articles
22, 23 and 24 of its Constitution,
which permitted
detention.
The National
Security
(Amendment) Act authorized
detention
where a threat
existed
to the defence ‘or security
of the careful scrutiny
of such cases by the Supreme Court,
that Indian legislation
did not contravene article
4 of the
preventive
preventive
of India.
In view
there was no doubt
Covenant.
271. Referring to article
355 of the Constitution,
the representative
said
that the Indian Government had reason to believe that the agitation
for
secession in certain border states was being aided and abetted by foreign
elements infiltrating
into Indian territory.
Following reports from those
states, stringent measures
had become necessary in order to protect innocent
people from being killad by terrorists.
272. With reference to that issue, members of the Committee wished to receive
information on the effectiveness
of the special provisions
designed to promote
the advancement of “any socially
and educationally
backward classes of
citizens
or the scheduled castes and the scheduled tribes”;
on the
participation
of members of these groups and of women in the political
and
economic life of the country,
including the percentage of government and
public sector employment at present reserved for such groups: on whether the
classification
of “backwardness” was solely made on the basis of caste;
on
how membership in scheduled castes and scheduled tribes was determined in
individual
cases: and on in which respects, other than in the exercise of
political
rights,
the rights of aliens were restricted
as compared with those
of citizens.
273. In addition,
members wished to know whether any measures had been taken
to combat the tradition
according to which abortion of female foetuses was
promoted in order to encourage families to have male children:
how successful
the amendment to the Equal Remuneration Act had been; and whether there was
any remedy available
for violations
of the provisions of that Act.
274. In his reply,
the representative
of the State party explained that
according to the 1981 census, about 105 million
Indians were members of
scheduled castes, while 54 million were members of scheduled tribes,
The
Government was required by the Constitution
to reserve a certain number of
posta and a certain number of seats in Parliament and in the state
legislatures
for members of scheduled castes and scheduled tribes.
The
Constitution
also provided that the claims of members of scheduled castes or
scheduled tribes should be taken into consideration
in the appointment process
for posts and services in connection with national or state affairs,
Furthermore, a series of five-year
plans for the advancement of “backward”
classes was a priority
element of national policy.
The Scheduled Castes and
Scheduled Tribos (Prevention
of Atrocities)
Act had been enacted following
the
receipt of reports of atrocities
committed against such persons.
275. There had been a progressive
increase in the participation
of women in
India’s economic and political
life.
Womenrepresented 11.5 per cent of the
work force in the public sector and 18 per cent of the work force in the
private sector.
Womenwere legally
entitled
to take qualifying
examinations
for posts in the top echelons of p-ublic administration,
but relatively
few
womenchose to take the examinations,
Although there were no legal obstacles
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