Solicitud directa (CEACR) - Adopción: 1998, Publicación: 87ª reunión CIT (1999)

Convenio sobre la discriminación (empleo y ocupación), 1958 (núm. 111) - India (Ratificación : 1960)

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

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

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

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

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

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

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