Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Discrimination on the basis of social origin

1. In its 2002 observation, the Committee had referred to a communication from the ICFTU dated 2 September 2002 and to the Government’s reply, which had been received during the Committee’s session, on 3 December 2002. The Committee notes that an additional reply was received on 19 December 2002.

2. The communication of the ICFTU referred to the practice of manual scavenging, i.e. the removal of human and animal excreta from public and private latrines and open sewers. Manual scavenging is performed almost exclusively by Dalits (also known as untouchables) and according to government statistics, an estimated 1 million Dalits in India are manual scavengers. Women clean public latrines daily, removing the excrement with brooms and small tin plates and piling it into baskets which are carried on the head to faraway locations. Manual scavengers may also be engaged in underground sewage work, or in cleaning faeces from the railway systems, or in the disposal of dead animals. They work for state municipalities or for private employers. They are exposed to the most virulent forms of viral and bacterial infections, including tuberculosis. They may be paid as little as 12 rupees (US$ 0.30) a day, for unlimited hours. Sometimes, they do not receive their pay.

3. According to the ICFTU, the allocation of labour on the basis of caste is a fundamental part of the caste system. Within the caste system, Dalits, who are considered "polluted" from birth, are assigned, through threats and coercion, tasks and occupations which are deemed ritually polluting by other caste communities, such as scavenging. Refusal to perform such tasks can lead to physical abuse, social boycott and exclusion from any other form of employment. This practice is described as clearly discrimination on the basis of social origin, as defined in Article 1 of the Convention.

4. The ICFTU alleges that, although legislation was enacted in 1993 to prohibit the employment of manual scavengers and the construction of dry latrines and funds exist for the construction of flush latrines and the rehabilitation of scavengers under a government national scheme, the employment of Dalits as manual scavengers continues throughout India. There is a lack of political will at the local level to implement the relevant legislation. Dalits continue to be employed in manual scavenging by the State, through local governments, state municipalities and railways authorities. State governments often deny the existence of manual scavenging and dry latrines within their jurisdiction or claim that a lack of water supply prevents them from constructing flush latrines. There also appears to be a reluctance to prosecute those who employ scavengers or construct dry latrines. There is a National Commission for Safai Karamcharis(the official name for manual scavengers), which only has advisory powers and no authority to summon or monitor cases.

5. The ICFTU submits that the Government of India has failed to fulfil its obligation under Article 2 of the Convention to pursue a policy to eliminate discrimination in employment, and its obligation under Article 3(d) to implement this policy in respect of employment under the direct control of a national authority. It calls on the Government to pursue actively the full implementation of the 1993 Act and to provide details regarding prosecutions and punishments for failure to implement the Act.

6. In its reply dated 2 December 2002, the Government states that the eradication of manual scavenging is a matter of priority concern for the Government of India. It recognizes that manual scavenging still exists in certain pockets, due mainly to unchanged societal structures and mores. In order to resolve the problem of dry latrines, the Government has enacted a central legislation - the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, which came into force in 1997 - and it has made every effort to implement the Act in full earnest.

7. The Government refers to two programmes aiming at converting the existing dry latrines into low-cost flush latrines and providing alternative employment to the liberated scavengers - a centrally sponsored Scheme of Urban Low Cost Sanitation for Liberation of the Scavengers, initiated in 1980-81, and a National Scheme of Liberation of the Scavengers and their Dependants, launched in March 1992. Under these schemes, 37,430 scavengers and 401,257, respectively, have been liberated and 154,767 have been trained under the National Scheme to take up alternative occupations. Furthermore, the Government provides financing to the National Safai Karamchari Finance and Development Corporation, which since its inception in January 1997, has helped 43,764 beneficiaries.

8. The Government considers that the National Commission for Safai Karamcharis has sufficient powers to monitor and advise the Government effectively, and denies that female workers mainly perform manual scavenging in India, as they have been officially estimated as representing only 35 per cent of the total scavengers.

9. In the Government’s additional reply, the National Commission for Safai Karamcharis agrees that manual scavenging is still prevalent in many parts of the country. It states that central as well as state governments are aware of the issue and are endeavouring to eradicate this inhuman practice and refers to a number of other schemes implemented by various ministries in central Government.

10. The Committee notes that in the practice of manual scavenging, persons belonging to a certain social group called the Dalits, are usually engaged on account of their social origin. This constitutes discrimination, as defined in Article 1, paragraph 1(a), of the Convention.

11. The Committee takes note of the Government’s statement that the eradication of manual scavenging in the country is a matter of priority concern for the Government. It notes that the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, punishes the employment of persons for manually carrying human excreta and the construction or maintenance of dry latrines with imprisonment and/or a fine, and that a number of schemes have existed for a number of years for the construction of flush latrines and the liberation and rehabilitation of manual scavengers.

12. The Committee notes with concern that despite those measures, manual scavenging continues to be used in large parts of the country and large numbers of men and women have still to perform degrading tasks by reason of social origin and economic circumstances in inhuman conditions, in contravention of the Convention. The Committee expresses the hope that the Government will step up its efforts to ensure the prompt elimination of this practice and the access of the persons involved to other, more decent, jobs. In particular, the Committee requests the Government:

-  to take measures to ensure that the state, local and railway authorities apply and enforce the prohibitions contained in the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, and that the penalties provided for their violation are effectively imposed (please provide indications on the number of prosecutions engaged and the number and nature of penalties imposed);

-  to evaluate the effectiveness of the existing schemes for the construction of flush latrines and the rehabilitation of manual scavengers, taking into account the reports and recommendations of the competent organs including the National Commission for Safai Karamcharis and the National Commission on Scheduled Castes and Tribes; and

-  to launch and/or expand public awareness programmes for the population and educational and training programmes for the authorities involved, in order to promote the changes in mentalities and social habits which are necessary to bring about the elimination of manual scavenging.

The Government is requested to provide information on the concrete measures taken with regard to these matters.

13. The Committee notes that the practice of manual scavenging is an aspect of the continuing discrimination suffered by the Dalits in Indian society. The Committee is concerned that although "untouchability" was abolished by the Constitution of India in 1950, and a number of programmes have been put in place over the years to promote the economic and social advancement of Dalits (or members of the scheduled castes as they are referred to in the relevant legislation), the pace of progress has been very slow and millions of men, women and children belonging to this social group continue to be relegated to the most menial tasks, without the possibility of moving to other types of jobs or employment. The Committee is aware of the magnitude of the problem and of the constraints faced by the Government in trying to eradicate century-old conceptions and practices. It nevertheless hopes that the Government will make renewed efforts and take further action with a view to eliminating discrimination in employment and occupation for members of the Dalit population and promoting equality of opportunity and treatment for them, and that the next report will contain information on the measures taken, including educational programmes, towards this end.

14. In its previous direct requests, the Committee has sought to ascertain the practical impact of the laws and programmes which have been implemented over the years to reserve a certain proportion of posts in the central and state civil services, and to promote income-generating activities for members of the scheduled castes. The Committee will continue to monitor these laws and programmes and requests the Government to continue to provide information on the results achieved.

Discrimination based on sex

15. In its 2002 observation, the Committee had referred to comments made by the ICFTU pointing to the continuing discrimination against women in employment and occupation, as evidenced by the fact that women constitute only a small minority of the formal workforce, and the wide gap between male and female education. The Committee had acknowledged that, according to the provisional results of the 2001 census, some progress had been made in promoting female literacy since 1991. It expressed the hope that further measures would be taken to consolidate the positive trend and results achieved so far and to address the remaining educational gap between men and women, and requested the Government to provide statistical data on the enrolment of boys and girls, based on the final results of the 2001 census. The Committee had also requested the Government to provide information on the status of the National Policy for the Empowerment of Women, 2001, the agency or agencies responsible for monitoring the projects and programmes aiming at the economic empowerment of women in the informal economy and of self-employed women, and statistics on the labour force participation of women.

16. The Committee notes that the Government’s last report does not provide any new information and merely states that the information requested, including statistics from the 2001 Census, will be supplied as and when it becomes available.

17. The Committee can only hope that the Government will take the necessary measures to provide the information requested in its next report to enable the Committee to ascertain the progress made towards the reduction of the wide inequalities which continue to exist between men and women in regard to access to education and training and employment and occupation.

The Committee is raising certain other points in a request addressed directly to the Government.