation of women in the labour force, both in rural and urban areas, and the fact that women own only 9 per cent of land (CEDAW/C/IND/CO/4-5, 24 July 2014, paragraph 28). The Committee notes from the Government’s report that, according to data for 2011–12, nearly 75 per cent of women in rural areas were engaged in agriculture, 10 per cent in manufacturing and 6.6 per cent in construction works. With regard to urban areas, according to the same set of data, 53 per cent of women were engaged in services and 29 per cent in manufacturing. The Committee notes the Government’s indication that under the 12th Five-Year Plan (2012–17) the Ministry of Women and Child Development is implementing a specific scheme to support training and employment for women (STEP programme). The Committee again asks the Government to identify the specific steps taken to promote equality of opportunity and treatment between men and women in employment and occupation, including improving access to land, credit and other material goods needed to engage in an occupation, and on their impact. The Committee is also asked to supply specific information on the impact of the STEP programme and other relevant schemes, including the National Rural Livelihood Mission, in advancing gender equality and addressing occupational gender segregation. The Committee also asks the Government to provide updated statistical information on the participation of men and women in employment and occupation, according to sector and employment status, in order to monitor progress over time.
The Committee is raising other matters in a request addressed directly to the Government.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

C111 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
The Committee notes the observations by the Garment Labour Union (GLU), dated 8 October 2015.
Legislative developments. The Committee notes that, in the context of the current consolidation of existing labour laws into four codes, the Equal Remuneration Act, 1976, among others, will be repealed and its non-discrimination provisions will be replicated in the various codes. The Committee asks the Government to ensure that the principle of the Convention is fully reflected in the new legal provisions. These should define and prohibit direct and indirect discrimination in all aspects of employment and occupation with respect to all the grounds set out in the Convention. The Government is asked to provide copies of the codes once they are adopted.
Article 2 of the Convention. Equality of men and women with respect to vocational training. The Committee notes the information provided by the Government on the training programmes offered through the National Vocational Training Institute (NVTI) and the Regional Vocational Training Institutes (RVTIs) which, together, in 2015–16 trained 7,324 women in fields such as secretarial practice, stenography, electronics, mechanics, computer operation, dressmaking, cosmetics and fashion design technology, among others. The Government also indicates that the participation of women under the Mahatma Gandhi National Rural Development Guarantee Act (MGNREGA) has further increased compared to the last three years. It also refers to the adoption of supportive measures, including the provision of crèches at the workplace, which are being promoted. The Committee further notes from the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) that the school drop-out rate among adolescent girls is as high as 64 per cent (CEDAW/C/IND/CO/4-5, 24 July 2014, paragraph 26). Recalling that the Committee previously noted that many of the trades and skills offered to women by the network of the NVTI and RVTIs tend to lead to jobs and occupations traditionally considered “suitable” for women, the Committee asks the Government to provide information on the steps taken with a view to broadening the range of training programmes available to women and to ensuring that the courses offered are free from considerations based on stereotypes or prejudice. The Committee also asks the Government to provide information on any measures adopted or envisaged to promote and ensure girls’ access to education and on the practical impact of the training programmes implemented on women’s access to employment and occupation. It is also requested to provide information, disaggregated by sex, on participation rates in the various vocational training courses offered by the NVTI, the RVTIs and industrial training institutes.
Article 1(1)(a). Discrimination based on social origin. Sumangali practice. The Committee notes that the GLU refers to the “Sumangali” scheme, also known as the “marriage assistance system” in the State of Tamil Nadu, whereby young women from Dalits or other low-caste communities from rural areas, mostly between the ages of 15 and 18, are recruited for three to five years to work in the spinning mills. The GLU alleges that the “Sumangali” practice amounts to discrimination on the ground of social origin since young women from Dalits or other low-caste communities are “targeted” under the scheme because of their vulnerability related to their poor socio-economic background and that of their parents. The GLU indicates that there currently are 1,600 mills in Tamil Nadu with a workforce of over 400,000 persons, 60 per cent of whom are girls and young women vulnerable to the practice of the Sumangali scheme. The GLU also indicates that the Tamil Nadu High Court has found the Sumangali practice to be unlawful and has asked the authorities to take steps to abolish the system and regularize the services of the women workers affected. The Committee notes from the Government’s response to the observations made by the GLU with respect to the Forced Labour Convention, 1930 (No. 29), that the Scheme was abolished in 2007. The Committee asks the Government to provide information on all steps taken to ensure that there is no direct or indirect discrimination based on caste and sex, in law and practice, against young women from Dalits or other low-caste communities from rural areas.
Discrimination on the basis of social origin (untouchability). Enforcement. The Committee notes that the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the POA Act), has been amended by the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. The Amendment Act incorporates new offences, such as intentionally touching a scheduled caste (SC) or scheduled tribe (ST) woman in a sexual manner without her consent; or dedicating an SC or ST woman as a devadasi to a temple; or compelling an SC or ST woman to dispose of or carry human or animal carcasses, or to undertake manual scavenging. The Act also provides for the establishment, at the district level, of exclusive special courts mandated to hear the offences listed under the Act with a view to ensuring that cases are concluded within two months. The Committee notes from the statistical information provided by the Government on the enforcement of the Protection and Civil Rights Act, 1955 (the PCR Act) and the POA Act that the number of pending cases before the courts under both Acts remains high. In 2014, 89.9 per cent of cases concerning the PCR Act and 85.3 per cent of cases under the POA Act were pending. The Committee also notes that very few cases resulted in a conviction under both the PCR and POA Acts (in 2014, 6.2 and 28.9 per cent respectively). The Committee asks the Government to provide information on the practical application of the POA Amendment Act, 2015, including statistics on the number and outcome of the cases handled by the special courts. It is also requested to continue supplying information on the practical application of the PCR Act and on any measures adopted to address the backlog and delays in processing the cases filed. The Committee also asks the Government to identify the measures adopted or envisaged to raise awareness and build the capacity of the judiciary, public prosecutors and the police with a view to strengthening the enforcement of both Acts.
Article 1(1)(b). Discrimination on the basis of HIV status. The Committee notes the updates provided by the Government concerning the HIV/AIDS (Prevention and Control) Bill, which sets out to address discrimination related to HIV and AIDS, and asks the Government to continue providing information on any further development.
Enforcement. The Committee notes with interest the judgment delivered in 2014 by the Supreme Court in the case National Legal Services Authority v. Union of India (SCC 438), in which the Court recognized that discrimination, violence and prejudice based on a person’s gender identity violates India’s constitutional provisions relating to equality. The Committee notes that the Court ordered the State to include transgender persons within the categories eligible for various affirmative action schemes. It further notes from the Government’s report to the United Nations Working Group on the Universal Periodic Review that, in 2016 the Transgender Persons (Protection of Rights) Bill, 2016, was introduced in the Lok Sabha. The Bill aims to protect transgender persons from violence and discrimination and provides for equal opportunities in education, employment and residence (A/HRC/WG.6/27/IND/1, 23 February 2017, paragraph 145). The Committee asks the Government to provide information on any action taken to follow up the judgment of the Supreme Court and to indicate any developments concerning the Transgender Persons (Protection of Rights) Bill.

C142 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 1 and 2 of the Convention. Formulation and implementation of education and training policies. Coordination with employment. In response to the Committee’s 2017 direct request, the Government indicates that the Skill India Mission provides the institutional framework for scaling up skills development efforts across the country. In this regard, the Committee notes that, according to the Decent Work Country Programme (DWCP) 2018–22, approximately 460 million people in India require upskilling or reskilling and only 17 per cent of jobseekers possess a diploma or a certificate in technical courses. The Skill India Mission seeks to train at least 400 million skilled workers by 2022, with support from central and state government agencies and with the active engagement of the private sector. In this context, the Government also refers to the Pradhan Mantri Kaushal Vikas Yojana (PMKVY) certification scheme of the Ministry of Skill Development and Entrepreneurship (MSDE). The Government adds that there are more than 2,000 industry-oriented job roles aligned with the National Skills Qualification Framework (NSQF) that are made available with the active engagement of industries. The Committee notes that, according to the National Policy for Skill Development and Entrepreneurship 2015, at least 25 per cent of higher education institutes in India are to offer courses related to developing specialized skills at an appropriate NSQF level to facilitate horizontal and vertical mobility. In the context of apprenticeships, the Committee notes that, according to the National Apprenticeship Promotion Scheme (NAPS), it is anticipated that the engagement of apprentices will be increased to 50,000 persons by 2020. The Government indicates that skills development training is delivered by expert training partners affiliated with the National Skills Development Corporation (NSDC), or Sector Skill Councils (SSC). The PMKVY training centres provide short-term training, aligned with the NSQF, to candidates that are either school leavers or unemployed. The centres also provide training in soft skills, entrepreneurship, and financial and digital literacy. After completing training, candidates are assessed and, if successful, are offered placement assistance. The training and assessment fees are covered by the Government. The Committee notes the Government’s indication that the training partners are required to ensure a 70 per cent candidate placement rate. In addition, persons with prior learning experience or skills are assessed and certified under the recognition of prior learning (RPL) component of the PMKVY scheme. The Government adds that the MSDE intends to establish aspirational Model Training Centres (Pradhan Mantri Kaushal Kendras (PMKKs)) in every district across the country, to create a sustainable institutional model for competency-based skills development training. The Committee notes the Government’s indication that it has taken steps to make the Skill India Mission more inclusive, by ensuring the participation of disadvantaged groups, including women, persons belonging to the scheduled castes and scheduled tribes and persons with disabilities. The Government has placed a focus on training women, highlighting that women made up almost 46 per cent of the total number of participants in all training conducted from 2016–18. The Committee also notes that, out of almost 7 million people (6,919,661) trained, approximately 20 per cent were members of the scheduled castes and scheduled tribes. The Committee requests the Government to provide updated detailed information, including statistics disaggregated by age, sex, social origin and region, on the impact of the vocational guidance and vocational training policies and programmes which have been adopted. The Committee further requests the Government to provide information on the manner in which it promotes effective access to vocational guidance and training for all workers who may require upskilling or reskilling as a result of the changing needs of the labour market. It also requests the Government to provide information on the results of measures implemented with regard to integration of skilling with higher education as well as on the impact of the NAPS. The Committee requests the Government to provide information on the impact and the number of PMKKs that have been established and on the manner in which the training partners ensure the 70 per cent candidate placement rate within the training framework provided by the PMKVY training centres. In addition, the Committee reiterates its request that the Government indicate the manner in which the Ministry of Skill Development and Entrepreneurship ensures effective coordination between vocational education and training policies and programmes on the one hand, and employment (through the public employment services) on the other.
Article 1(5). Equality of opportunity. The Committee notes with interest the information provided by the Government on the different training programmes targeting disadvantaged groups, including women and young persons, those belonging to the scheduled castes and scheduled tribes, persons with disabilities, those belonging to nomadic and de-notified nomadic tribes and transgender persons. The Government refers to the Affirmative Action division created by the NSDC, which focuses on the inclusion of diverse communities by facilitating the promotion of skills training among members of marginalized communities and fostering cooperation to this end between companies, governments and industry leaders. It also refers to the Skill Council for Persons with Disabilities (SCPwD), which seeks to increase access to training for persons with disabilities. The Common Norms, the gazette notification of the Government, has provided incentives such as funding for skilling persons with disabilities, covering the cost of assistive devices and post-placement support. In addition, a skills training programme for manual scavengers and “safai karamcharis” aims to provide these workers with a dignified livelihood by enabling them to develop their skills and facilitating their creation of local enterprises. Job counselling and post-training services are provided to persons belonging to nomadic and de-notified nomadic tribes. The Department of Social Justice and Empowerment has adopted the NSQF and is providing skills training in vocational and job-oriented courses through vocational institutes to enhance the employability of young persons living below the double poverty line who belong to the scheduled castes. The Government indicates that consultations have been held with various stakeholders, including the disadvantaged groups concerned, to understand their challenges and develop tailored solutions. The SSCs have also met to consult on ways to increase numbers of persons from marginalized communities in skills development programmes. The Government indicates that in 2017–18, 15,910 persons were trained by the National Scheduled Castes Finance and Development Corporation (NSFDC) and 8,532 of these (53 per cent) were placed in employment. Rates are lower for the 9,285 persons trained by the National Safai Karamcharis Finance and Development Corporation (NSKFDC), out of which 3,907 persons (42 per cent) were placed in employment. Recognizing the need to break stereotypes and provide training for women in non-traditional jobs where they are under-represented, the Government has provided skills training to women in an estimated 200 jobs located in 32 sectors, including in the healthcare, automotive, retail, tourism, electronics and hardware sectors. To make training more accessible and reduce drop-out rates, women are provided transport costs and post-placement support. Noting the discrimination encountered by transgender persons, an NSQF-aligned training initiative for transgender communities was launched in Kolkata and Mumbai in association with transgender-led organizations. Given that a majority of those belonging to disadvantaged groups have low literacy levels, a Functional Literacy Module has been developed to provide functional literacy in skills such as basic reading, writing, mathematics, digital literacy and work etiquette. In 2017–18, 47,475 minority women received training under the “Nai Roshni” scheme for Leadership Development of Minority Women. The Government also refers to the “Seekho aur Kamao” (Learn and Earn) programme, a placement-linked skills development scheme for minority youth. The Committee notes that an evaluation of the scheme covering eight states showed that more than 85 per cent of trainees covered by the scheme from 2013–16 were placed in employment. The Committee requests the Government to continue to provide up-to-date information on the outcomes of the vocational training, self-employment schemes, and other vocational education and training measures aimed at enhancing the employability of women – including minority women – as well as young persons, those belonging to the scheduled castes and scheduled tribes, persons with disabilities, transgender persons and other disadvantaged groups that encounter barriers to accessing and remaining in the labour market. The Committee further requests the Government to provide information on the implementation and impact of the NSQF-aligned training initiative for transgender communities implemented in Kolkata and Mumbai. In addition, the Committee requests the Government to provide information on the outcomes of the consultations held with the disadvantaged groups, including the needs and solutions identified in the process, and on the activities of the SSCs within the framework of facilitating access to skills development programmes for persons from marginalized communities.
Article 3. Vocational guidance information. The Government indicates that vocational guidance, job matching and counselling are provided to a broad category of job seekers, ranging from unskilled workers to skilled professionals, through the National Career Service (NCS) portal. Moreover, 25 NCS centres for scheduled castes and scheduled tribes, as well as 21 NCS centres aimed at workers with disabilities have been launched to provide vocational training, guidance and counselling to these groups. The Committee notes that state governments provided further vocational guidance to disadvantaged groups through three special exchanges for scheduled castes and scheduled tribes, 42 special exchanges for workers with disabilities and five special employment exchanges for women. The Committee requests the Government to provide detailed updated information on the impact of measures adopted and implemented by the Ministry of Skill Development and Entrepreneurship with regard to skills development and vocational guidance, particularly for disadvantaged groups. The Committee also once again requests the Government to supply copies of the information made publicly available in the context of vocational guidance and counselling and to provide information on vocational guidance measures taken or envisaged by central ministries and agencies as part of the national strategy.
Article 4. Vocational training and lifelong learning. In response to the Committee’s previous comments, the Government indicates that no updated information is available concerning measures adopted by the Industrial Training Institutes, or on measures related to vocational training. The Committee reiterates its request that the Government provide information, disaggregated by age, sex and specific group of worker, such as scheduled castes and scheduled tribes, on the impact of the measures adopted by the Industrial Training Institutes. It also requests the Government to provide detailed information on the measures adopted or envisaged to ensure that vocational training programmes cover different fields of the economy and are adapted to the changing requirements of individuals throughout their lives and to the changing needs of the labour market.
Article 5. Cooperation with employers’ and workers’ organizations. In its previous comments, the Committee requested the Government to indicate the manner in which effect is given to Article 5 of the Convention. Noting that the Government has provided no information in this respect, the Committee therefore reiterates its request that the Government communicate updated information regarding the manner in which it is ensured that the formulation and implementation of vocational guidance and vocational training policies and programmes are carried out in cooperation with employers’ and workers’ organizations and other interested bodies, as required under the Convention.

C185 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee takes note of the third report of the Government on the application of the Convention. The Committee notes that the 2016 amendments to the annexes of the Convention entered into force for India on 8 June 2017. The Committee recalls that these amendments aim at aligning the technical requirements of the Convention with the latest standards adopted by the International Civil Aviation Organization (ICAO) with respect to the technology for seafarers’ identity documents (SIDs) provided for in the Convention. In particular, they intend to change the biometric template in seafarers’ identity documents from a fingerprint template in a two-dimensional barcode to a facial image stored in a contactless chip as required by ICAO Document 9303.
The Committee notes that according to the information submitted by the Government in its report and the more recent data published in the Indian press, the issuance of SIDs in accordance with the requirements of Convention No. 185, as amended in 2016, started in April 2019. The Committee welcomes the efforts undertaken by the Government to implement the Convention including through the adoption of the Merchant Shipping (Seafarers’ Biometric Identity Document) Rules, 2016, and several Directorate General of Shipping Circulars and Merchant Shipping Notices. The Committee further notes that the Government has provided a specimen of the new SID. The Committee requests the Government to address the issues raised below and to provide updated information on the issuance of the new SIDs and the database requirements.

Articles 1–4 of the Convention. Seafarers’ identity documents.

The Committee notes the Government’s indication that the definition of “seafarer” for the purposes of the Convention is the same as the definition used in the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Government further indicates that SIDs shall be issued to seafarers in possession of a valid Continuous Discharge Certificate (CDC) issued by the Government of India (Rule 5 of the Merchant Shipping (Seafarer’s Biometric Identity Document) Rules, 2016). Such seafarers, if working on commercial maritime fishing shall also be in possession of a SID. The Committee notes that the eligibility for obtaining a CDC is subject to the conditions prescribed under Rule 4 of the Merchant Shipping (Continuous Discharge Certificate) Rules, 2017, including being medically fit, having completed five basic familiarization courses on personal safety and first aid, having passed Tenth Standard (secondary school certificate), and being not less than 18 years old. The Committee understands that the requirement of having a secondary school certificate has now been waived for certain seafarers. Recalling that under Article 1, paragraph 1, of the Convention the term seafarer means any person who is employed or is engaged or works in any capacity on board a vessel ordinarily engaged in maritime navigation, the Committee requests the Government to indicate how it ensures that any Indian seafarer within the meaning of the Convention that makes an application to that effect, is issued a seafarers’ identity document.
The Committee notes that Rule 7 of the Merchant Shipping (Seafarer’s Biometric Identity Document) Rules, 2016, provides that the maximum validity of a SID shall be for a period of ten years, subject to renewal after the first five years. However, Rule 8 provides that SIDs may be renewed after the first five years of issuance on a request from the holder for a further period up to ten years at a time, which seems to create a situation where the validity of this document could be extended to 15 years. The Committee recalls that the maximum validity of a SID shall in no case exceed ten years, subject to renewal after the first five years (Article 3, paragraph 6). The Committee requests the Government to indicate the measures taken or envisaged to give full effect to this requirement of the Convention. In addition, given the absence of information on this point, the Committee requests the Government to indicate how it ensures that seafarers have convenient access to machines enabling them to inspect any data concerning them that is not eye-readable, as required by Article 3, paragraph 9, of the Convention.
Article 5 of the Convention. Quality control and evaluations. The Committee notes the Government’s indication that, according to Article 5, paragraph 4, of the Convention, an evaluation of the system has been carried out by Standardization, Testing and Quality Certificate (STQC), an independent organization under the Ministry of Communication and Information Technology. The Committee encourages the Government to transmit a copy of the independent evaluation once it has been completed to the Director-General of the International Labour Office in accordance with the arrangements adopted by the ILO Governing Body detailing the procedures for the approval and maintenance of the list of Members which fully meet the minimum requirements for the issuance of SIDs.
Article 6 of the Convention. Facilitation of shore leave, transit and transfer of seafarers. The Committee notes that, in relation to the implementation of Article 6, the Government refers to a number of immigration laws and measures, including the Standard Operating Procedures issued by the Bureau of Immigration Headquarters, without however providing the relevant texts. The Committee requests the Government to provide detailed explanations on how it gives effect to Article 6 of the Convention and to provide a copy of the applicable laws and regulations indicating the relevant provisions.
Article 7 of the Convention. Continuous possession and withdrawal. The Committee notes that the available Rules and other measures in force do not give effect to Article 7, paragraph 1, of the Convention, which provides that the SID shall remain in the seafarer’s possession at all times, except when it is held for safekeeping by the master of the ship concerned, with the seafarer’s written consent. The Committee requests the Government to indicate how it gives effect to this requirement of the Convention.
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