Creme Magazine, March 2017.

Despite the Universal Declaration of Human
Rights prohibiting discrimination on the basis
of gender, 69 years later, virtually no country has
achieved gender equality. Although there have
been considerable progresses in empowering
woman, gender discrimination still prevails and is
particularly evident in terms of employment. Not
only are women underrepresented (according to
World Bank data they make up only 39.6 per cent
of the global labor force), but also they regularly
face unequal pay despite being equally educated
and having similar skills.
However, India does not lack a propitious
legislative framework to ensure
gender equality. In fact, article
39(d) of the Constitution
of India provides that the
government must ensure equal
pay for equal work for both
men and women. The Equal
Remuneration Act, 1976,
was subsequently enacted to
implement this article, and
it prohibits discrimination
in recruitment of women
and provides for the setting
up of advisory committees
to promote employment
opportunities for women.
Further, although the Labour
Code of Wages Bill, 2015,
provides for the appointment
of an authority to try cases
relating to non-payment of
equal remuneration to men
and women, the Bill has not yet
turn into a law.
The Supreme Court
recently found, in State of
Punjab Vs Jagjit Singh (2016),
that every employee, whether
temporary or regular, has a right
to receive equal remuneration
and that there cannot be any distinction between
individuals employed at the same position. The
Apex court thus reaffirmed that the principle of
‘equal pay for equal work’ constitutes a clear and
unambiguous right vested in every employee.
In India, the gender pay
gap is damning. The World
Economic Forum Report
2010 suggests that in
corporate India, the
average annual income of
woman is $1,185,
considerably less than that
of a man ($3,698). The
International Labour
Organization’s Global
Wage Report also points
that India ranks amongst
countries with the worst
gender pay gap, i.e. more
than 30 percent. India
does not lack a propitious
legislative framework to
ensure gender equality.
Article 39(d) of the
Constitution of India
provides that government
must ensure equal pay for
equal work for both.
But such legislations and legal advancements
have not fulfilled their promises. Gender inequality
in employment is a complex problem that finds its
root in a plethora of factors. In fact, India remains
a strong patriarchal society resulting in cultural
barriers and occupational segregation of women
in employment. Many still believe that a woman
should only assist the man in a family rather than
equally contributing to it. This reflects in the
employment sector where it is not uncommon
for employers to think that a woman will probably
not be able to work after marriage, after having a
child or simply work as efficiently as a man. Such
gender-based stereotypes
prevent people from grasping
the productive and valuable
capacity of women’s input
in an organisation. But,
according to a 2015 study
conducted by McKinsey
Global Institute, India could
increase its GDP up to 60
per cent by 2025 simply by
bridging the gender-gap
in employment.
The issue of gender
discrimination in employment
is not specific to India. In fact,
according to UN data, women
earn 24 per cent less than men
on a global scale. Clearly, and
despite positive steps, progress
in woman empowerment is
stalled. It is advisable, that
existing forums and available
remedies are brought to
women’s awareness on a
broader scale; that counseling
and guidance on career
options are put into place; that
the values of gender equality
are promoted through
education. But, it is evident
that enabling ourselves with laws promoting gender
equality is not sufficient to cure a problem in our
collective mindset. We need to start changing our
attitude to truly seize the real potential of women as
active actors of our society and economy.