Rethinking Equal Pay for Equal Work: A Socio-Legal Perspective and Study

Article 39 of the Constitution of India which is a part of the Directive Principles of State Policy is an instrinsic part of its Basic Structure. Inter alia, this Article mandates that equal pay for equal work for both men and women is to be secured by the state by implementing this policy. The Equal Remuneration Act 1976 is a law that implements Article 39, as a suitable response to mitigate past injustice done to women workers who typically had lower wages and limited opportunities in workplaces. The Code on Wages 2019 – as a Labour Code is expected to carry forward this equitable principle. This article probes from a research perspective how modern employers are displaying a silent reluctance, often citing how a multitude of non-negotiable leaves such as Child Care Leave, maternity leave and now menstruation leave often means that women workers are putting in lesser number of working days and HR has a tough time to keep the workplace running. HRIS systems and payroll functions often interpret this positive discrimination as additional workload for male counterparts. Is this Inclusion and Diversity or protected bias? This article will explore the neo-socio-cultural and postmodern socio-economic perspectives associated with this conundrum.