Equal Pay for Equal Work means that men and women doing the same or similar work should be paid equally without any discrimination based on gender. It ensures that women are not paid less than men for the same skills, responsibilities, and job roles.
🔹 Constitutional Backing
The Constitution of India guarantees equality at the workplace:
- Article 14: Right to equality before the law.
- Article 15: Prohibits discrimination on grounds of sex.
- Article 16: Equal opportunity in matters of public employment.
- Article 39(d) (Directive Principles of State Policy): Urges the State to ensure equal pay for equal work for both men and women.
🔹 Key Legislation: Equal Remuneration Act, 1976
This Act was passed to provide equal remuneration to men and women workers and prevent gender-based discrimination in recruitment and payment.
Main Features:
- No discrimination in wages for the same work or work of a similar nature.
- No discrimination in recruitment unless law provides otherwise.
- The Act applies to both organized and unorganized sectors.
- Employers must maintain registers of remuneration.
🔹 Penalties for Non-Compliance
If an employer violates the Act, they can face:
- Fine up to ₹10,000
- Imprisonment up to 1 month or both (for repeated offences).
🔹 Gender Inequality at the Workplace: The Reality
Despite the law, gender pay gap remains a serious issue in India. On average:
- Women earn 20–30% less than men for the same work.
- Women are underrepresented in leadership roles.
- Many women face indirect discrimination, such as being offered lower-paying roles.
🔹 Recent Legal Developments and Court Cases
Supreme Court Rulings:
- The Supreme Court has repeatedly upheld the principle of equal pay, stating that temporary or contract workers cannot be denied equal wages if they do the same work as permanent staff.
- In cases involving government departments, courts have ordered arrears to be paid to underpaid female employees.
🔹 International Commitments
India is a signatory to:
- ILO Convention No. 100 – Equal Remuneration Convention
- Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
🔹 Women’s Rights at the Workplace – Beyond Pay
In addition to equal pay, working women in India are entitled to:
- Maternity Benefits (Maternity Benefit Act, 1961)
- Safe Working Environment (Sexual Harassment of Women at Workplace Act, 2013)
- Flexible Working Hours and Crèche Facilities
- Equal Promotion Opportunities
- No discrimination in hiring or transfers
🔹 What Can Be Done?
- Strict enforcement of laws by labour departments.
- Regular audits of pay structures.
- Gender sensitization in workplaces.
- Encourage more women in leadership roles.
- Promote awareness among women employees about their rights.
🔹 Conclusion
Equal pay for equal work is not just a legal right — it’s a matter of social justice, dignity, and economic empowerment for women. While laws exist, there is a need for stronger enforcement, cultural change, and corporate responsibility to ensure that women are treated fairly in every sector of the workforce.
