Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

Article 1(1)(a) of the Convention. Legislative developments. The Committee recalls that, in the context of the consolidation of 29 central labour laws into four codes (i.e. Code on Wages, 2019; Code on Social Security, 2020; Industrial Relations Code, 2020 and Occupational, Safety, Health and Working Conditions Code, 2020), the Government indicated that non-discrimination provisions will be replicated in the various codes. The Committee notes however that only the Code on Wages contains a provision on non-discrimination on the ground of gender (sections 3(1) and 3(2)) that it is only applicable to wages. It further notes that none of the four Codes include a prohibition of discrimination on the grounds listed in the Convention, nor a definition of discrimination and of direct and indirect discrimination. The Committee recalls that where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention (General Survey of 2012 on the fundamental Conventions, paragraph 853). The Committee also refers to its comments under the Equal Remuneration Convention, 1951 (No. 100). The Committee asks the Government to indicate how, in the new legal framework, workers are protected against any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in access to vocational training, access to employment and to particular occupations, and terms and conditions of employment. The Government is asked to indicate when these new codes will come into force and to provide copies of the codes once they are being rolled out nationwide.

Discrimination based on social origin. Sumangali practice. With regard 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 Committee notes that the Government refers in general to the legal provisions in force safeguarding members of Schedules Castes and Tribes. The Committee again asks the Government to provide information on: (i) 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 in respect to access to employment and occupation; and (ii) how the spinning mills are operating now that the scheme has been banned, considering that the majority of the labour force used to be composed of young women from Dalits or other low-caste communities from rural areas, mostly between the ages of 15 and 18.The Committee also refers to its comments under the Forced Labour Convention, 1930 (No. 29).

Article 1(1)(b). Discrimination on the basis of HIV status. The Committee notes with interest the adoption of the HIV and AIDS (Prevention & Control) Act, 2017, which prohibits direct and indirect discrimination in respect of employment and occupation, including the denial of, or termination from, employment or occupation, unfair treatment, and HIV testing as a pre-requisite for obtaining employment, or accessing healthcare services or education or, for the continuation of the same or, for accessing or using any other service or facility (sections 2 and 3). The Committee asks the Government to provide information on the practical application of the HIV and AIDS (Prevention & Control) Act, 2017, including any relevant judicial decisions delivered, and on any measures adopted to promote equality of opportunity and treatment in respect of employment and occupation for persons affected by HIV/AIDS.

Discrimination on the basis of gender identity and sexual orientation. The Committee notes with interest the adoption of the Transgender Persons (Protection of Rights) Act, 2019 which prohibits discrimination against transgenders persons in or in relation to employment and occupation (section 3). The Government furthermore informs about the implementation of the SMILE - Support for Marginalized Individuals for Livelihood and Enterprise scheme, which includes a sub- scheme dedicated to transgender persons. The Committee asks the Government to provide information on the practical application of the Transgender Persons (Protection of Rights) Act, 2019 along with information on the measures taken to promote equality of opportunity and treatment in respect of employment and occupation for transgender persons, including under the SMILE scheme, and their results.

Article 2. Equality of men and women with respect to vocational training. With regard to the Committee previous request for 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 Government refers to various initiatives for the empowerment of women, including some programmes designed to create additional infrastructure both for training and apprenticeship for women and to provide flexible training delivery mechanisms. The Government also indicates that it is promoting women’s participation in non-conventional sectors such as fighter pilots in Indian Air Force, Commandos, Central Police Forces. The Committee asks the Government to provide specific information on the measures taken to promote women’s access to a broader range of vocational training courses, particularly those leading to jobs and occupations in which men have traditionally been employed, and the results achieved in ensuring women’s access and completion of these courses and access to the related jobs. It also reiterates its request for information, disaggregated by sex and if available by castes, on participation rates in the various vocational training courses offered by the National Vocational Training Institute, the Regional Vocational Training Institutes and industrial training institutes.

Enforcement. Concerning the practical application of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 and the Protection and Civil Rights Act, 1955, the Government informs about the creation of a National Helpline against Atrocities against Scheduled Castes and Scheduled Tribes to register grievances and follow up for their redressal at various levels. The Government also conducts national reviews of implementation of the Acts, including timely criminal action, and payment of compensations. The Committee asks the Government to provide information on the results of the latest annual reviews of the implementation of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 and the Protection and Civil Rights Act, 1955. Recalling the backlog and delays previously noted in processing the cases raised under both Acts, the Committee also asks the Government to provide updated information on the number of cases filed with and addressed by the competent authorities under these acts and on the measures taken to ensure prompt remedies. The Committee further reiterates its request for information on 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.