Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Other comments on C111

Observation

Direct Request

Display in: French - SpanishView all

Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes that the Lower House (Lok Sabha) passed the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Bill, 2012, which covers women workers in the organized sector, and workplaces in the unorganized sector where fewer than 10 people are employed, including domestic workers. The Bill defines and prohibits quid pro quo and hostile environment sexual harassment against women (section 2(n) and (o)) and provides for a broad definition of the workplace (section 3). The Bill provides for the constitution of an Internal Complaints Committee by every employer of a workplace (section 4) while section 5 provides for the establishment of a Local Complaints Committee at the district level to receive complaints of sexual harassment from establishments where the Internal Complaints Committee has not been constituted due to having fewer than ten workers or if the complaint is against the employer. Section 19 imposes specific duties on the employer regarding dissemination and publication of the Act, awareness raising and training, and assistance regarding the complaints procedures. Section 24 provides for the development by the Government of information, education and training materials, and the organization of awareness raising programmes to advance the understanding of the public of the Act. Section 26 provides penalties for non-compliance by the employer with the provisions of the Act. However, while acknowledging that the majority of cases of sexual harassment in the workplace are perpetuated by men against women and the passing of the Bill is a major step towards the protection and prevention of sexual harassment in employment and occupation, the Committee regrets that the opportunity has not been taken to broaden the scope of the Bill to also cover sexual harassment against male workers. The Committee asks the Government to provide information on the status of the adoption of the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Bill, 2012, by the Upper House and its publication in the Official Gazette. The Committee asks the Government to give serious consideration to extending the scope of the Bill to male workers, and to provide information on any developments in this regard.

Article 1(1)(b). Discrimination on the basis of HIV and AIDS. The Government understands that an HIV/AIDS Bill is being prepared which prohibits discrimination against persons living with HIV and AIDS in the public sector as well as the private sector. The Committee requests the Government to provide information on any developments regarding the adoption of the HIV/AIDS Bill.