Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

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

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

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

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

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

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

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

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

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