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GENDER WAGE GAP AND EQUAL REMUNERATION

GENDER WAGE GAP AND EQUAL

REMUNERATION ACT, 1976
Deeksha Thakur
Gurugram University

Author note

Law department, Bachelor of Law (LLB), Gurugram University,

For any query and doubt do contact mentioned email – deekshathakur6439@[Link]

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GENDER WAGE GAP AND EQUAL REMUNERATION

CONTENT

[Link] TITLE PAGE NO.

1. ABSTRACT 4

2. INTRODUCTION 5

3. SOME REPORTS AND 6-11

DATA

4. 12

CONSTITUTIONALITY
VALIDATION

5. 13

CASE LAWS
6. 14-16

LEGISLATION AND ACTS

7. 17

CONCLUSION
8. 18

REFERNCE
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GENDER WAGE GAP AND EQUAL REMUNERATION

REPORTS USED

[Link]
REPORTS
1. Global Gender Index, 2024 report by World forum
2. Gender social norm Index, 2023 report by UNDP
3. GOLDIN’S “U” SHAPED CURVE HYPOTHESIS ON FEMALE LABOUR PARTICIPATION RATE
4. ILO REPORT, 2023
5. PERIODIC LABOUR FORCE SURVEY, 2020-2021
6. CENSUS, 2011 FOR EDUCATION AND SKILLS
7. UDHR,1948, REPORT
8. India Justice report
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GENDER WAGE GAP AND EQUAL REMUNERATION

Abstract

Throughout the world, gender discrimination is pervasive in the workplace, and it is particularly
harmful to employees in industries where labor rules are not strictly enforced. Women's varying
levels of participation in the labor have affected compensation and returns as a result of
inadequate bargaining power, which causes men's salary differences as well as women. Women
have had a relatively low labor force participation rate in waged jobs. They mostly focused on
lower-paying occupations. The idea of equal compensation for equal work is dynamic of
democracies where there is no discrimination between men and women in the workplace. The
principles of social justice and equality have been acknowledged in our constitution under
Article 39, 44, 14 and 15 of Indian Constitution. A number of international accords, including
the 1951 Equal Remuneration Convention of the International Labour Organization, support this
idea. Despite continuous attempts, issues with wage discrimination still exist in some sectors,
including transportation, agriculture, and construction. Disparities persist in spite of the 1948
Minimum Wages Act, which forbids sex-based differences in minimum wage rates. Numerous
factors, including negotiated settlements, companies' financial strength, and market
competitiveness, influence wage structures. Fighting prejudice in areas like equitable pay,
employment opportunities, promotions, and leadership roles is essential to addressing these
issues. To guarantee that men and women workers receive fair and equal compensation, the
Equal Remuneration Act of 1976 was put into effect. According to the Global Gender Gap
report, we are still lacking by 132 years in proving equal rights. As women in India, as India is
now celebrating 75 years of Independence Day. This sound of freedom still mingles with
whispers of unfinished business and un given justice. The Constitution proudly fights for justice,
liberty and equality and the contributions of those who worked nonstop for these rights but now
they are left behind and often pushed in corners. In the name of inclusive development just given
the post not the power. From right to vote to right to surrogacy we have covered a long path but
still the goal is far ahead. From women in the workplace to women in defense we fought hard
and won many small battles but still many fights are yet to begin. It's just not about equal rights
but equal power, money, respect and authority that should come with equal opportunity.

Keywords:

Women Right, Gender Gap, Wage Gap, Equal remuneration, Gender inequality, reservation,
constitution, Equal Pay, Equal work, Feminism, Minimum Wage, tokenism
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GENDER WAGE GAP AND EQUAL REMUNERATION

INTRODUCTION

Feminism means ―the belief that women should be allowed the same rights, power, and
opportunities as men and be treated in the same way, or the set of activities intended to achieve
this state‖1 . As it is said that women should be given the same political, economic, educational
and social rights as men and opportunities should be the same. In the constant battle for women's
rights, one should not forget that we are fighting for equal rights, not men, and the battleground
should be equal to compete with each other. The level of ground and tools to compete should be
leveled up at the same level, not only for name sake, but actually doing it without complaining
backhand.

Indian forces are committed to gender equality and employ a gender perspective in all policies
and regulations. Equality doesn't mean that women and men become the same. There's always
going to be physiological differences that can't be neglected but that women and men's rights,
responsibility and opportunity will not depend on whether they are male or female. Indian
Feminism is a constant battle with patriarchy society. It's their awareness that women are being
oppressed and exploited in society and only removal of these tinted glasses and collective actions
can change it. Giving opportunities to women not for themselves to come out as an inclusive
body but, actually for upliftment with the same rights and authority.

Empowerment alone cannot help women. Giving rights to women just for the sake of tokenism is
not going to help them grow and develop. If development is not engendered, it's endangered.
Tokenism in today's world is just a mirage of the developed world. Don't assume that with the
development the effects will trickle down and gender outcomes will improve. This is especially
true for countries like India, which is still in a phase of transition. Development is a necessary
condition for social change, but it is not a sufficient condition. Women should have the right to
choose, reproduce, marry work, and rule, property and participate.

The Women's labor force participation rate in the wage employment has been notably low and
mostly found in the lowest layers, Considerable pay discrimination against men is observed even
in the unorganized sector both in India's cities and rural areas2. An analysis of the economic
patterns reveals the persistence of inequality's structure within the field of occupational focus,
where women are still disproportionately lower-end positions, hence earning less money.
bias and discrimination against women seen in social contexts is mirrored in the financial
domains not just by direct, legal routes, but also by remaining silent in views and attitudes of the
agents of the labor marketplaces that change to preserve certain of disparities in gender.

1. Cambridge dictionary
2. GOI, 2010
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GENDER WAGE GAP AND EQUAL REMUNERATION

SOME REPORTS AND DATA

1. Global Gender Index, 20243

According to the World Forum, no country has yet achieved full gender parity. The
new edition of this index reveals that India is at a very concerning stage as it's placed
at 129th position out of 146 countries. As this position is near the bottom and it
reflects a persistent gender disparity. Last year, India was at 127th position and in
2021 we were at 140th. This still shows we are in the bottom 20 percentiles of this
index. This performance is based on four factors. Economic participation and
opportunity, educational health, health and survival and political empowerment. The
report highlighted that India has closed 64% of the overall gender gap. But it still has
only reached 39.8% parity in economic participation and opportunity. India has
closed 96.4% in education attainments but roles and representation of women in
senior positions and technical roles has decreased. With 25.1% of the gender gap,
ranking 65th globally, it has dropped its position from previous years. Though this
index doesn't encompass every aspect, it still gives us insight and places we are
lacking and need focus on.

2. Gender social Norm Index, 2023

The United Nations Development Program (UNDP) released Gender social norms
Index 2023. As it quantifies biases against women and captures people's attitudes
toward women's role. It is also based on four categories-political, educational,
economic and physical integrity. ―It covers around 85% of the population and reveals
that 9 out 10 men and women hold biases against women. Nearly 90% of people still
hold a bias against women and 25 percent of people believe that it's justified for a
man to beat his wife. A more biased country has the least number of people in
parliament‖4. Indigenous women, migrant women, and women with disabilities, trans
women have meager political representation, demonstrating how overlapping
biasness can further reduce opportunities for women. Educational achievements have
not translated into better economic outcomes and opportunities for women. They are
still lacking behind. Tokenism comes with lots of criticism and biases and with the
least respect. Tinted glasses of patriarchy still hold a grudge against women in various
fields. These glasses are often worn by women more than men.

3 Global Gender Index, 2024 report by World forum

4 Gender social norm Index, 2023 report by UNDP
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GENDER WAGE GAP AND EQUAL REMUNERATION

Let's see what's the difference between the new India and the India we left behind and
what the future India holds for women. Are policies and reservations fulfilling the
needs and wants of women or are they just for their namesake? Fulfillment of
women's rights is a myth or an unachievable goal? This article utilizes various
national and international reports on the gender gap and women in India. Various
setups have been set up by women for women, but are still behind for the whole
century. Issues are visible, but solutions are still not made. So it's not only about their
rights and benefits but about the actual implementation and removal of, rose, tinted
glass of patriarchy and political-personal benefits.

3. Low Female labour force participation in India

i. Claudia Goldin won this year's Nobel Prize in economics for her
groundbreaking studies that improve our knowledge of how women fare in the
labormarket. ―Goldin's "U"-shaped curve hypothesis about the rate of female
labor participation
According to Claudia Goldin (1994), the female labor force participation rate
(FLFPR) shows a U-shape as economic growth progresses. The decline in "U"
was brought on by an increase in household incomes as a result of market
development and the transition from farming to manufacturing. But as
education levels improve and the economy shifts to the service sector, women
return to the paid workforce as the value of their time in the market rises even
more.‖5 Prof. Claudia Goldin received the Economic Nobel Prize (2023) for
her study of women's earnings and employment. She was able to demonstrate
that variation in education and occupation historically accounted for a large
portion of the gender wage gap (what women are paid relative to men

―Goldin's research also revealed that the gender pay gap persisted even when
FLPR increased as the service industry grew elevated—in actuality, the disparity between men
and women Employees in the same profession increased when the eldest child.‖5

5 GOLDIN’S “U” SHAPED CURVE HYPOTHESIS ON FEMALE LABOUR PARTICIPATION RATE

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GENDER WAGE GAP AND EQUAL REMUNERATION

GENDER INEQUALITIES IN OCCUPATIONAL

EMPLOYMENT SEGREGATION

WAGE GAP

CONCENTRATION IN PART
TIME EMPLOYMENT

ii. As of 2023, ―the ILO report states that there is a 27% gender pay gap in India.
On average, women earn 73% of men's earnings for the same job. In
industries like technology, this gap widens further with women earning only
60 percent of men's income.‖6

iii. ―NSSO found that 25.9% of all women worked in 1999-2000, and the female
labour force participation rate (FLFPR) in 2020-21, according to PLFS
reports, is only 25.1%.‖7

4. Gender Pay Gap:

Education and Skill Gap: ―The 2011 census showed that women's literacy in India
was just 64.64% while men's literacy was 80.89%.‖7 The FLPR has not increased as a
result of the rising literacy rate over time. Women no longer perform manual labor
after obtaining a moderate degree of education, and there is a strong desire for white-
collar employment among them. Women are excluded from the labor market since
there is a shortage of these positions. Feminization in the unorganized sector, where
90% of workers are women, is less common and pays less than in the official sector.

6 ILO REPORT, 2023

7 PERIODIC LABOUR FORCE SURVEY, 2020-2021
8 CENSUS, 2011 FOR EDUCATION AND SKILLS
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GENDER WAGE GAP AND EQUAL REMUNERATION

Low bargaining power: Women's bargaining power for greater earnings is diminished
when trade unionism is absent. The part-time nature of work because of the demands
of family, kids, and housework. Occupational segregation, the motherhood penalty,
limited access to maternity leave, inadequate childcare support and social
expectations, gender biases and stereotypes, lack of representation in leadership,
cultural norms and expectations, educational disparities, and intersectionality are
some of the deep-rooted social, economic, and cultural factors that contribute to the
gender pay gap in the Indian workforce. Women from marginalized communities also
face compounded disadvantages as a result of both gender and social disparities.

The Universal Declaration of Human Rights, which was unanimously approved by

the UN General Assembly on December 10, 1948, enshrines the fundamental concept
that men and women should be paid equally for doing the same work.9 It highlights
that everyone should be fairly compensated for their equal contributions, regardless of
any differences. The 1963 U.S. law that mandated equal pay for equal work in an
effort to remove gender-based discrepancies further reinforced this idea. The National
War Labour Board first suggested equal pay in 1942, and in 1945, a proposed equal
pay act was introduced. The Fair Labour Standards measure of 1938, which governs
child labor, overtime, and minimum wages, was modified by this measure10.

India upholds the values outlined in the Equal Remuneration Act as a signatory to the
UN special charters. This action complies with the standards set forth by the
Convention on the Elimination of All Forms of Discrimination Against Women, 1979
(CEDAW), the International Labor Organization (ILO), and the Universal
Declaration of Human Rights (UNDHR)11. Article 23 of the UDHR states that
everyone has the right to just recompense for their labor, free from discrimination of
any kind.12 The ILO's 100th convention, the 1951 Convention on Equal
Remuneration for Men and Women Workers for Work of Equal Value, allows
member states to pursue its goals through a variety of strategies, including collective
bargaining agreements, pay determination procedures, and legislation.

It is strongly advised that signatories make incorporating gender equality into their
legal frameworks a top priority. They ought to strive for the repeal of laws that
discriminate against women as well as the creation of courts and organizations
devoted to their defense. Eliminating all forms of prejudice, whether they are
committed by people, groups, or businesses, is also essential. These international
accords demonstrate India's commitment to advancing gender equality and ending
discrimination against women in the workplace.

9 UDHR,1948.
10 SUPRANOTE14.
11 CEDAW CONVENTION, 1979.
12. CEDAW, 1979,ART 23
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GENDER WAGE GAP AND EQUAL REMUNERATION

5. Monster Salary Index on Gender (2016)13

Based on the salaries of millions of profiles across various industries, verticals,

functions, and roles, the Monster Salary Index on Gender (2016) (a joint initiative of
Monster India & Paycheck in with IIM-A as research partner) states that the median
gross hourly salary for men is Rs. 345.8, while the median for women is Rs. 259.8. In
2016, the gender wage gap averaged 25%. Although this percentage varies by
industry, according to 2016 data, the gender pay gap in the manufacturing sector is
29.9%, while in the IT sector it is approximately 38.2%

(MONSTER SALARY INDEX (MSI))

6. Women and sustainable development

Conversation surrounding gender equality and women's empowerment have gained

considerable momentum. However, there is a connection between gender equality and
sustainable energy development which is often overlooked. Therefore, the issue of the
intricate relationship between these two domains, emphasizing their fundamental role
in achieving sustainable development goals (SDGs)14 needs to be explored and
discussed. Achieving gender equality is recognized as a cross-cutting enabler,
influencing the success of various SDGs. Gender equality and women's
empowerment are fundamental to achieving sustainable energy for all. Gender
equality in sustainable energy is a matter of social justice. Closing the gender gap in
employment and entrepreneurship within the energy sector has the potential to boost
global gross domestic product by trillions of dollars. Gender responsive and women-
led initiatives have been successful in the clean energy space. That is why this is the
right time to harness the power of women and energy to create a more inclusive,
prosperous and sustainable world for future generations.

13 MONSTER SALARY INDEX(MSI)

14 SUSTAINABLE DEVELOPMENT GOAL -5 FOR GENDER EQUALTY
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GENDER WAGE GAP AND EQUAL REMUNERATION

7. JUSTICE SYSTEM AND WOMEN

Diversity is a crucial element in the effectiveness of institutions worldwide, with

gender and inclusive inclination being a key indicator of commitment to this value. In
the latest India justice report15, it is said that it is crucial to look into the state of
gender diversity within India's justice delivery system. IJR said that NHRC never had
a woman commissioner. This shows the apathy toward gender diversity. It also said
the same about the state commission. The report said that with only three lakh women
in the justice system, this number is not only an inadequate representation but also
hints at deeper structural issues inhibiting the full participation of women in the
justice system. The report also said that women are not proportionally represented in
higher ranking positions, the lack of women in the Supreme court with only three
judges and the absence of a woman chief justice raises many questions. As it fails to
serve as beacons of gender inclusivity. The reasons might be lack of initiative,
complacency and deflection of responsibility. So there should be institutional
preparedness - as practice to identify and dismantle barriers and giving leadership, for
example, that will be motivation for others, and reexamination of recruitment and
retention practices. Gaps within the justice system reflect internal biases. To live up
to the values of equality and equity justice, institutions must move beyond superficial
measures and address the systemic challenges hindering the inclusion of women. The
onus lies on decision makers to lead, for example, re-evaluate existing practices and
implement measures that create gender balance and inclusivity within the justice
system.

15 India Justice report

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GENDER WAGE GAP AND EQUAL REMUNERATION

CONSTITUTIONALITY VALIDATION

One of the directive principles entrenched in section IV of the Constitution is equal

compensation for equal effort.
"The State shall, in particular, direct its policy towards securing that there is equal pay for
equal work both men and women," according to Article 39(d)16 of the Constitution.
Although Article 3717 states that the provisions in Part IV of the Constitution cannot be
enforced by any court, the principles established therein are nonetheless essential to
national governance, and it is the responsibility of the State to incorporate these
principles into its legislative process.

Therefore, the idea of "equal pay for equal work" is essentially evident. When
government policies or decisions on the pay scales for government workers are based on
irrational or no classification, they violate Articles 1418 and 1619 of the Indian
Constitution. The doctrine of equal compensation for equal work can then be enforced by
the court. Although our Constitution does not explicitly declare the notion, it does
guarantee the Fundamental Right to Equality before the Law and the Equal Opportunity
in the Matter of Public Employment through the interpretation of Articles 14 and 16,
which are conjectural doctrines. Additionally, Article 3220 offers a remedy for upholding
fundamental rights. Sex is one of the prohibited grounds for discrimination under Article
15. The state is authorized to create any particular provisions for women under Article
15(3)21.

The significance of making sure that both men and women have adequate means of
subsistence is emphasized in Article 39(a)22. Article 39(d) promotes justice and
nondiscrimination by highlighting the significance of guaranteeing equal compensation
for equal labor. Furthermore, acknowledging the unique challenges that women face in
their professional lives, Article 4223 highlights the significance of offering appropriate
working conditions and maternity support. Despite not being formally acknowledged as a
fundamental right, the idea of "equal pay for equal work" is often accepted as such
because it is consistent with core values.

16 ARTICLE 39(d) OF INDIAN CONSTITION

17 ARTICLES 37 OF INDIAN CONSTITION
18 ARTICLE 14 OF INDIAN CONSTITION
19 ARTICLE 16 OF INDIAN CONSTITION
20 ARTICLE 32 OF INDIAN CONSTITION
21 ARTICLE 15 OF INDIAN CONSTITUION
22 ARTICLE 39(a) OF INDIAN CONSTITION
23 ARTICLE 42 OF INDIAN CONSTITION
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GENDER WAGE GAP AND EQUAL REMUNERATION

CASE LAWS

1. The Supreme Court used Article 39(d) in “Jeet Singh v. Municipal Corporation of
Delhi AIR 1986 SCC 560”24 case to invalidate the disparity in driver pay grades between
the Delhi Police Force and the Delhi Administration and Central Government. As a
result, employees of various businesses and management cannot always demand equal
compensation. Similar to this, pay scales may vary equally based on educational
background, variations in housing options offered by various employers may not be
unjustified, and a court cannot order an establishment to provide low-income employees
with housing just because the facility is offered at another establishment or because the
state is a social welfare state.

2. It is impossible to put the "equal pay for equal work" theory in a strait jacket. This right is
an adjunct to the equality clause, which is incorporated in Articles 14 and 16 of the
Constitution, even though it is found in Article 39. It is acceptable to classify things
reasonably, according to understandable standards that are related to the goal being
pursued. As a result, the Supreme Court ruled in State of U. P. Vs. J. P. Chaurasia AIR
1989 SC 1925 that if the nature of identical job differs, various pay scales might be set for
the same cadre of people performing comparable work. Work completed and variations
in terms of accountability and dependability.

3. According to the Supreme Court's ruling in State of A. P. Vs. V. G. Sreenivasa Rao

AIR (1989) 2 SCC 29026, provided there is a valid reason, paying a junior member of the
same cadre more is neither against the law or in violation of Articles 14, 16, and 39(d).
According to the ruling in State of Haryana vs. Rajpal Sharma AIR 1997 SC 44927,
teachers working in the state's privately run aided schools are entitled to the same pay and
benefits as those working in government schools.

4. In Markendeya Vs State of Andhra Pradesh AIR 1989 SC1368, 198928, difference in

pay scale, between graduate supervisors holding degree in Engineering and non-graduate
supervisors being diploma and license holders was upheld. It was decided that such a pay
scale discrepancy was justified and would not violate Articles 14 and 16 due to
differences in educational credentials. The Court pointed out that where two classes of
employees perform identical or similar duties and carry out the same functions with the
same measure of responsibility having the same academic qualifications, they would be
entitled to equal pay.
―Principle of equal pay for equal work is applicable among equals. It can’t be applied to
unequal.‖ Therefore, in terms of pay, daily rated workers cannot be compared to regular
state employees. The two groups of workers differ in terms of their qualifications, ages,
and selection processes. In addition to the gender equality concept expressly stated in
Article 39(d), the Supreme Court has derived the general principle of equal compensation
for equal labor by interpreting Articles 14 and 16 of the Indian Constitution.
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GENDER WAGE GAP AND EQUAL REMUNERATION

SOME ACTS AND LEGISLATION

1. Equal Remuneration Act, 197629

On September 26, 1975, the President of India issued the Equal Remuneration Ordinance,
1975, with the intention of putting into effect the Equal Pay for Equal Work goal outlined
in clause (d) of Article 39 of the Constitution. This allowed the aforementioned Directive
Principle to be put into effect during the year that was designated as International
Women's Year.
Later on, the ordinance was changed to become Act No. 25 of 1976. In addition to
preventing sex-based discrimination against women in the workplace and in areas related
or incidental thereto, the Equal Remuneration Act of 1976 mandates that men and women
workers get equal compensation.

According to Section 2(h) of this Act, "same work or work of a similar nature" refers to
work for which the skill, effort, and responsibility required of a man and a woman are the
same, when performed under similar working conditions, and the differences, if any,
between the requirements for a man and a woman's skill, effort, and responsibility are not
practically significant with regard to the terms and conditions of employment.

Section 4 of this Act states that no employer may pay any employee in an establishment
or employment that he owns compensation, whether in cash or in kind, at a rate that is
less favorable than the compensation he pays employees of the other sex in the same
establishment or employment for doing the same or comparable work.
No employer may lower a worker's rate of compensation in order to comply with the
requirements of this section. When an organization or job has rates of compensation that
differ solely based on a worker's sex before the implementation of this act for men and
women performing the same or comparable work, then private stenographer following
her dismissal from A petition was filed by her services under sub-Section (1).

Under Section 7 of the Equal Remuneration Act of 1976, expressing dissatisfaction over
the fact that during her service She received compensation at lower rates. compared to the
stenographers who were male and carrying out the same or comparable tasks. According
to the ruling, in order to receive relief under Section 4 of the Act, the worker must prove
that the compensation that the employer provides, whether payable at the rate less,
whether in cash or in kind. more advantageous than those when compensation is given by
him to the opposite-sex workers in such facility for carrying out the same task or similar
in kind.

Section 5 of The Equal Remuneration Act states that, starting with the act's
implementation, no employer may discriminate against women in the workplace when
hiring them for the same job or similar work, or in any condition of service subsequent to
hiring such as promotions, training, or transfers, unless doing so is prohibited or restricted
by law for the time being in effect. The relevant government must establish one or more
advisory committees to advise it on the extent to which women may work in
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GENDER WAGE GAP AND EQUAL REMUNERATION

establishments or occupations that the central government may designate through

notification in order to increase employment opportunities for women.

Section 6 Advisory Committee states:

1) The relevant government must establish one or more advisory committees to advise it
on the extent to which employment in such establishments or employment as the
central government may, by notification, specify in this regard may be provided in
order to increase employment opportunities for women.
2) At least ten individuals chosen by the relevant government must make up each
advisory group, with half of them being women. The advisory committee will
consider the number of women working in the relevant establishment when making
an advance
3) tender employment. The type of work, the hours worked, and the fitness of women
for the position as it may be necessary to increase job opportunities for women,
including part-time work, may be appropriate for such a committee.
4) The advisory committee will follow its own protocol on a regular basis.
5) The relevant government may after taking into

the recommendations made by the advisory group, and after providing the individual
in charge of the institution with a chance to make representational issues, issue such
directives for the employment of women workers as the relevant government may
deem suitable.

Section 8 states that employers have an obligation to keep registers and other records
pertaining to their employees as may be required.

Section 10 states that an employer faces up to one month in simple imprisonment, a fine
of up to ten thousand rupees, or both if, after the Act's commencement, any employer
makes any recruitments in violation of its provisions or pays any compensation at
unequal rates, or if he neglects to maintain any register or other document pertaining to
his employees or omits or refuses to provide any information.
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GENDER WAGE GAP AND EQUAL REMUNERATION

2. WAGE CODE30

There are just two sections about the Equal

Compensation under the new Wage Code. The phrase "equal remuneration" is not used
specifically. It is made generally relevant to all occupations and genders. There were no jobs like
these before.

Section 3. (1) No employer may discriminate against employees based on their gender when it
comes to pay for the same work or labor of a similar type performed by any employee in the
same establishment or any of its units.
(2) Employers are prohibited from:

(i) lowering an employee's pay rate in order to comply with sub-Section (1); and
(ii) discriminating against any employee based on their sex when hiring them for the
same job or a similar job and in the terms of employment, unless doing so is
prohibited or restricted by current law.

Section 4: In cases where there is disagreement about whether a work is identical or comparable
to one another for the purposes of Section 3, the relevant Government may designate an authority
to resolve the matter.

24 Jeet Singh v. Municipal Corporation of Delhi AIR 1986 SCC 560

25 State of U. P. Vs. J. P. Chaurasia AIR 1989 SC 19
26 State of A. P. Vs. V. G. Sreenivasa Rao AIR (1989) 2 SCC 290
27 State of Haryana vs. Rajpal Sharma AIR 1997 SC 44927
28 In Markendeya Vs State of Andhra Pradesh AIR 1989 SC1368, 198928
29 Equal Remuneration Act, 1976
30 WAGE CODE
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GENDER WAGE GAP AND EQUAL REMUNERATION

CONCLUSION

Feminist are fighting for women's rights and it is somehow on the right path but still need to
correct its methods and way as the gender gap is decreasing but it will be solved on three major
dimensions: agency, attitude and outcome. Agency is she herself, as her ability to make her own
decisions, women need to have confidence in herself and trust in herself. .It's just not about equal
rights but equal power,money, respect and authority that should come with equal opportunity.
Equal opportunities with equal respect and authority without sacrificing its power which come
along with it. India's ranking improved to 113 out of 190 countries in the World Bank’s Women,
Business and Law index. India ranked at 113 out of 190 countries. But it's still lagging far behind
and it will only be reached when actual power and authority will be given. In the labor sector, the
gender wage gap is a well-known issue. In order to address this issue, the International Labour
Organization (ILO) passed the Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW). In order to protect women from wage discrimination and
exploitation, several national governments, like India, have also put laws like the Equal
Remuneration Act of 1976 into effect. However, the Act's lack of provisions and the light
penalties it imposes on companies who violate it raise questions about its efficacy. One
significant development has been the entry of women into the workforce, which has given them
more autonomy from men and a sense of achievement. However, ensuring that women receive
equal status and just recompense for their labor is a crucial next step in improving society. In
addition to allowing people to live more satisfying lives, this would also improve their financial
potential, which would boost the economy and help reduce family poverty.
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GENDER WAGE GAP AND EQUAL REMUNERATION

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6. BARE ACT OF EQUAL REMUNARTION ACT, 1976
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