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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - India (Ratification: 1960)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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