EQUAL PAY FOR EQUAL WORK IN INDIA: A CONSTITUTIONAL AND LEGISLATIVE PERSPECTIVE

Abstract

Equality is a basic human right that should not be restricted based on ‘gender’, ‘race’, or ‘caste’. Employment opportunities must not be influenced by sex. For every individual to live a dignified life with fair compensation, access to employment is essential. The motto of the ILO is “Decent work for a decent life” for workers, which aims to prevent ‘wage discrimination’ between men and women; to support this, the ILO established the “Equal Remuneration Convention” in 1951, which is designated as Convention No. 100. In India, the spirit of this convention is reflected in Article 39(d) of the Constitution. Furthermore, the “Equal Remuneration Act of 1976” was enacted by the Indian Parliament in 1976. Despite the various ILO conventions and the incorporation of these principles into the “Directive Principles of State Policy” and “fundamental rights” of the Indian Constitution along with the enactment of the Indian Act, the pay gap between genders has not diminished to the expected level. In this article, the researcher will explore international conventions, national legislations, and judicial interpretations aimed at eliminating gender discrimination in terms of “equal pay for equal work”.