INTRO

What is it that we desire after the primary needs like food and shelter? All human beings desire for
social security. India is a welfare state, and in a welfare state, an employee who is engaged in an activity
cannot be paid any less than that who is engaged in the same activity and is performing the same share
of responsibilities and duties. It was held by the Apex Court of India that our nation has been a signatory
party for the past 38 years of Art 7 of the ICESCR (International Covenant on Economic, Social and
Cultural Rights). It was said by the bench that any activity where two people are performing the same
task but are paid differently constitutes an act of exploitation and it shall not be entertained. In India, a
major part of the population is under the poverty line, they keep up and accept whatever wages are
given to them even if it’s lesser than the minimum wage guidelines issued by the government.

Pay Gap is an issue which has become a topic of national concern due to the increasing cases of
discriminatory wages. We, as a welfare and democratic institution, lack in the implementation of
transparent equal pay policy. 

Act to have overriding effect

The Central Industrial Machinery (also, Chief Labour Commissioner) has given effect to this Act
and it states that it will not affect the terms and conditions of any law which provides special
treatment to women. The statement in Section 3 itself suggests that it will have effect under all
circumstances.

However, it also provides that any special treatment accorded to women in connection with the
birth or expected birth of a child, or the terms and conditions relating to retirement, marriage or
death or any of them will not be affected by the present Act.

Payment of Remuneration at Equal Rates to

Men and Women Workers and Other Matters
Chapter 2 of the Act, provides for payment of remuneration at Equal Rates to Men and Women
workers and other matters. 

Duty of employer to pay equal remuneration to men and women

workers for the same work or work of similar nature
The employer must not discriminate on grounds of sex, when it comes to remuneration provided
for the same amount and nature of work. This Act was placed because there were numerous
cases of women getting paid at a lower rate than their male counterparts.

In the case of People’s Union of Democratic Republic v. Union of India 1982, women were only
paid 7 per day as opposed to 9.25 per day for male workers. After hearing both sides, Justice
P.N. Bhagwati held that the authorities need to make sure that the men and women both are paid
at par to each other for similar amount of work.

No discrimination to be made while recruiting men and women

workers
The Act suggests that there must not be discrimination in recruitment of personnel on the basis of
ground of sex. The section states that there must be no discrimination in remuneration from the
commencement of the Act and provides an exception regarding employment of women is
prohibited. There are certain places which are hazardous for employment of women and
children, the section provides immunity from employment at those places.

Power of appropriate Government to appoint

authorities for hearing and deciding claims and
complaints
Section 7 of the Act states, the complaints and claims regarding the infringement of this Act shall
be addressed to the appointed officer. The applicants have to make sure that they have accurate
proof of the commitment of the offence. The offenders will certainly be sued for any inequality
in payment. In cases where the discrimination is made in two or more works, the consequences
will be decided by the appointed officer.

Section 7(4) of the Act, suggests that due inquiry must be made by the appointed officer, wherein
both the parties in the matter, must be given an opportunity to be heard. The appointed officer
shall have all the powers of a Civil Court, as mentioned under Section 195, Code of Civil
Procedure 1908 and Chapter XXVI of the Code of Criminal Procedure.

Section 7(6) mentions the situation where any of the parties is dissatisfied with the decision
given by the authority. The aggrieved party must prefer an appeal before such an authority which
is specified by the appropriate government, within thirty days from the date of the order.

Cognizance and trial of offences

Section 12 of the Act was amended in 1987, with the Equal Remuneration (Amendment) Act,
1987. It suggests that Metropolitan Magistrate or a Judicial Magistrate of the first class will be
the authority at the lowest position for reviewing such a case under the Act. The courts are
allowed to take cognizance only on its own knowledge or any complaint made by the appropriate
government. An authorised officer can also complain to such an authority. The aggrieved person
is also authorised to take his or her own complaint to the court. Apart from these, the court shall
not entertain any complaints under the Act.
The courts involved in these matters must take immediate actions in order to protect the
employees from such discrimination. 

Power to make rules

The Central Government has the power to make regulations in order to protect the interest of the
employees. Section 13 of the act mentions the powers of the government to form policies and
regulate changes in the Act.

The Houses of Parliament can implement changes by following due procedure. The employers
will have to comply with the norms, so provided. 

Power of Central Government to give directions

Section 14 of the Act states that the Central Government has the power to direct the state
government as to the execution of the Act. The state government will have to comply with the
directions, so provided.

Conclusion
The Equal Remuneration Act, 1976, helps in bridging the gap between unequal remuneration
faced by the women of our country. By the successful implementation of the Act, India is
moving closer to being a country, which treats its men and women equally.