A Socio Legal Study on Equal Pay for Equal Wo...

A Socio Legal Study on Equal Pay for Equal Work In India

Author Name : Kaliselvi K, Venkatesh G

ABSTRACT

‘Pay Gap’ or unequal pay is an issue which has become a matter of concern these days due to an increase in the instances of discriminatory pay scales for the same type of work. India still lacks a comprehensive and transparent wage policy for all the sectors of the economy. This makes the issue of potential demand for equal pay a matter of concern in recent times. Equal pay here relates not only to basic pay but includes other benefits and allowances too. Every human being, who does any work, expects and deserves a remuneration which should be in par with the work and it should be equal for all those who are doing the same job. Fair enough, if there are two people doing the same job, they should get the same kind of reward for it. This is a principle of natural justice which is embedded in the Article 39 of the constitution as a Directive principle of state policy. It is sheer discrimination if equal wages aren’t given for equal work. There have been quite a few significant surveys in the recent past that have attempted to throw light on the existing difference between men and women in pay scales. The findings of one such survey conducted by the International Labour Organisation (ILO) in 2017, for instance, point to the extreme levels of disparity in wages for women in India. The survey, quite clearly, reflected that men earn more than their women counterparts for similar jobs. The gap in many cases is as staggering as 30 per cent. There have been multiple laws to protect the right of equal pay for both the genders, but it needs to be strengthened. Only Policy changes can help to achieve equal pay.

Keywords: Equal pay, Equal work, Wage gap, Equality, Legislations, Case laws.