Articles 16 and 39(d) of the Indian Constitution are the main provisions that address women’s rights to equal pay. As per Article 16, Equality of Opportunity in Matters of Public Employment 1975, all citizens are guaranteed equal opportunities in matters pertaining to public employment. In order to guarantee equal access to public employment, this article permits the state to make particular measures for women and other marginalised groups. It criminalises any discrimination regarding religion, colour, caste, sex, descent, place of birth, or domicile at the workplace. The Equal Remuneration Act guarantees equal compensation for equal labour. Part of Article 39 (d), the act forbids discrimination in hiring and compensation, guarantees equal compensation for men and women doing the same or comparable work, and advances gender equality in the workplace.
The Right to Equal Pay for Women in India – Article 16 & 39(d)
