Gender Pay Parity - A distant dream (By Mausam Parikh)
STATEMENT OF PROBLEM
Each individual, who does any
work, anticipates and merits a remuneration which ought to be in standard
with the work and it ought to be equivalent for every one of the individuals who are doing
likewise work. It is sufficiently reasonable that if there are two
individuals doing likewise work, they
ought to get a similar sort of reward for it. But gender inequality in paying
remuneration, i.e., gender pay parity
exists on a large scale and women are being paid unequal wages for equal work just because of their gender.
REVIEW OF LITERATURE
(1) Somrita Ghosh, Equal pay for equal work still a distant
dream for Indian women, BUSINESS STANDARD
(March 8, 2018, 3:15 PM), https://www.business-standard.com/article/news- ians/equal-pay-for-equal-work-still-a-distant-dream-for-indian-women-march-8-is-international- women-s-day-118030800572_1.html
The article
talks about findings of one of the surveys
conducted by International Labour
Organisation (ILO) in 2017 regarding
gender pay parity.
(2) MJ Antony, Pay parity in retreat,
BUSINESS STANDARD (January
29, 2013, 2:54 AM),
https://www.business-standard.com/article/opinion/m-j-antony-pay-parity-in-retreat- 108112601078_1.html
The article talks about the judgement
in the case of Randhir
Singh V. Union of India.
(3) Sulekha Nair, From crèches to equal pay for equal work
:India Inc shows how to make workplaces
friendlier for woman, FIRSTPOST (March 10, 2016, 10:49 AM), https://www.firstpost.com/business/living-business/from-creches-to-equal-pay-for-equal-work-
india-inc-shows-how-to-make-workplaces-friendlier-for-women-2663100.html
The article includes suggestions and steps towards
reducing gender pay parity.
(4) Aimee Picchi, Equal Pay Day: 5 key points about the gender wage gap,
CBS NEWS (April
4, 2017, 8:32 AM), https://www.cbsnews.com/news/equal-pay-day-5-key-points-about-the-gender- wage-gap/
This article,
through key points,
talks about how the problem is much bigger than what deeper we
would have anticipated.
(5)
Lotika Sarkar, “Status
of women and law as an instrument of Social change”, K.L.T. 1982, p. 262.
It talks about the mentioning of gendera
equality in the preamble of the
charter of the United Nations Organization (UNO).
(6)
Vol.4, D.C.Jain: "Equal Pay for Equal
Work: Constitutional Ramification", Award Digest, Journal
of Labour Legislation, 1986, p. 109.
It talks about the Article 39 of the Constitution.
OBJECTIVES
·
To analyze the judicial
approach towards gender pay parity
·
To know the causes behind
the existing unequal
scenario
·
To list suggestions for reducing gender pay parity
HYPOTHESIS
1. Equal pay
for equal work leads to the realization of equality among females in the
spheres of economic life.
2. Equal pay for equal work
must be applied for the equal work of equal value.
3. The notion-
women are considered to be naturally inferior and henceforth, incapacitated
from getting equally remunerated, needs to
be changed.
4. The constitution in its basic structure annihilates bias.
5. There is a
need for enforcing stricter applicability of laws regarding equal remuneration
for equal work to reduce the existing pay gap between men and women doing equal work.
RESEARCH QUESTIONS
1. Whether the
judiciary plays a pivotal role in enforcing equalism in reducing gender pay
parity or not?
2. Whether the huge pay gap among males and females creates
a serious impact
in financial growth
of the country?
3. Whether
women are subjected to discrimination because of causes, apart from
socio-cultural causes?
METHODOLOGY
Law is a normative science that
is, a science which lays down norms and standards for human behaviour in a specified situation or
situation enforceable through the sanction of the state. What distinguishes law from other social
science is its normative character. This fact along with the fact that stability and certainty of law are desirable goals
and social values to be pursued,
make doctrinal research to be of primary concern
to a legal researcher.1
The study
conducted here is doctrinal. It is based on analytical research. It is an
explanatory kind of research as the
sub-topics have been analyzed in a genuine manner. Secondary sources of data
have been used as various news articles, books etc have been referred.
CHAPTERISATION
Introduction
Chapter
2-Introduction to gender pay parity and meaning of equalism Chapter
3-Findings under ILO 2017 survey
Chapter 4- Aid under Equal Remuneration Act, 1976 and Constitutional
aspects to gender pay parity
Chapter 5-
Causes leading to gender pay parity Chapter 6- Impacts
of gender pay parity
Chapter 7-Suggestions to reduce gender pay parity