The value of work must transcend gender in a nation as dynamic and diverse as India. However, one essential principle—equal pay for equal work—continues to encounter opposition despite notable advancements in legislation and public understanding. The Equal Remuneration Act, 1976, ranks as a landmark in India’s labour law history, aiming to bridge the salary gap between men and women. However, how successful has it actually been?
The principle of equal pay for equal work is one of the cornerstones of labour rights today, but its journey has been long and hard-fought. Rooted in the broader struggle for gender equality, the concept has evolved through global movements, constitutional mandates, and landmark legislations—all striving to close the wage gap between men and women.
Understanding the Equal Remuneration Act, 1976
Enacted during a pivotal moment in India’s socio-political journey, the Equal Remuneration Act, 1976, was introduced to prevent discrimination in recruitment and ensure that men and women receive equal pay for equal work or work of a similar nature. The Act mandates:
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- No discrimination in recruitment for the same work.
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- Equal wages for both men and women doing similar tasks.
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- Establishment of advisory committees to promote employment opportunities for women.
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- Powers given to appropriate authorities to enforce compliance.
The Act was a response not just to national inequality, but also to global pressure, as India sought to align with international labour standards set by the ILO (International Labour Organization).
Why the Act Was—and Still Is—Necessary
Despite constitutional guarantees under Article 39(d), which directs the State to ensure equal pay for men and women, reality paints a different picture. Historically, women in India have been paid significantly less than men for the same tasks, especially in labour-intensive industries like construction, agriculture, textiles, and manufacturing.
This disparity is rooted in:
. Stereotypes about gender roles.
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- Informal work arrangements, where legal oversight is weak.
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- Lack of awareness among women workers about their rights.
The Act was thus a legislative push to change both practice and perception.
Challenges in Implementation
While the intent of the Act is clear, the road to enforcement is riddled with hurdles:
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- Informal Sector Domination: A significant portion of India’s workforce is in the informal sector, where contracts are verbal and compliance is low.
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- Lack of Monitoring Mechanisms: Enforcement authorities often lack resources and manpower.
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- Fear of Retaliation: Women often hesitate to report wage discrimination for fear of losing jobs.
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- Loopholes in Defining ‘Same Work’: Employers may argue differences in job roles to justify wage disparities.
Judicial Support and Progressive Interpretation
The Indian judiciary has played a vital role in upholding the principles of the Act. In the landmark case of Mackinnon Mackenzie & Co. Ltd. vs. Audrey D’Costa (1987), the Supreme Court ruled that mere difference in job titles cannot justify wage inequality if the nature of work is fundamentally similar.
Courts have consistently emphasized that functional equality, not job designation, should be the basis for determining remuneration.
The Way Forward
While the Equal Remuneration Act, 1976, laid the groundwork for gender equity in the workplace, the fight is far from over. Here are some necessary steps for meaningful change:
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- Strengthening awareness campaigns targeting both employers and workers.
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- Incentivizing gender-neutral hiring and pay policies.
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- Encouraging unionization and legal literacy among female workers.
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- Introducing stricter penalties and regular audits in wage structures.
Furthermore, with the Code on Wages, 2019, the Equal Remuneration Act has been subsumed under a more consolidated labour framework, reaffirming the commitment to equal pay while streamlining enforcement.
Conclusion
Equal pay is not just a legal issue—it’s a moral imperative. A truly progressive labour industry must ensure that remuneration reflects capability, not gender. The Equal Remuneration Act, 1976, may be decades old, but its relevance remains undiminished. It’s not just about fairness in pay—it’s about dignity, equality, and a future where work is valued equally, no matter who performs it.
The call for equal pay dates back to the early 20th century, closely tied to the rise of labour unions and women’s rights movements. However, it gained serious traction after World War II, when women, having entered the workforce en masse, demanded fair compensation for their contributions.
In 1951, the International Labour Organization (ILO) adopted the Equal Remuneration Convention (No. 100), calling on member states to ensure equal remuneration for men and women for work of equal value. India ratified this convention in 1958, laying the groundwork for national legal reforms.
India’s Constitution, adopted in 1950, laid the foundation for wage equality:
Article 14 ensures equality before the law. Article 15 prohibits discrimination on the basis of sex. Article 39(d) explicitly directs the State to ensure equal pay for equal work for both men and women.
Despite this constitutional support, wage disparity persisted, especially in the unorganized and industrial sectors.
This blog has been written by Shaik Fiza Ifra , 4th year B.A., LLB. (Hons), Lovely Professional University.
