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

Further to its observation, the Committee requests the Government to provide information on the following points.

1. Articles 1 and 2 of the Convention. Discrimination based on social origin.  The Committee requests the Government to provide copies of the annual reports of the National Commission forSafai Karamcharis for the last five years. Please also provide copies of the annual reports of the National Commission for Scheduled Castes and Tribes for the last five years.

2. Sexual harassment. The Committee notes the Government’s statement that the Supreme Court’s ruling relating to the prevention of sexual harassment of women at the workplace has the force of law under article 141 of the Constitution of India and that concerted efforts have been made by the Government to give effect to the guidelines and norms set out in the ruling. With regard to the Government’s statement that Rule 3-C of the Central Civil Service (Conduct) Rules, 1964, as amended, contains adequate provision in regard to sexual harassment against women at work, the Committee would like to reiterate that the rules do not provide for any penalties to be imposed upon the offender; they do not follow the Supreme Court’s recommendations regarding the creation of an appropriate complaint mechanism; and they do not contain provisions protecting women initiating a complaint against possible retaliation. The Committee notes that a draft Sexual Harassment of Women at their Workplace (Prevention) Bill was prepared by the National Commission for Women in 2000 and revised in 2003. Noting the importance of legislation in this area, the Committee requests the Government to provide information on the progress made in the adoption of the Bill. It also asks the Government to provide information on the practical application of the guidelines.

3. Equality of opportunity and treatment of men and women. The Committee has noted the information provided in the last report on the participation of women in the Panchayati Raj Institutions (PRIs) and the training programmes for elected representatives of PRIs, including women. It reiterates its request to be kept informed of the progress made in the adoption of the 81st Constitution Amendment Bill, which provides for the reservation of one-third of the seats in Parliament and State legislatures for women.

4. The Committee takes note of the information provided on the participation of women in various vocational training schemes. It hopes that the next report will continue to contain such information and that it will include data on the participation of women from the scheduled castes and tribes.

5. Please provide copies of the annual reports of the National Commission for Women for the last five years.