amendments to the Hindu Succession Act and the Indian Divorce Act in 2005 and 2001 respectively, widespread gender inequalities,
cultural stereotypes and personal laws of minority groups continue to prevail, affecting negatively the equal enjoyment of economic,
social and cultural rights by women. The Committee notes with concern that, in particular, all the statistical data available before the
Committee indicate the disadvantages disproportionately suffered by women in their enjoyment of economic, social and cultural
rights, in particular, those belonging to disadvantaged and marginalized groups.
17. The Committee is concerned about the weak enforcement of the Pre-conception and Prenatal Diagnostic Technique (Prohibition
of Sex Selection) Act, as amended in 2003, which has resulted in the high rate of abortions of the girl foetus and a skewed sex ratio
which continues to worsen.
18. The Committee notes with concern the disproportionate representation of women in the informal labour market and the
significant gender disparities in wages. The Committee also notes with concern the low representation of women in decision-making.
19. The Committee notes with concern, despite the legal prohibitions in place, including the 1993 Employment of Manual
Scavengers and Construction of Dry Latrines (Prohibition) Act, the 1976 Bonded Labour System (Abolition) Act and the 1986
Child Labour (Prohibition and Regulation) Act, the prevalence of bonded labour, the worst forms of child labour and other
exploitative labour conditions in the State party. The Committee is concerned about the insufficient enforcement of existing labour
legislation at the federal and the state levels, as well as the lack of awareness among employers of the existing rules and standards.
20. The Committee notes with concern that the rapid and sustained economic growth in the State party has not been translated into
employment growth that is sufficiently substantial to ensure compliance with the core obligations under article 6 of the Covenant, as
highlighted in the Committee’s general comment No. 18 (2005) on the right to work.
21. The Committee is concerned that, in spite of the enactment of the National and Rural Employment Guarantee Act in 2006, the
high and increasing rate of unemployment and underemployment persists in the State party, particularly in the rural areas.
22. The Committee notes with concern the weak enforcement of the existing State minimum wages. The Committee is also
concerned that the low levels of wages, particularly in the agricultural sector, are insufficient to provide a decent standard of living for
workers and their families.
23. The Committee is concerned about the numerous requirements of the State party with respect to trade unions, particularly those
in the informal sector, in obtaining collective bargaining licences such as the minimum membership requirement for a union of 100
workers or 10 per cent of the workforce under the 1926 Trade Unions Act, and a complete ban on strikes under the Essential
Services Maintenance Act which does not prescribe an official list of the essential services that falls under its purview. The Committee
also notes with concern that, pursuant to the 1964 Central Civil Services (Conduct) Rule, civil servants’ right to join trade unions and
to strike is severely restricted.
24. The Committee is concerned that, pending the adoption by the Parliament of the Unorganized Sector Worker's Social Security
Bill, workers in the State party, a majority of whom are employed in the unorganized/informal sector, do not currently benefit from
state-administered social security protection.
25. The Committee is deeply concerned about the lack of progress achieved by the State party in eliminating traditional practices
and provisions of personal status laws that are harmful and discriminatory to women and girls, including sati, devadasi, witch-hunting,
child marriages, dowry deaths and honour killings, in spite of the legal prohibitions such as the 2005 Domestic Violence Act, the
1961 Dowry Prohibition Act, the 1982 Prohibition of Dedication Act, the 1939 Child Marriage Restraint Act and the 2006
Prohibition of Child Marriage Act.
26. The Committee is concerned about the exceptionally high incidence of domestic violence against women and children in the State
party, as well as the high proportion of children who are subjected to sexual abuse at home, in spite of the enactment of the
Protection of Women from Domestic Violence Act of 2005. In this regard, the Committee deeply regrets the lax enforcement of the
existing legislation for the protection of victims of domestic violence and the low rate of prosecution for such crimes under Section
498-A of the Indian Penal Code.