A Critical Analysis of Gender Pay Parity Laws in India and Its Relation with Gender Queerness

  • Aman Karan and Akansha Sethi
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  • Aman Karan

    LL.M. Student at National Law University, Jodhpur, India

  • Akansha Sethi

    LL.M. Student at Symbiosis Law School, Noida, India

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Gender pay disparity continues to be a pervasive issue in workplaces worldwide, and India, as a rapidly developing nation, faces its own set of challenges in addressing this problem. The study navigates through the intricate web of legislation, including the Equal Remuneration Act of 1976, and assesses their effectiveness in combating wage discrimination. The Equal Remuneration Act, 1976 is a Indian labor law enacted to provide for the payment of equal remuneration to men and women workers for the same work or work of a similar nature and for the prevention of discrimination on the grounds of gender in matters relating to employment and the conditions of service. The primary objective of this act is to promote gender equality in the workplace by ensuring that men and women receive equal pay for equal work. However, it has been more than 50 years that any new legislations has been enacted or amended in India dealing with such an issue. This research will discuss whether such an old legislation is effective for an issue that is dynamic and prevalent, taking into account different problems like occupational segregation, gender discrimination and the such. This paper also introduces another angle of analysis by understanding the implication of gender queer people in the Equal Remuneration Act, and in the principle of equal pay for equal work as whole. Drawing upon an extensive review of existing literature, case studies, and statistical data, the paper delves into the historical evolution of gender pay parity laws in India, critical analysis of pay parity laws of India, gender ambiguity and wage gap, etc. It scrutinizes the legal definitions of "equal work" and "remuneration" while considering their real-world application.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 6, Page 1816 - 1831

DOI: https://doij.org/10.10000/IJLMH.116334

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