Equal Pay For Equal Work Article

“Equal Pay for Equal Work” forms the core principle of labour rights worldwide. It provides that a person doing equal work should be paid equally without any regard to gender, caste, religion, or any other discriminatory factor. In India, this principle has been given constitutional support and has undergone significant judicial interpretation, legislative framework, and policy initiatives./p>

Historical Context

The principle of equal pay in India evolved within a wider framework of labour rights during the pre-independence period. Equal employment became the focal point of the government through wide ranging legislative measures and constitutional provisions after independence.

The Equal Remuneration Convention (No. 100) was formally adopted in 1951. It entered into force in May 1953. India ratified this Convention in 1958. This Convention formalised the principle for equal remuneration for work of equal value. This was independent of any gender of the employee. By ratifying, India became obligated to ensure equal pay for equal work for men and women.

Legal Framework On Equal Pay for Equal Work

In India, there is a strong and multi-faceted framework of equal pay for equal work under the legal system. It includes constitutional provisions, labour laws, and judicial precedents. These are as follows:

Constitutional Provisions

Under the Indian Constitution, the doctrine of equal pay for equal work is enshrined under the principle of equality as provided under the fundamental rights and the directive principles of state policy. These are as follows:

• Article 14: Stipulates that there should be equality before the law and equal protection of the laws for all citizens.
• Article 15: No person shall be discriminated against on grounds of religion, race, caste, sex, or place of birth.
• Article 16: Equality of opportunity in matters of public employment
• Article 39 (d): State is obligated to ensure that there should be equal pay for equal work, both for men and women.

Legislative Measures

Several labour laws in India enforce the principle of equal pay for equal work:

• Equal Remuneration Act, 1976: This Act is cornerstone legislation of equal pay to men and women. It prohibits any kind of gender discrimination both in relation to remuneration and recruitment.
• Minimum Wages Act, 1948: Although enacted mainly to fix a minimum wage, indirectly it promotes the principle of equal pay by ensuring uniformity of wage standards.
• Factories Act, 1948: Protects workers' welfare and prohibits practising any discriminatory activities.
• Code on Wages, 2019: This legislation has consolidated different laws related to wages and reiterated the principle of equal remuneration without any gender discrimination.

Judicial Interpretations on Equal Pay for Equal Work

Indian courts have significantly contributed to the formulation and implementation of the principle of equal pay for equal work:

Randhir Singh vs. Union of India & Ors. (1982):

In this case, the Supreme Court held that “equal pay for equal work” is not merely an abstract doctrine but one of substance and is deducible from Articles 14, 16, and 39(d) of the Indian Constitution, though not expressly declared to be a fundamental right. The Court ruled that such a principle can be construed applicable in the area of unequal pay scales where there is no rational basis for the existence of such difference, and employees perform identical work for the same employer. The Court further agreed that while determination of posts and pay scales would generally lie within the domain of the Executive Government as well as expert bodies, Courts may intervene in cases where relevant considerations are the same but employees are treated differently solely because of belonging to different departments.

State of Andhra Pradesh & Ors. vs. G. Sreenivasa Rao & Ors. (1989)

The Supreme Court held that paying a junior employee more than a senior employee in the same cadre violates the principle of equal pay for equal work. The Court emphasised that reasonable classification based on intelligible criteria must have a nexus to the object sought to be achieved.

State of Madhya Pradesh vs. Pramod Bhartiya (1992)

The Supreme Court underscored that the doctrine of equal pay for equal work is implicit in the right to equality enshrined in Article 14 of the Constitution. This principle mandates that employees performing similar work under similar conditions should receive equal pay.

State of Punjab & Ors. vs. Jagjit Singh & Ors. (2016)

The Supreme Court expanded the principle to temporary employees, contractual staff, and casual labourers doing the same work as permanent employees.

Challenges In Implementation

Despite having a strong legal framework, equal pay for equal work still faces a number of challenges in India:

• Wage Disparities: Gender-based wage disparities still persist in India. This disparity particularly exists in the informal sectors and rural areas.
• Lack of knowledge: Often, employees are not very much aware of their rights under equal pay laws.
• Weak Enforcement: Monitoring and enforcement mechanisms are relatively weaker in the unorganised sectors.
• Cultural Barriers: Deeply ingrained socio-cultural norms and gender biases prevent equal pay for equal work.
• Judicial Delays: Prolonged litigation in labour disputes delays justice for aggrieved workers.

Government Initiatives

The Indian government has initiated various strategies to address the wage gap disparity and equal pay:

• Skills Development Program: Government has initiated training and skill enhancement programs for women to have access to better paying jobs.
• Digital India Mission: Empowering women with digital literacy and entrepreneurship.
• Self-Help Group: Building rural women's empowerment through skill development and microfinancing.
• Labour Inspections: Strengthening labour inspection mechanisms to enforce equal pay laws.

Global Comparison

India has committed itself equally well to international standards, though large gaps need to be bridged. Countries like Iceland and Sweden have implemented stringent legislations for unambiguity in pay structures, which can become a big lesson for India.

Equal pay for equal work is not just a legal or economic issue; it is a call in the name of human dignity and social justice. India, though doing reasonably well in terms of pieces of legislation and policy-making, requires effective implementation to trace these rights in the real world. It will require an effort to overcome cultural, structural, and institutional barriers so that India could achieve proper wage equality.

Conclusion

The principle of "Equal Pay for Equal Work" is a cornerstone of labor rights that embodies the ideals of fairness, equality, and social justice. In India, this principle is enshrined within the Constitution and reinforced by various legislative measures, including the Equal Remuneration Act and judicial interpretations that highlight its importance. Despite strong legal backing, challenges such as gender-based wage disparities, weak enforcement, and cultural barriers continue to hinder its full implementation. The Indian government’s initiatives aimed at empowering women and strengthening labor inspections are steps in the right direction. However, for India to truly realize wage equality, a concerted effort is required to overcome these challenges, ensuring that the principle is effectively put into practice across all sectors.

FAQs On Equal Pay For Equal Work In India

Here are answers to common questions about equal pay for equal work in India.

Q1. What is the principle of equal pay for equal work?

The principle of equal pay for equal work mandates that individuals performing the same or similar work should receive the same remuneration, irrespective of gender, caste, or other discriminatory factors.

Q2. Which Indian laws support the principle of equal pay for equal work?

The principle is supported by various laws in India, including the Equal Remuneration Act, 1976, the Minimum Wages Act, 1948, the Factories Act, 1948, and the Code on Wages, 2019.

Q3. How has the Indian judiciary interpreted the principle of equal pay for equal work?

Indian courts, such as in the cases of Randhir Singh vs. Union of India and State of Andhra Pradesh vs. G. Sreenivasa Rao, have reinforced the idea that employees performing equal work under similar conditions must be paid equally.

Q4. What are some of the challenges in implementing equal pay for equal work in India?

Challenges include persistent wage disparities, lack of awareness among workers, weak enforcement in unorganized sectors, cultural barriers, and judicial delays in labor disputes.

Q5. What steps has the Indian government taken to address wage disparity?

The government has introduced initiatives such as skills development programs for women, the Digital India Mission, self-help groups for rural women, and strengthening labor inspection mechanisms to ensure compliance with equal pay laws.