Equal Pay for Equal Work a Fundamental Right in India?

Introduction

The principle of “equal pay for equal work” stands as a cornerstone of social justice and economic equality. It aims to eradicate wage disparities caused by irrelevant factors such as gender, caste, or employment type. Rooted in the concept of fairness, this principle ensures that individuals performing similar roles are compensated equitably for their efforts and contributions.

Constitutional Provisions on Equal Pay

The Indian Constitution lays the foundation for equality and justice. While “equal pay for equal work” is not explicitly a fundamental right, it is inferred through several provisions:

Article 14: Right to Equality

This guarantees equality before the law and protection from arbitrary discrimination. It lays a broad foundation for fairness, indirectly supporting the notion of equal pay for similar work.

Article 15: Prohibition of Discrimination

This prohibits discrimination based on religion, race, caste, sex, or place of birth, further reinforcing the principle of equitable treatment in employment.

Article 16: Equality in Public Employment

It ensures equal opportunity in public sector jobs and prohibits discrimination, aligning closely with the principle of equal pay for equal work.

Article 39(d): Directive Principles of State Policy

This explicitly directs the state to ensure equal pay for equal work for both men and women. Although non-justiciable, it guides policymaking aimed at achieving this principle.

Also Read: Financial Relations Between the Union and States in India

Landmark Judicial Interpretations

Indian courts have played a pivotal role in interpreting and enforcing the following principles:

Randhir Singh vs Union of India (1982)
The Supreme Court held that “equal pay for equal work” is an enforceable right derived from Articles 14 and 16, emphasizing it as a constitutional goal.

Dhirendra Chamoli vs State of U.P. (1986)
Recognized daily wage workers’ right to equal pay for performing similar work as regular employees.

State of Punjab vs Jagjit Singh (2016)
Affirmed that temporary, contractual, and daily wage workers are entitled to equal pay if their work is equivalent to that of permanent employees.

State of Madhya Pradesh vs R.D. Sharma (2022)
Clarified that while the principle is a constitutional goal, it is not an absolute fundamental right but enforceable under specific circumstances.

Legislative Measures

Equal Remuneration Act, 1976

This Act addresses gender-based wage discrimination, mandating equal pay for men and women performing the same or similar work.

Code on Wages, 2019

It consolidates previous laws and extends the principle to all forms of discrimination, ensuring broader applicability across industries and employment types.

Other Supporting Acts

• Minimum Wages Act, 1948: Prevents exploitation by ensuring fair baseline wages.
• Contract Labour (Regulation and Abolition) Act, 1970: Regulates the treatment of contract workers, impacting wage fairness.

Challenges in Enforcement

Despite the legal framework, several challenges hinder full implementation:

1. Informal Sector Dominance: The vast unregulated informal sector often escapes the purview of wage laws.
2. Gender Pay Gap: Societal norms and occupational segregation perpetuate disparities despite legal protections.
3. Weak Enforcement Mechanisms: Limited inspections and penalties allow non-compliance.
4. Lack of Awareness: Many workers, especially in rural and informal sectors, remain unaware of their rights.

Bridging the Gap

To realise the principle of equal pay for equal work, India must:

• Strengthen enforcement mechanisms with stringent penalties for violations.
• Promote awareness campaigns to educate workers about their rights.
• Address systemic issues like occupational segregation and undervaluation of certain jobs.
• Focus on formalizing the informal sector to bring it under the ambit of wage laws.

Conclusion

While not explicitly a fundamental right, “equal pay for equal work” has evolved into an enforceable constitutional goal in India through judicial interpretation. Legislative measures like the Equal Remuneration Act and the Code on Wages further bolster its implementation. However, significant efforts are required to overcome practical challenges and ensure fair compensation for all workers.

FAQ

1. What does the principle of “equal pay for equal work” mean?

The principle of “equal pay for equal work” ensures that individuals performing similar tasks and duties should receive the same compensation, regardless of factors like gender, caste, or employment type. This principle aims to eliminate wage discrimination and promote fairness in the workplace.

2. Is equal pay for equal work a fundamental right in India?

While the Indian Constitution does not explicitly mention equal pay for equal work as a fundamental right, it is inferred from Articles 14 (Right to Equality) and 16 (Equality in Public Employment). The principle is also enshrined in Article 39(d) of the Directive Principles of State Policy, which directs the state to ensure equal pay for equal work for men and women.

3. How is “equal pay for equal work” enforced in India?

Equal pay for equal work is enforced through various laws like the Equal Remuneration Act, of 1976, and the Code on Wages, 2019. These laws mandate equal pay for similar work regardless of gender or employment type. However, enforcement remains a challenge due to issues like lack of awareness, the informal sector, and weak monitoring mechanisms. Judicial interpretations have also played a role in upholding this principle in specific cases.

Reference: legalserviceindia