Constitutional and Legal Dimensions on the Doctrine of Equal Pay for Equal Work: An Indian Perspective
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Date
2014-01
Authors
Ratemo, Tom Junior
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Rostrum's Law Review
Abstract
The doctrine of equal pay for equal work is a concept that has gradually evolved and has come to be recognized by a number of countries world-wide due to an increase in the instances of discriminatory pay scales for the same type of work1. Article.23 (2) of the Universal Declaration of Human Rights, 1948 debars all types of distinctions and classifications and clearly asserts that ‘everyone without any discrimination has the right to equal pay for equal work’. Similarly, Art.7 of the International Covenant on Economic, Social and Cultural Rights, Art.15 of the African Charter on Human and Peoples’ Rights, the International Labour Organisation Declaration on Fundamental Principles and Rights at Work, Art.11 of the Convention on the Elimination of All Forms of Discrimination against Women, S.59 of the Hungarian Labour Code, Clause 2 of S.111 of Czechoslovak Code, S.67 of the Bulgarian Code, S.40 of the Code of German Democratic Republic, Para 2 of S.33 of the Rumanian Code, Art.2 of the Convention Concerning Equal Remuneration for Men and Women Workers for Work of Equal Value, etc., are other best international instruments that uphold the doctrine of equal pay for equal work. However, even after six decades of independence and with the existence of the international instruments that promote the principle of equal pay for equal work, and more importantly with the world’s biggest Constitution, India still lacks a comprehensive and transparent wage policy for men and women in all the sectors of the economy2.
In this paper, a detailed analysis of various constitutional and legal provisions including judicial pronouncements relating to the doctrine of ‘equal pay for equal work’ shall be undertaken. For proper perception, this paper is divided into five parts. The first part is an introductory part while the second part deals with the constitutional and legal provisions in existence in India relating to the doctrine. The third segment explains the applicability of the doctrine while the fourth part deals with the burden of proof of the doctrine. The last part is reserved for conclusions arrived at from the study.
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Junior, R. T. (2014). Constitutional and Legal Dimensions on the Doctrine of Equal Pay for Equal Work: An Indian Perspective. Rostrum’s Law Review, 1(1). https://journal.rostrumlegal.com/constitutional-and-legal-dimensions-on-the-doctrine-of-equal-pay-for-equal-work-an-indian-perspective