UNIVERSITY OF MUMBAI LAW ACADEMY

LABOUR LAW-II ASSIGNMENT ON THE TOPIC

“Provisions related to payment of remuneration to men and women under the Equal Remuneration
Act, 1976”

SUBMITTED TO- PROF NAIVANYA KAMBLE

SUBMITTED BY- MUDIT GUPTA

ROLL NO- 13

BBA LLB (HONS) THIRD YEAR SEMESTER VI

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INDEX-
Sr. Particulars Page No.
No.

1. Abstract 3-4

2. Aims and Objectives of the Research Note 4

3. Scheme of Research Note 4

4. Research Methodology 4

5. History of Women’s Employment in India 5

6. Some recent events which clarify the problem 5-6

7. Provisions 6-7

8. Exceptions 7-8

9. Constitutional Provisions 8

10. International Conventions 8-9

11. Government Schemes 9-10

12. Benefits of Gender-Neutral Remuneration 10-11

13. Case Laws 11-12

14. Conclusion 12

15. Bibliography 12-13

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Provisions related to payment of
remuneration to men and women under the
Equal Remuneration Act, 1976

Abstract
“Where do we really stand when it comes to gender equality? The answer is: we’re just not there
yet.”
- Georgine Ferrera
The quote above, very correctly defines the status of women and gender equality in our society. As per
the historical evidence found, men and women were treated as equals but in the past couple of centuries,
the society has seen a drastic shift. The men have undermined the position of women in the society and
patriarchy has been established. At the time of Independence, the inequality was apparent, and the
constitutional framers had to fix this situation as they wanted India to be a democratic nation. Systems
have to be put in place for the operation of the democratic forces to ensure equality. The constitutional
provisions and various legislations have been enacted which have proved to be a backbone for ensuring
equal opportunities to men and women. When equal opportunities are provided, the next line of action
needed is equal remuneration for the same work done without any reference to gender. To cure this
situation and to support the discriminated women, the Equal Remuneration Act, 1976 was established.
It is a crucial piece of legislation in India which was introduced with the aim of ensuring equal pay for
equal work between men and women. The Act provides for the payment of remuneration to men and
women workers without any discrimination based on gender. This research note explores its key
provisions.
The objective of this research note is to examine the provisions related to payment of remuneration to
men and women under the Act.
The research note analyses the key provisions of the Act, including the definition of "equal
remuneration," the prohibition of discrimination in payment of wages on the grounds of gender, and
constitution provisions related to the same. The note also examines the various exemptions available
under the Act and also discusses relevant case laws.
The research note emphasises on the point that the Act has made significant progress in ensuring gender
equality for the payment of remuneration in India. Although, there are still challenges and loopholes in

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the implementation of the Act, such as lack of awareness, ineffective enforcement mechanisms but its
improving on a constant basis.
Keywords: Gender Neutral, Remuneration, Equality

Aim and Objective of the research note

The aim of this research note is to understand the provisions which provide that there should be Equal
Pay for Equal Work. This paper talks about payment for equal remuneration to both male and female
workers for equal work without discriminating against them on the ground of gender especially against
women for the matter of employment. This research paper also aims to understand the constitutional
provisions which were aimed regarding the same issue.

Scheme of the research note

This research note is divided into 10 parts.
The first part discusses the history of women employment in India.
The second part talks about the recent events which clarify the problem.
The third part deals with the provisions of the Equal Remuneration Act, 1976.
The fourth part of the research note deals with exceptions to the provisions of the Equal Remuneration
Act, 1976.
The fifth part discusses the constitutional provisions which provide for the right to equal remuneration.
The sixth part of the research note deals with the international conventions which are related to gender
neutral pay and to which India is a signatory.
The seventh part deals with the government schemes which aim towards solving the problem at hand.
The eighth part talks about the benefits of gender neutral remuneration.
The ninth part provides the case laws where the Indian judiciary has taken a stand regarding the issue.
Finally, the tenth part of the research note concludes the research note.

Research Methodology
The research methodology used for the present paper is a traditional doctrinal research method. As most
of the information was sought from the available literature by referring to books, articles, journals,
websites, research papers etc.

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 History of Women Employment in India
The history of women's employment in India dates back to ancient times, where women were active
participants in various professions such as medicine, music, dance, and agriculture. However, with the
onset of British colonial rule in India, women's employment opportunities were severely curtailed, and
women were relegated to the domestic sphere.
During the colonial era, the British administration in India actively discouraged women from entering
the workforce, as they believed that women's primary role was to be homemakers and caregivers.
Women who did venture into the workforce were largely confined to occupations such as nursing,
teaching, and clerical work.
After independence, the Indian government launched several initiatives aimed at promoting women's
employment and empowerment. The first five-year plan, launched in 1951, emphasised the need for
women's education and training, and highlighted the importance of increasing women's participation in
the workforce.
In the decades that followed, women's employment in India slowly began to increase, although progress
remained slow and uneven. In rural areas, women continued to be largely confined to traditional
occupations such as farming and dairy work, while in urban areas, women were increasingly employed
in industries such as textiles, electronics, and hospitality.
The 1970s and 1980s saw the emergence of a women's movement in India, which highlighted the issues
of gender discrimination and violence against women, and called for greater participation of women in
all spheres of life, including the workforce. The government responded by launching several schemes
aimed at promoting women's entrepreneurship and self-employment, and by introducing laws such as
the Equal Remuneration Act, which mandated equal pay for men and women in the same job.
In recent years, women's employment in India has continued to increase, although progress has been
slow and uneven. Women continue to face significant barriers in accessing education and training, and
are often subjected to discrimination and harassment in the workplace. However, initiatives such as the
Beti Bachao Beti Padhao scheme, which aims to promote girls' education and empowerment, and the
National Rural Livelihood Mission, which seeks to increase women's participation in the rural economy,
have shown promise in promoting women's employment and empowerment in India.

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 Some recent events which clarify the problem

1. The World Economic Forum's Global Gender Gap Report 2021 ranked India at 140th position
out of 156 countries in terms of gender wage equality. India's score on this parameter has
decreased from 66.8% in 2020 to 62.5% in 2021.
2. In September 2021, the Ministry of Labour and Employment released a report on "Employment
and Unemployment in India 2020-21" which showed that the gender pay gap in urban areas
had increased from 16% in 2018-19 to 19% in 2020-21.
3. In March 2021, a study conducted by the Centre for Sustainable Employment at the Azim
Premji University found that women in India earn 22.5% less than men on average, and the
gender pay gap is higher in urban areas as compared to rural areas.
4. In October 2020, the Indian government announced that it would conduct a survey to assess the
gender pay gap in the organised sector. The survey is expected to cover around 100,000
establishments and will provide a comprehensive picture of the wage disparity between men
and women in India.
5. In February 2020, the Labour Bureau released a report on "Employment and Unemployment in
India 2018-19" which showed that the gender pay gap in India had decreased from 20.8% in
2016-17 to 18.8% in 2018-19.
6. In January 2020, the Economic Survey of India highlighted the need for gender-responsive
budgeting to address the gender pay gap in India. The survey recommended that the government
should allocate more resources towards policies and programmes that promote gender equality
in the labour market.
7. In September 2019, the National Sample Survey Office released a report on "Key Indicators of
Employment and Unemployment in India" which showed that the gender pay gap in India had
decreased from 27% in 2011-12 to 20% in 2017-18.

Provisions
The Equal Remuneration Act, 1976 was enacted with the objective of eliminating discrimination in
payment of wages based on gender. The Act defines "equal remuneration" as equal payment to men and
women workers for work of equal value. The Act provides that no employer shall discriminate against
women workers in the matter of payment of wages by paying them at rates less than those at which men
are paid for the same work or work of a similar nature. The Act also prohibits discrimination against
women workers in matters of recruitment and conditions of service.

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The Act provides for the appointment of Inspectors who are empowered to inspect any premises,
examine any registers or records, and take statements from any person for the purpose of enforcing the
provisions of the Act. The Inspectors are also authorised to order the payment of arrears of remuneration
to women workers who have been discriminated against. The Act also provides for penalties for
contravention of its provisions, with a fine and/or imprisonment for a term of up to three years.

Offence Penalty

Employer omits/fails to maintain the register, produce the Maximum: Rs 10,000 or

register and other relevant documents, give evidence or give Maximum Imprisonment: 1 month
any information OR Both

Employers make any recruitment in contravention of the Minimum Fine: Rs 10,000

provisions of this act -any payment of remuneration at an Maximum Fine: Rs 20,000 or
unequal rate for the same work or work of similar nature or Minimum Imprisonment:3 months
any discrimination between a man and a woman or an Maximum Imprisonment:1 year
omission to carry out the directions made by the appropriate OR both
government. Note: The maximum period of 1
year shall be replaced by 2 years
for the 2nd,3rd and 4th offence.

Failure to produce the register or any other document or to Maximum: Rs 500

give any information to the Inspector

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 Exceptions
The Act provides for certain exemptions in cases where the work performed by men and women
workers is not similar or where the work is performed under different conditions. The exemptions
include cases where the work is of a dangerous nature or involves exposure to severe weather
conditions, cases where the work is performed in a different establishment or department, or cases where
the work is performed outside the normal working hours.
The Act also provides for exemptions in cases where women workers are given benefits or facilities
that are not available to men workers. These benefits or facilities can include restrooms, crèches, or
other facilities for the care of children.

Constitutional Provisions
Article 39 of the Indian Constitution lays down certain directives for the State to follow in order to
achieve social justice and to ensure that the citizens of the country are not deprived of their basic rights.
One of the directives enshrined in Article 39 is that the State shall ensure equal pay for equal work for
both men and women. This principle of "equal pay for equal work" is aimed at ensuring that
discrimination based on gender is eliminated from the workplace and that women are paid the same
wages as men for doing the same work.
The principle of "equal pay for equal work" is a part of the larger concept of gender equality, which is
enshrined in the Indian Constitution under Articles 14, 15 and 16. These articles guarantee the right to
equality before the law, prohibit discrimination on the basis of gender, and ensure equality of
opportunity in matters of public employment. The principle of "equal pay for equal work" is thus a
natural corollary of these constitutional guarantees, and is aimed at ensuring that women are not
discriminated against in the workplace on the basis of their gender.
The principle of "equal pay for equal work" has been recognized by the Indian judiciary as a
constitutional right of both men and women. In the landmark case of Randhir Singh v. Union of India
(1982), the Supreme Court held that the principle of "equal pay for equal work" is a constitutional goal
and is based on Article 39(d) of the Constitution of India, which directs the State to ensure equal pay
for equal work for both men and women. The court went on to observe that the principle of "equal pay
for equal work" is not a mere slogan but a constitutional mandate, and that it is the duty of the State to
ensure that this principle is upheld in all spheres of life.

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 International Conventions
Gender discrimination in remuneration has been a big problem worldwide for many countries for a long
time now. To solve this situation various conventions have been signed by the various countries. Some
of these conventions of which India is a part of are:
1. Convention on the Elimination of All Forms of Discrimination against Women (CEDAW):
India ratified CEDAW in 1993, which obligates states to ensure that women are not
discriminated against in the workplace on the basis of their gender. Article 11 of the Convention
specifically calls for equal remuneration for work of equal value for both men and women.
2. International Labour Organization (ILO) Convention 100: ILO Convention 100 calls for equal
remuneration for men and women for work of equal value. India ratified this convention in
1958.
3. Sustainable Development Goals (SDGs): The United Nations Sustainable Development Goals,
which India has committed to achieving, include a target to achieve gender equality and
empower all women and girls. This includes ensuring equal pay for work of equal value, as set
out in SDG 8.5.
4. Beijing Platform for Action: The Beijing Platform for Action, adopted at the Fourth World
Conference on Women in 1995, calls for the elimination of discrimination against women in
the workplace, including with respect to remuneration. It emphasises the need for equal pay for
work of equal value.

Government Schemes
The Government of India has launched various schemes and initiatives aimed at promoting equal pay
for equal work and reducing the gender pay gap. Some of the key schemes and initiatives in this regard
are:
1. Beti Bachao Beti Padhao (BBBP) Scheme: Launched in 2015, the BBBP scheme aims to
promote the education and empowerment of girls and women, and to address gender
discrimination and violence against women. The scheme includes provisions for promoting
equal pay for women and men, and for encouraging women's participation in the workforce.
2. National Rural Livelihood Mission (NRLM): The NRLM is a poverty alleviation programme
aimed at promoting the livelihoods of rural households, including women. The programme
includes provisions for promoting women's participation in the workforce and ensuring equal
pay for equal work.

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 3. Mahila E-Haat: Launched in 2016, the Mahila E-Haat is an online platform aimed at promoting
women's entrepreneurship and facilitating the sale of products made by women entrepreneurs.
The platform includes provisions for promoting equal pay for women and men.
4. Pradhan Mantri Mudra Yojana (PMMY): The PMMY is a scheme aimed at promoting the
establishment and growth of micro-enterprises, including those owned by women. The scheme
includes provisions for promoting equal pay for women and men, and for encouraging women's
entrepreneurship.
5. Maternity Benefit (Amendment) Act, 2017: The Maternity Benefit Act was amended in 2017
to increase the duration of maternity leave from 12 weeks to 26 weeks, and to provide for paid
leave for adoptive mothers and commissioning mothers. The amendment also includes
provisions for promoting equal pay for women and men.
These schemes and initiatives highlight the government's commitment to promoting gender equality
and reducing the gender pay gap in India. However, there is a need for continued efforts and stronger
enforcement mechanisms to ensure that women receive equal pay for equal work, and that they have
equal access to education, training, and employment opportunities.

Benefits of gender-neutral remuneration

The demand for gender neutral remuneration without any sort of discrimination has been in talks
because of various reasons. In this short note, we will discuss some of the key advantages of gender-
neutral pay and how it can positively impact both employees and employers.
1. Improvement of quality of life- All the factors affecting the lives of an individual will improve
in terms of quality when he or she has the proper economic means to obtain the required factors.
If each member of the society is well paid for the tasks they perform, then the basic needs such
as health, education and certain other desires of each individual can be satisfied and thus the
final goal i.e., to attain a welfare state can be fulfilled.
2. Attainment of equality in the society: The principle can be used to reduce the gaps between the
members of the society and avoids the creation of classes on the economic basis. This would
lead to the establishment of peace and cooperation in the society and the sense of mutual respect
and dignity of labour would develop.
3. Promotion and reinforcement of women rights-Female members of the society generally face
discrimination in the society due to lack of education and awareness of their rights and
capabilities. Through equal pay, their condition can be strengthened and they can be brought at
the same level alongside the men.
4. Sustainable and rapid development of the society- Men and women are the two wheels of the
same cart and it is impossible for the cart to move without either of the wheels. Thus, it is very

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 important to maintain a proper balance in the condition of both the male and female members
of the society for its smooth administration. For the sustainable and holistic development of the
society the development of each section of the society is hugely essential.
5. Economic development of the country- If each tier of the society participates equally in the
economic affairs of the society, then the economic condition of the country can be improved to
a greater extent and a robust economy can be established. And with a robust economy all the
other aspects of the state such as development, equity, welfare etc. can easily be achieved
6. Increment in Innovation and Competition- Equal pay gives the same platform and resources to
every individual and creates a suitable atmosphere for innovation. Once every individual comes
under the same footing, competition hikes, resulting in development of large numbers of skilled
and semi-skilled manpower.
7. Reduction in poverty- Equal pay would increase the assets of an individual though which he
can regulate the liabilities. In a family, with equality in payment of wages, it would become
easier to fulfil the basic needs and amenities and there won’t remain a burden on a single
individual to labour for the needs and deeds of the family.
8. Dignity of labour- Once people of different groups start getting equal remuneration for the same
kind of jobs they perform; a sense of mutual respect will develop among them and there won’t
be any division of class on the basis of labour.
9. Increment in the literacy rate and life expectancy- With rise in pay, quality education and health
facilities would be easily affordable for every individual and with its aid, it can be easier to
fulfil the needs and demands. Also, it can help in improving the HDI score of a nation.

Case Laws
1. Air India vs. Nargesh Meerza & Others (1981): The Supreme Court, in this case, held that
women employees of Air India were entitled to the same promotional opportunities and pay
scales as their male counterparts. The Court observed that the principle of equal pay for equal
work is a fundamental right enshrined in the Constitution.
2. State of Punjab vs. Dalbir Kaur (1994): The Supreme Court, in this case, held that the principle
of equal pay for equal work is applicable to daily wage employees also. The Court observed
that the payment of wages must be based on the principle of work done, and not on the basis of
the gender of the employee.
3. Municipal Corporation of Delhi vs. Female Workers (2000): The Delhi High Court in this case
held that the payment of lower wages to women workers who were doing the same work as
their male counterparts was violative of the principle of equal pay for equal work. The Court
directed the corporation to pay the women workers the same wages as their male counterparts.

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 4. Randhir Singh vs. Union of India (1982): In this case, the Supreme Court of India held that the
principle of "equal pay for equal work" is a constitutional goal and is applicable to all workers,
irrespective of their gender. The Court observed that the gender-based pay gap is a violation of
the fundamental right to equality guaranteed under the Constitution.
5. Hindustan Antibiotics Ltd. v. Workmen (2005): The Supreme Court held that payment of wages
to women workers lower than their male counterparts for the same work is discriminatory and
violative of the right to equality.
6. Kerala State Electricity Board v. P.K. Kunhikannan (2014): The Supreme Court held that the
principle of "equal pay for equal work" applies to temporary employees as well and that they
are entitled to the same wages as regular employees performing the same work.
7. P.K. Roy v. Union of India (2013): The Supreme Court held that women employees of the
Central Industrial Security Force (CISF) were entitled to equal pay for equal work and their
pay scale could not be lower than that of their male counterparts.

Conclusion
In conclusion, the Equal Remuneration Act, 1976 was a significant step towards promoting gender
equality in the workplace in India. The Act mandates equal pay for men and women for the same work
or work of equal value, and prohibits discrimination against women in matters related to recruitment,
promotion, and conditions of work. The Act also requires employers to maintain records of
remuneration paid to men and women and to submit annual reports to the appropriate authorities.
However, despite the existence of the Act, gender discrimination in remuneration remains a pervasive
issue in India. Women continue to earn less than men in many sectors, and face significant barriers in
accessing education, training, and employment opportunities. The lack of awareness and enforcement
of the Act among employers and employees alike further exacerbates the issue.
To address this issue, there is a need for greater awareness and education about the Act and its
provisions, as well as stronger enforcement mechanisms to ensure compliance. Initiatives such as the
Beti Bachao Beti Padhao scheme, the National Rural Livelihood Mission, and the Mahila E-Haat
platform show promise in promoting women's employment and entrepreneurship and closing the gender
pay gap.
Overall, while the Equal Remuneration Act, 1976 was an important step towards promoting gender
equality in the workplace in India, there is still a long way to go to ensure that women are truly valued
and paid equally for their work.

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