Is Equal Pay for Equal Work a Fundamental Right in India?

The concept of “equal pay for equal work” has long been a point of discussion in labour laws and human rights debates globally. The principle asserts that employees doing the same work under the same conditions should receive equal remuneration, regardless of gender, caste, religion, or any other discriminatory factor. 

However, whether this principle is recognised as a fundamental right in India has been subject to legal interpretations, judicial pronouncements, and debates. This article discusses the Indian constitutional provisions, relevant legislations, and judicial precedents to determine whether “equal pay for equal work” qualifies as a fundamental right.

Understanding the Principle: Equal Pay for Equal Work

The principle of “equal pay for equal work” is primarily a social and economic goal that many nations, including India, strive to achieve. It aims to eliminate wage disparities based on irrelevant factors like gender, caste, or contract status. The idea is rooted in fairness and seeks to ensure that workers are compensated equally for similar efforts and contributions.

Historically, the gender pay gap has been a significant issue worldwide, with women often earning less than men for performing the same jobs. The issue has been prevalent in India as well, despite legislative measures aimed at curbing discrimination. The principle of equal pay extends beyond gender and also covers any form of unjustified wage disparity.

Constitutional Provisions on Equal Pay for Equal Work

The Indian Constitution, which came into force in 1950, lays the foundation for equality and non-discrimination. However, the principle of equal pay for equal work is not explicitly mentioned as a fundamental right in the Constitution. Instead, it appears in Part IV under the Directive Principles of State Policy (DPSP), which are guidelines for the state to apply while framing laws. Let’s explore the relevant constitutional provisions in detail.

Article 14: Right to Equality

Article 14 guarantees the right to equality before the law and equal protection of the laws to every person within India. It prohibits discrimination by the state on arbitrary grounds. This article lays the foundation for equality, suggesting that no person should be treated differently in similar situations, which could be construed to support the principle of equal pay for equal work.

Article 15: Prohibition of Discrimination

Article 15 of the Constitution prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth. This article, though more general in nature, complements Article 14 by ensuring that there is no differential treatment based on irrelevant characteristics, which again implies that people performing the same work should receive equal pay regardless of their background or gender.

Article 16: Equality in Public Employment

Article 16 guarantees equal opportunity in matters of public employment. It ensures that no citizen is discriminated against on grounds of religion, race, caste, sex, descent, place of birth, or residence. The principle of equal pay for equal work, although not expressly mentioned, aligns with the broader theme of equality and fairness in employment opportunities.

Article 39(d): Directive Principles of State Policy

Article 39(d) of the Indian Constitution is part of the Directive Principles and explicitly refers to equal pay for equal work. It directs the state to ensure that men and women receive equal pay for equal work. However, since the Directive Principles are not enforceable by any court of law, the article does not make equal pay for equal work a legally enforceable right. Nevertheless, the DPSP serves as a guiding principles for the state to formulate policies aimed at achieving social and economic justice.

While the Constitution provides a framework for equality, the absence of a direct, enforceable provision under the Fundamental Rights chapter poses the question of whether equal pay for equal work can be considered a fundamental right in practice.

Landmark Cases on Equal Pay for Equal Work

Indian courts have played a significant role in interpreting the principle of equal pay for equal work and its relationship with constitutional provisions. Several landmark cases have shaped the jurisprudence on this issue.

Randhir Singh vs Union of India (1982)

In the landmark case of Randhir Singh v. Union of India, the Supreme Court held that although the principle of equal pay for equal work is not explicitly a fundamental right, it can be deduced from Articles 14 and 16 of the Constitution. The court observed that equal pay for equal work is a constitutional goal and can be enforced in cases of discriminatory practices in pay scales based on unreasonable classifications.

This judgement marked a significant step in recognising equal pay for equal work as an enforceable right, albeit under the broader canopy of Articles 14 and 16, and not as a standalone fundamental right.

Dhirendra Chamoli vs State of U.P. (1986)

In this case, the Supreme Court extended the principle of equal pay for equal work to daily wage workers. The petitioners, who were daily wage earners, argued that they were performing the same work as regular employees but were being paid less. The Court held that they were entitled to the same pay as regular employees for the same work, thereby reinforcing the principle of equal pay for equal work.

State of Punjab vs Jagjit Singh (2016)

In this case, the Supreme Court held that temporary workers, daily wage earners, and contractual employees who perform the same duties as regular employees are entitled to equal pay. The Court emphasised that equal pay for equal work is a fundamental tenet of Article 14 and cannot be disregarded in a welfare state like India. The judgement reinforced the idea that even if the principle is not explicitly mentioned in the Constitution as a fundamental right, it must be treated as one in practice.

State of Madhya Pradesh vs R.D. Sharma (2022)

In a more recent case, the Supreme Court clarified that while equal pay for equal work is a constitutional goal, it is not a fundamental right vested in every employee. The Court emphasised that it is the government’s responsibility to ensure equal pay and judicial intervention is only warranted in cases of glaring injustice or arbitrary actions by the state.

These judgements indicate that while equal pay for equal work is not explicitly recognised as a fundamental right, it is enforceable in certain circumstances, particularly when tied to the broader rights of equality under Articles 14 and 16.

Laws Governing Equal Pay for Equal Work

India has enacted several laws aimed at promoting wage equality and preventing discrimination in remuneration. These laws contribute to the practical enforcement of the principle of equal pay for equal work.

Equal Remuneration Act, 1976

The Equal Remuneration Act, 1976, was enacted to eliminate gender-based discrimination in wage payments. It mandates that men and women performing the same work or work of a similar nature should receive equal pay. The Act also prohibits employers from reducing the wages of male employees to comply with the equal pay provisions, thus ensuring that women’s wages are raised to match men’s wages where disparity exists.

While this law addresses gender-based wage disparity, it does not cover other forms of discrimination, such as disparities based on contract status (temporary vs. permanent employees) or casual vs. regular workers.

Code on Wages, 2019

The Code on Wages, 2019, consolidates several labour laws, including the Equal Remuneration Act, and extends its coverage to include all forms of discrimination in wages, not just gender-based. The Code mandates equal pay for equal work regardless of gender and applies to employees across all industries, public or private. The inclusion of this principle in the Code on Wages represents a significant step towards the legislative enforcement of equal pay for equal work in India.

Minimum Wages Act, 1948

While the Minimum Wages Act does not explicitly deal with equal pay for equal work, it plays a role in ensuring that workers are paid fairly and are not exploited by being paid below the minimum wage. The Act empowers the government to fix minimum wage rates for different employments, which indirectly contributes to addressing wage disparity.

The Contract Labour (Regulation and Abolition) Act, 1970

This Act aims to regulate the employment of contract labour and to abolish unfair labour practices in the hiring of contract workers. Though it does not directly address equal pay for equal work, it does ensure that contract workers are treated fairly, which has implications for wage equality between contract and permanent employees.

Equal Pay and Gender Disparity

One of the most significant areas where the principle of equal pay for equal work applies is gender-based wage disparity. Despite the legislative framework in place, wage inequality based on gender remains a persistent issue in India.

The Global Gender Gap Report 2020 by the World Economic Forum ranked India 112th out of 153 countries in terms of gender equality. The report highlighted the gender pay gap as a critical issue, with women in India earning significantly less than men for similar work. This disparity exists despite the constitutional provisions and the Equal Remuneration Act, indicating the gap between law and practice.

Several factors contribute to the gender pay gap, including occupational segregation, the undervaluation of women’s work, and societal norms that prioritise men’s roles in the workforce. While the principle of equal pay for equal work seeks to address these issues, its enforcement remains challenging in practice.

Challenges in Enforcing Equal Pay for Equal Work

Despite the legislative and judicial recognition of the principle of equal pay for equal work, several challenges hinder its full realisation in India.

Lack of Awareness

Many workers, particularly those in the informal sector, are unaware of their rights regarding equal pay. This lack of awareness, coupled with the absence of strong labour unions in certain sectors, makes it difficult for workers to demand fair wages.

Informal Sector Employment

India’s vast informal sector, which employs a significant portion of the workforce, is largely outside the purview of labour laws like the Equal Remuneration Act and the Code on Wages. This sector often operates without formal contracts, making it difficult to enforce the principle of equal pay for equal work.

Occupational Segregation

Occupational segregation, where certain jobs are dominated by either men or women, also contributes to wage disparity. Jobs traditionally considered “women’s work” are often undervalued and underpaid compared to jobs dominated by men, even when the work is of a similar nature. This segregation perpetuates the gender pay gap despite the existence of laws mandating equal pay for equal work.

Enforcement Mechanisms

While laws like the Equal Remuneration Act and the Code on Wages provide a legal framework for equal pay, enforcement mechanisms remain weak. Inspections and penalties for non-compliance are often inadequate, allowing employers to continue discriminatory wage practices without facing significant consequences.

Judicial Intervention

While the judiciary has played a crucial role in upholding the principle of equal pay for equal work, judicial intervention is often reactive rather than proactive. Courts typically intervene when cases are brought before them, which means that many instances of wage disparity go unaddressed due to the lack of litigation.

Conclusion

The principle of equal pay for equal work, though not explicitly a fundamental right in the Indian Constitution, has been recognised and enforced through a combination of constitutional provisions, legislative measures, and judicial pronouncements. Articles 14, 15, and 16, along with Article 39(d) under the Directive Principles of State Policy, provide a constitutional framework for wage equality. Additionally, laws like the Equal Remuneration Act and the Code on Wages reinforce the principle by mandating equal pay for similar work.

However, the challenges in enforcing equal pay for equal work, particularly in the informal sector and in addressing gender-based wage disparities, remain significant. While judicial interventions have been instrumental in expanding the scope of the principle, the lack of robust enforcement mechanisms and awareness among workers continues to hinder its full realisation.

In conclusion, equal pay for equal work may not be explicitly a fundamental right in India, but it has evolved into an enforceable right through the judiciary’s interpretation of the Constitution’s equality provisions. As India continues to develop economically, further efforts are needed to bridge the gap between legal provisions and practical implementation to ensure that all workers receive fair and equal compensation for their labour.