How wage inequality is violating essence of article 14 & 15 of Indian constitution

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How wage inequality is violating essence of article 14 & 15 of Indian constitution 

(By Rounakshi Dey ) 

Image By:- Kanishka Sharma 

“Far too many women are hesitant, and remain trapped in jobs for which they are over-qualified or paid beneath their worth”. Social Security has been an important factor in the existence of mankind. We have a long way from the Stone Age to the Aryan civilization to the British Rule to modern times. Articles 14 and 15 of our constitution aims at protecting equality among all its citizens, yet has failed to eliminate the wage discrimination completely. In the eyes of law, everyone is at par but in the practical, real-world scenario, the situation is different. Discrimination continues in the workplace which gets reflected in the wages. The basic three requirements of man-kind are food, clothing and shelter remain constant. Wages are required by all to fulfill these basic needs. The Socio-economic structure of our Nation has created a huge bridge between different strata of people. Discrimination in wages adds to the gap.

Articles 14 and 15 of our Constitution:

Article 14 of our Constitution says that every citizen is equal in the eyes of law and will get equal protection of law within the territory of our country. Article 15, protects the citizens of the Nation against discrimination based on caste, sex, religion, birth, or any of them. Both of these protect the citizens against discrimination and ensures equality. Though wages disparity is not mentioned exclusively in these articles, yet discrimination of wage is a violation of these Articles. Any citizen facing any such discrimination can approach the court on the basis of his rights being violated. Equality is our right and by no means should we be denied of it. When we are not paid equal wages in the same position and for the same labor we can raise our voice and demand implementation of equality.

Inequality in Wages:

“Equal Pay for Equal Work” is the right of every working citizen of the Nation. Yet time and again the citizens have moved to the court demanding their right to equal pay. Though this inequality in wages is quite a common phenomenon yet only a few times have cases been brought to the limelight. This is a burning problem of our society, yet receives very little media coverage. Bollywood’s celebrities have often spoken of unequal wages owing to discrimination against sex yet, the norm continues. Film stars receive maximum limelight and their voices against inequality in wages are heard by the public yet many women at the workplace are victims of unequal wages which are never brought to daylight. Fighting against the organization is avoided by most of the employees for the fear of being terminated. Women are the most victims of this disparity in the workplace. Patriarchal mindset is deeply rooted in our society owing to which women are always considered inferior to men. This is reflected even in the workplace where they are paid less than their men counterparts owing to this mindset. Women continue to adjust and suffer silently and this inequality continues for ages. ‘Equal pay for Equal work’ is our right, and we should vehemently fight for it.

Legal Involvement in Violation of Articles 14 and 15:

  • State of UP vs. J.P Chaurasia Case: A case was filled in the state court of Uttar Pradesh owing to different pay scales for people working in the same cadre. This violated the equal pay for equal work clause. The case escalated and the Supreme Court gave its verdict that different pay scales in the same cadre can be fixed if there exist differences in the nature of work and responsibilities shouldered.

  • State of A.P. vs. V.G. Sreenivasa Rao: A person in the junior cadre named Shri Janikirama Rao was drawing more salary than his seniors. The seniors filed a case against the discrimination, stating ‘equal pay for equal work’. The Supreme Court dismissed the claim stating that if there is a rational basis for giving more salary to a junior employee, Article 14 of our Constitution is not violated.

  • State of Haryana vs. Rajpal Sharma: Private School teachers should be entitled to the same salary and dearness allowance as their Government school counterparts declared by the High Court of Haryana keeping in view Article 14 of the Indian Constitution.

  • Randhir Singh vs. Union of India: The Supreme Court followed the principle of ‘equal pay for equal work’ and said that this was applicable to daily wage workers too. The verdict said that daily wage workers were entitled to equal wages as permanent workers if the work was equal in all aspects.

If we are wronged by someone we should raise our voices immediately. Only if all the victims join hands together and protest against the wrongdoers only then the society is going to change for the better. Demanding equal pay for equal work is not a favor rather our legit right. Next time, we see someone being victimized on grounds of unequal wages; we should stand by that person and raise our voices in unison against the organization. Let’s work towards a Nation where equality prevails in all aspects…

  


  




Disclaimer:-

The opinions expressed in this article are the personal opinions of the author. The facts and opinions appearing in the article do not reflect the views of Light de Literacy and LDL does not assume any responsibility or liability for the same.


An NGO, run by group of socially active, determined & educated youths, aims to educate underprivileged children.

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