The Supreme Court of India issued a ruling on the constitutionality of the concept of equal pay for equal work for male and female employees. Despite the fact that the gender pay gap between male and female lawyers is significant, it is a reality. Read this blog to know more.
The term “gender wage gap” refers to the average variation between the salary earned by working females and working males in India. In several places, women are regarded as being paid significantly less than their male counterparts.
The phrase “equal pay for equal work” refers to the idea that everyone who has been hired to do the work that has been assigned to him or her should earn a salary that is equal to that of others. The payment of wages shouldn’t be done in a biased way. It is most frequently used in relation to the gender pay gap and sexual discrimination. In comparison to men, women are constantly perceived as inferior and inept, whereas males are always seen as superior and having potential.
A number of law firms are actually biased against females for the usual reasons, such as the fact that she may take time off to start a family, that she cannot be trusted with significant briefs, and that she is regarded as less capable and committed if she takes time off to start a family. There is also a burden on women to be better than their male associates, and women advocates or judges who battle to make their voices heard are normally explained as aggressive. This quality is observed as a virtue in male legal professionals, though.
Legal Elements of Unequal Pay for Women
There are a number of causes behind the broad gender gap in India between males and females. It has been argued that the traditional and religious environment in the country is a significant cause behind this. Women in India are forced to deal with issues across their lives, extending from patriarchal households, stigma across working matters, husbands who do not desire to have life partners who are earning more, and themselves, to mostly inadequate access to a proper education by all.
According to a 2019 investigation conducted by Monster.com, approximately 60% of working women in India face discrimination at their workplaces; 33% indicated that they are consistently overlooked for top jobs, and 46% stated that their boss observed that they would quit following maternity leave. It should also be noted that 86% of females considered safety to be an important factor when applying for jobs, and 50% thought working the night shift was dangerous and undesirable.
All this information provides a definite picture of the reason why few women in the country choose to join the workforce as compared to men. The survey also identified that the gender wage gap only widened as women’s age and experience increased in the formal sector in India. It is essential to take steps on a local level for the removal of communal stigma around women in the workplace, forming a safer environment, and motivating them to become financially independent.
It is essential that female members of the legal advice profession be more proactive. They will work together to address the gender pay gap in the workplace. There are a number of female advocates who could lead such associations, and while things may not be changed overnight, such problems can be addressed gradually.
Reasons for Gender Pay Gap
The causes of the gender pay gap in a nation like India are a little more complicated and can be related to factors ranging from socioeconomic to cultural factors. Sometimes parents force their daughters to skip school or quit early. Here are a few more reasons why the gender pay gap is persistent in the country.
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Culture
Women are seen to be barred from the paid labour market and that labour is separated according to status, despite social and cultural standards in India varying from state to state. Ironically, even when it was critical for their survival, women from higher castes had more trouble getting paid job. Because childcare is typically viewed as being a woman’s responsibility, women usually pursue part-time jobs or take time off from their employment to care for their family. When workers return to the office following a break, they are paid less than their male counterparts.
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Occupation
Typically, fewer women than men participate in the paid labour force, with the agricultural sector being the predominant concentration in rural areas. In rural North India, it has been observed that there is a distinct gender divide in the labour force. Female labour participation has been reported to be greater in India’s informal economy, particularly in the agricultural and personal services and care sectors. Additionally, studies have shown that over 60% of the reasons for the gender pay disparity in India are attributable to overt workplace discrimination.
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Unpaid Work
Women spend nearly two-thirds of their working time on unpaid work, compared to males who only spend one-fourth of their time on it, according to the Human Development Report 1995. Women in India are thought to work an additional 21 hours per week than men. In India, agriculture today accounts for more than two-thirds of all jobs, however, the majority of the work performed by women in this sector is not officially recorded or accounted for. Once again, the total number of men and women employed is not considered.
Conclusion
There is not any doubt that in India, there has always been a powerful skeletal framework in the context of rules and regulations assisting women to chase a career and become independent. Despite the fact that there is still a significant way to apply such laws, It is also vital that the existing laws regulate not only the formal employment sector but also the unorganised sector. In India, there is a major gender pay gap among lawyers, and women are paid less as compared to men.
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FAQs
What is the law of gender pay gap in India?
The Equal Remuneration Act was passed in 1976 to ensure that men and women receive equal pay for equal work. The act applies to all organizations, whether public or private and covers both regular and casual employees.
What is the law for equal pay in India?
According to the Section 4 of the Equal Remuneration Act - (1) No employer shall pay to any worker, employed by him in an establishment or employment, remuneration, whether payable in cash or in kind, at rates less favourable than those at which remuneration is paid by him to the workers of the opposite sex in such establishment or employment for performing the same work or work of a similar nature. (2) No employer shall, for the purpose of complying with the provisions of sub-section (1), reduce the rate of remuneration of any worker. (3) Where, in an establishment or employment, the rates of remuneration payable before the commencement of this Act for men and women workers for the same work or work of a similar nature are different only on the ground of sex, then the higher (in cases where there are only two rates), or, as the case may be, the highest (in cases where there are more than two rates), of such rates shall be the rate at which remuneration shall be payable, on and from such commencement, to such men and women workers: Provided that nothing in this sub-section shall be deemed to entitle a worker to the revision of the rate of remuneration payable to him or her with reference to the service rendered by him or her before the commencement of this Act.
What is the gender pay gap in India 2023?
According to International Labour Organization, the gender pay gap in India as of 2023 is 27%
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