Demande directe (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Inde (Ratification: 1960)

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

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

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

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

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

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

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

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

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