In this blogpost, Saumya Agarwal, Student, Amity Law School, Delhi writes about the reasons for women being underpaid and the laws and cases relating to it. 

INTRODUCTION

Jennifer Lawrence recently started a debated when she said that women are not paid equal to their male counterparts. Recently, when some of the emails from Sony were leaked it said that she was paid less than her male co-stars in a movie. She said that she blamed herself for “not being a good negotiator.” She also said that she didn’t want to be labeled as “difficult” or “spoilt”. Further, she also pointed out that it’s not about the substandard pay to the women, it’s about women not wanting to be paid more. However, men are taught to walk into a room and demand to be heard. Men expect women especially in negotiations to be likable by being sweet, apologetic, and agreeable. The moment we stray, we’re labeled aggressive, pushy, unlikable.

AMERICAN LAW

Women may have gotten the Equal Pay Act in 1963, making it illegal to pay men and women differently for the same type of work, but today, women are still paid, on average, only 78 cents for every dollar a man earns. For women of color, that pay gap is even wider. In 2009, President Obama signed the Lilly Ledbetter Fair Pay Act, intended to restore and improve on equal pay law.

INDIAN LAW

Similar laws in India are Equal pay for equal work which is a Directive Principles of State Policy under the Constitution. According to Article 39 (d), the state shall, in particular, direct the policy towards securing that there is equal pay for equal work for both men and women.

Under Section 4 of the Equal Remuneration Act, 1976 which says that it is the duty of the employer is to pay equal remuneration to men and women workers for same work or work of similar nature.

Section 5 of the Act specifically makes positive discrimination against women as it says that no employer while making recruitment for the same work or work of a similar nature make any discrimination against women.

The penalty for the discrimination is given in Section 10 (2) which says that if any employer

(a) makes any recruitment in contravention of the provisions of his Act, or

(b) makes any payment or remuneration at unequal rates to men and women worker, for the same work or work of a similar nature, or

(c) makes any discrimination between men and women workers in contravention of the provisions of this Act,

he shall be punishable with fine which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees or with imprisonment for a term which shall be not less than three months but which may extend to one year or with both for the first offence, and with imprisonment which may extend to two years for the second and subsequent offences.

CASES

The most important case for equal pay for equal work is Randhir Singh vs. Union of India in which the Supreme Court held that the principle of “equal pay for equal work” though not a fundamental right, it is certainly a constitutional goal and, therefore, capable of enforcement through constitutional remedies under article 32 of the constitution.

In the case of Grih Kalyan Kendra vs. Union of India, the Supreme Court said that “Equal pay for equal work is not expressly declared by the Constitution as a fundamental right but in view of the directive principle of state policy as contained in Article 39(d) of the Constitution “equal pay for equal work” has assumed the status of Fundamental Rights in service jurisprudence having regard to the constitution mandate of equality in Article 14 and 16 of the constitution.”

CURRENT SITUATION

Women face discrimination in all facets of life. Discrimination in the workplace is nothing new. Discrimination against women is unfair. They face inequality even before they are hired,.

Women employees earn 27% less than men in India. According to a report of 2015, on an average, men earn Rs. 259.80 per hour whereas their female colleagues earn just Rs. 190.50.[1] The report also stated that the pay gap wasn’t uniform across the sectors. In the IT sector, women earn around 34% less while the difference is only 19% in the finance sector.

Society has a tendency to associate managerial jobs with men because they consider it to be associated with ‘male’ traits such as assertiveness and confidence. Stereotypically masculine characteristics are associated with some particular jobs and women being soft and kind towards others. However, this stereotype is an impediment to the growth of women. This greatly affects the women who actually want to achieve big in her life. These women are named to be “ambitious”. Is wanting more being ambitious? Why are men who want more not named ambitious? This stereotype explains why women are so scarcely present in some leadership team. The above stereotype also scarce some women who hesitate to apply for senior roles which require stereotypically male characteristics.

Women are asked their age and the time they plan to get married by the interviews while hiring them. Are men asked the same? Why should women be subjected to such discrimination? Is it only a woman’s responsibility to start a family? Why are women only being blamed for starting the family? Just because a woman goes on a maternity relief, that doesn’t mean that she cannot be an asset for the company anymore? The answer to all the above questions is no. It is both the gender’s responsibility to eliminate the discrimination against women. More programs like He for She should be started. Unless both the genders do not work towards achieving the goal of eliminating the discrimination, nothing can be done.

CONCLUSION

To eliminate the discrimination against women, what the company should look at while hiring an employee is the qualifications of the employees, how productive can the employee be for the company, overlooking the gender. If a woman is as qualified a man, then she should be paid as much as the man. If the woman has the same job as the man, then she should be paid the same.

If women are as qualified as men then why should they not be given the same wage as their male counterparts? It not only lowers the self-esteem and morale of the women, but it also affects their productivity. If they are going to be treated as second citizens then how will they find the confidence of working in a company?

SAME JOB, SAME WORK SAME PAY

[1]http://articles.economictimes.indiatimes.com/2015-01-20/news/58268083_1_education-sector-women-employees-rs-150