women and law final project.docx

8/12/2019 WOMEN AND LAW FINAL PROJECT.docx

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PROJECT ON

PROTECTION OF WOMEN

AND

THE EQUAL REMUNERATION ACT


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TABLE OF CONTENTS

INTRODUCTION

CONSTITUTIONAL RIGHTS TO WOMEN

EQUAL REMUNERATION ACT.

EUAL PAY FOR EQUAL WORK.

CONCLUSION

ACKNOWLEDGMENT


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I, SRIKANTH, would like to express my gratitude to our WOMEN AND

LAW teacher Prof. G. YAZDANI for his enlightening and valuable

teaching which has helped me in completing this assignment

successfully with this ease.

Thank You

INTRODUCTION


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The struggle for legal equality for women has been one of the major concerns of the Women

movements all over the world. Any attempt to change the position of women in any aspect

involves the question of legislative and judicial reforms. However, these attempts achieve little

success without a simultaneous movement to change the social and economic systems andcultural values of the society. In India the first movement for women's rights centered around the

three major problems of infant marriages enforced widowhood and property rights for women.

Several women activities focused attention on the gender based oppression `of women.

Gandhi strongly advocated women's equality in some spheres and provision of ample

opportunities for self-development and self realization. He frequently lamented the "Women has

been suppressed under customs and law for which man was responsible". He reiterated "to methe female ` sex is not the weaker sex; it is the nobler of the two, for it is even today the

embodiment of sacrifice, silent suffering, humility, faith and knowledge". Throughout his life

Gandhi ji relentlessly fought for spreading education among woman in the country. IT was

against the ban on widow remarriage, calling it "this position of enforced widowhood." In 1926he spoke against the double standards for men and women related to morality and divorce.

Jawaharlal Nehrus views on the development of the status ofwomen were more in keeping with

those of the enlightened reformers of the time. He emphasized the necessity for women to work

outside the home, to be economically independent. lf women is not economically free andself-earning, she will have to depend on her husband or some one else and dependents are never

free. This economic bondage was the root cause of the troubles of the Indian women. He said

that women had to engage in a double struggle, against imperialism and against oppression by

men and that their struggles were intimately linked and he gave importance towomen education.

In 1917 Sarojini Naidu, and Margaret cousins met the Viceroy and put forward demands for

female franchise. In 1919, similar attempt was again made by Sarojini Naidu. In 1918 the Indian

National Congress also supported the voice of vote to women. The constitutional reforms of1919 allowed provincial legislatures to decide on the issue, therefore in 1921 Madras province

allowed their women to vote. In 1926 women were also given the right to represent in the

legislature, Dr. S. Muthulakshmi Reddy became the first woman legislative councilor in Madrasin 1926. She strove to introduce social legislation such as Devdasi Bill, banning temple

prostitution ol young girls. Indian women also took active part inthe Indian freedom struggle.

They worked with Gandhi and Nehru. Kamala Devi Chattopadhyaya, a militant Congress activist

was among the first to break the salt law and recalled that thousands of women strode down tothe sea like proud warriors.

CONSTITUTIONAL RIGHTS TO WOMEN


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After independence the movement for women emancipation entered a new phase. The country

saw a spate of blood and progressive reforms aimed at womens development. Besides, theconstitution of India incorporated a number of provisions for the protection and development of

women and placed them at par with men, Article 14 ofthe Constitution states that "the State

shall not deny to any person equality before law or the equal protection of the laws within theterritory of India". lt not only prohibits discrimination but makes various provisions for theprotection of women.

Article 14, 15 specially 15 (3), 16 and 39 deserve special mention in this regard. Flights

guaranteed under article 14, 15and 16are fundamental rights and if they are violated by the State,a citizen can move the High Court or even the Supreme Court. There have been relatively few

cases in which Court under Art. 32, and on the High Court under Article 226, to issue writs for

the enforcement of the Fundamental Rights is explained thus by the Supreme Court:- "The

makers of the constitution having decided to provide for certain basic safeguards for the peoplein the new setup, which they call the Fundamental Flights, evidently thought it necessary to

provide also a quick and in expensive remedy for enforcement of such rights and finding that the

prerogative writs which the Courts in England has developed and used whenever urgentnecessity demanded immediate and decisive interposition, were peculiarly suited for the purpose,

they conferred in the State's sphere, new and wide powers on the High Court of issuing

directions, orders or writs, primarily for the enforcement of fundamental rights, the power to

issue such directions, "for any purpose" being also included."

Women have asserted their right to equality by moving the courts. Articles 38 and 39 embodythe jurisprudential doctrine of distributive justice. The very purpose of these articles is to bring a

just social order in the country by a silent revolution .It is to be noted here that Article 39

contains economic principles. Article 39 (b) and (c) together with other provisions of the

constitution contain the main objectives, namely, the building of a welfare society and aequalitarian social order in the Indian Union. When the constitutional makers envisaged

development in social, economic and political fields, they did not desire that it should be a

society where a citizen will not have the dignity of the individual.

Ftandhir Singh v. Union of India, and P. Savita v. Union of India gave a new look to Art 39 (d)

Laying down - a principle that persons holding identical posts and discharging similar dutiesshould be treated alike. In the series of protection to women in India, the State has been placed

under a duty to make provision for securing just and humane conditions of work and for

maternity relief T. In response to the above principles, the State in 1961 passed the Maternity

Benefit Act. Certain amendments have been made to the Act by Maternity Benefit Amendment

Act (61 of 1988). It is, therefore, obvious that after independence with a view to uplift the statusof women in the society quite a good number of legal rights have been created by statutory

enactments. An attempt is therefore made here to highlight them in brief.

The Equal Remuneration Act, 1976


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Laws relating to Equality and Empowerment of WomenEqual Remuneration Act, 1976

TheEqual Remuneration Act, 1976 aims to provide for the payment of equal remuneration to

men and women workers and for the prevention of discrimination, on the ground of sex, againstwomen in the matter of employment and for matters connected therewith or incidental thereto.

According to the Act, the term 'remuneration' means "the basic wage or salary and any additional

emoluments whatsoever payable, either in cash or in kind, to a person employed in respect of

employment or work done in such employment, if the terms of the contract of employment,express or implied, were fulfilled". Nothing in this Act shall apply:- (i) to cases affecting the

terms and conditions of a woman's employment in complying with the requirements of any lawgiving special treatment to women; or (ii) to any special treatment accorded to women in

connection with the birth or expected birth of a child, or the terms and conditions relating toretirement, marriage or death or to any provision made in connection with the retirement,

marriage or death.

TheCentral Industrial Relations Machinery (CIRM) in the Ministry of Labour is responsible forenforcing this Act. CIRM is an attached office of the Ministry and is also known as theChief

Labour Commissioner (Central) [CLC(C)] Organisation.The CIRM is headed by the ChiefLabour Commissioner (Central).

The main provisions of the Act are:-

No employer shall pay to any worker, employed by him/ her in an establishment, aremuneration (whether payable in cash or in kind) at rates less favourable than those at

which remuneration is paid by him/ her to the workers of the opposite sex in such

establishment for performing the same work or work of a similar nature. Also, no

employer shall, for the purpose of complying with the provisions of this Act, reduce therate of remuneration of any worker.

No employer shall, while making recruitment for the same work or work of a similarnature, or in any condition of service subsequent to recruitment such as promotions,training or transfer, make any discrimination against women except where the

employment of women in such work is prohibited or restricted by or under any law for

the time being in force.
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Every employer shall maintain such registers and other documents in relation to the

workers employed by him/ her in the prescribed manner.

If any employer:- (i) makes any recruitment in contravention of the provisions of thisAct; or (ii) makes any payment of remuneration at unequal rates to men and women

workers for the same work or work of a similar nature; or (iii) makes any discrimination

between men and women workers in contravention of the provisions of this Act; or (iv)omits or fails to carry out any direction made by the appropriate Government, then he/

she shall be punishable with fine or with imprisonment or with both.

Where an offence under this Act has been committed by a company, every person who atthe time the offence was committed, was in charge of, and was responsible to the

company for the conduct of the business of the company, as well as the company, shall bedeemed, to be guilty of the offence and shall be liable to be proceeded against andpunished accordingly.

The fact that women get paid less than their male counterparts, especially in the unorganisedsector, is rarely questioned

A woman agricultural labourer bent over for hours in a paddy field, transplanting saplings in

incessant rain, gets paid less than a male worker on the pretext that her work is less strenuous.

A woman worker on a construction site does not get paid on a par with her male counterpartbecause her work is less skilled.

It goes without saying that the concept of strain or skill is defined in male-centric terms,

undervaluing a woman's labour. On Women's Day, the reports related to various types of work in

this edition of State of Affairsillustrate this bias.

The practice of women employees getting paid lesser than their male counterpartsespeciallyin the unorganised sector which includes the agriculture and construction industry is almost

taken for granted. Except in public sector undertakings, government administration and urban

private establishments, women are hardly ever paid on a par with men. On the other hand, the

work of women in largely feminised sectors such as the garment industry is highly undervalued.

What laws say


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This is the scenario despite the fact that Article 14 of the Constitution of India provides all

citizens the right to equality before law. Under Article 16, a person is entitled to equality of

opportunity in matters of public employment. Equal pay for equal work is one of the Directive

Principles of State Policy. Equal Remuneration Act, 1976, explicitly provides for payment ofequal remuneration to men and women workers and aims to prevent discrimination on the

grounds of sex against women in the matter of employment.

As S. Varalakshmi, All-India Secretary for Centre of Indian Trade Unions (CITU), observes

discrimination is embedded in the use of language itself. We never simply say aalu' (worker)but say hennalu' (woman worker) and gandalu' (male worker), she says. Categorisation and

discrimination starts right there. Mallige, who is part of a team studying Changing Socio-

Economic Conditions and Political Economy of Karnataka, says that while other forms of

economic coercion such as bonded labour, vetti/bitti chakari(free labour) and ayagarasystem(annual payment made in kind) are slowing going out of practice, discrimination in wages based

on gender still prevails. The study, being conducted by Neladhwani Trust, Karnataka Janashakti

and Pedestrian Pictures, shows that gender discrimination in wages is internalised by both men

and women. Lower wages payable to women has led to more feminisation of rural labour,observes Mallige.

Ms. Varalakshmi adds that increasing casualisation and contractualisation of work, especially

after the 1990s, has led to more women getting into the workforce for lesser pay.

Hardly any cases

Even as the promise of Equal pay for equal work' is blatantly flouted, the number of cases

booked under the Equal Remuneration Act, 1976, and convictions remain abysmally low.

According to Labour Department data, there were only 42 prosecutions under the legislation inthe entire State in 2010. Of these, 19 were convicted and a fines totalling Rs. 84,000 collected. In2011, there were 43 cases, 23 convictions and Rs. 80,400 collected as fine. Officials say that

while these were cases filed during inspections, women voluntarily making claims

Existing Provisions


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Section 5: No discrimination to be mad while recruiting men and women workers - On and from

the commencement of this Act, no employer hall while making recruitment for the same work or

work of a similar nature, (or in any condition of service subsequent to recruitment such aspromotions, training or transfer), make any discrimination against women except where the

employment of women in such work is prohibited or restricted by or under any law for the time

being in force - Provided that the provisions of this section shall not affect any priority orreservation for Scheduled caste or Scheduled Tribes, ex-servicemen, retrenched employees orany other class or category of persons in the matter of recruitment to the posts in an

establishment of employment.

Section 7: Power of appropriate Government to appoint authorities for hearing and deciding

claims and complaints - i) the appropriate Government may, by notification, appoint such

officers, not below the rank of a Labour Officer, as it thinks fit to be the authorities for thepurpose of hearing and deciding. a) Complaints with regard to the contravention of any provision

of this Act. b) Claims arising out of non-payment of wages at equal rates to men and women or

work of a similar nature; and may , by the same or subsequent notification, define the local limits

within which each such authority shall exercise its jurisdiction. ii) Every complain or claim referred to in sub-section (1) shall be made in such manner as may be prescribed. iii) If any

question arises as to whether two or more works are of the same nature or of a similar nature, itshall be decided by the authority appointed under sub-section (1). iv) Where a complain... v)Every authority appointed under sub-section (1) shall have all the powers of a Civil Court under

the Code of Civil Procedure, 1908 (5 of 1908), for the purpose of taking evidence and of

enforcing the attendance of witnesses and compelling the production of documents, and everysuch authority shall be deemed to be a Civil Court for all the purposes of section 195 and

Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).

Section 10: Penalties (1) - If after the commencement of this Act, any employer, being required

by or under the Act so to do -a)...., b)...., c....., d)..he shall be punishable (with simple

imprisonment for a term which may extend to one month or with fine which may extend to ten

thousand rupees or with both). ii) ...., iii)....

Section 15: Act not to apply to certain special cases - Nothing in this Act shall apply - a) tocases affecting the terms and conditions of a women's employment in complying with the

requirements of any law giving special treatment to women, or b) to nay special treatment

accorded to women in connection with - i) the birth or expected birth of a child , or ii) the terms

and conditions relating to retirement, marriage or death or to any provision made in connectionwith the retirement, marriage or death.

Suggested Amendments by NCWSection 5: For the words, 'except where the employment ofwomen in such work is prohibited or restricted by or under any law for the time being in force'

following words will be substituted - 'except where the employment of women in such work is

likely to physically or psychologically affect her'.

This section will read as - 'On and from the commencement of this Act, no employer shall while

making recruitment for the same work or work of a similar nature, (or in any condition of servicesubsequent to recruitment such as promotions, training or transfer), take any discrimination


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against women 'except where the employment of women in such work is likely to physically or

psychologically affect her'.

Section 7Sub - section (1): For the words - 'the appropriate Government may by notification,

such officers, not below the rank of a Labour Officer' - the following words shall be substituted

'The appropriate Government may, by notification, appoint women officers having experience ofnot less than 5 years in Labour Practice.'

This section will read as - (1) 'The appropriate Government may, by notification, appoint womenofficers having experience of not less than 5 years in Labour Practice' as it thinks fit to be the

authorities for the purpose of having and deciding -..., ..... For sub-section (2) following will be

substituted - 'The complain or claim referred to in sub-section (1) can be taken cognizance eithersuo -moto by the officers appointed under Section 7(1) or at the instance of voluntary agencies or

person aggrieved in such manner as may be prescribed'. Note: Though, the adjudicatory authority

has been provided power under Section 7(5) of the Civil Court for the purpose of taking evidence

and enforcing attendance of witness and compelling the production of documents. But he

adjudicatory authority has not been provided any power to enforce its order under the Act. Forany adjudicatory authority to b effective, it has to be provided sufficient teeth. It is necessary for

proper and effective functioning of the adjudicatory authority that it is provided power ofenforcement of its order and in case of failure by the employer, then it should have power to

impose penalty.

Section 10: After sub-section (3) a mew sib-section (4) shall be added - 'where an employer or a

person against whom a complaint is made falls or omits to comply with any order made by the

office under Section 7(1), such employer or person shall be punishable with imprisonment for a

term which shall not be less than one month but which may extend to one year, or with finewhich shall not be less than Rs.10,000/- but which may extend to Rs.20,000/- or with both.

Provided that the officer it satisfied that the circumstances of any case so require, impose asentence of imprisonment or fine, or both, for a term lesser then the minimum term and theamount lesser then the minimum amount, specified in this sub-section' for reason to be record in

writing.

Section 15: After Section 15, the following explanation will be added - 'Explanation' the special

treatment given either under this Act, or any other Act for the time being in force will not be

detrimental to the interest of the woman. Special treatment clause should ensure that any act oromission of this Act shall not be detrimental to the interest of the woman.

Justification

Section 5: Under Section 5 women are prohibited or restricted by law to take up certain

employment or to take up the employment during particular hours of the day. It is high time thatthe list of the category of the work, wherein women are prohibited or restricted by law from

taking the work is pruned down, unless the same is hazardous and threatens the life and limp of

the women. Today, the women are giving effective competition to men in different sphere ofactivity and has proven themselves. It the restrictions are not removed or significantly curtailed,


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then they are likely to be challenged on the ground of discrimination and violation of Article 14

of the Constitution.

Section 7: Section 7 relates to the officer manning the adjudicatory body. It is the first pint of

contact for the aggrieved party. The Act provides for a Labour Officer to hear the complaint

relating to contravention of any provisions of the Act of non-payment of equal wages. Since thecomplaints primarily emanates from Women section of the employees it is of utmost important

that the adjudicatory authority should provide assurance and should inspire confidence of

aggrieved party. For this reason, the Labour Officer who has been empowered under this Sectionshould be a women with background of Labour practices.

The power of filing complaint should not be confined only to the aggrieved party. It has to bebroad based on any information relating to contravention of the Act must be entertained. For this

reason, two changes are necessary under Section 7. Firstly, if any person including voluntary

organisation reports of any contravention of provisions of the Act, the same should be treated as

a complain and the adjudicatory authority should dispose of the same as per law. Secondly, if the

Labour Officer or whosoever, is the adjudicatory authority get some information or knowledgeabout any practice by the employer which is in contravention of the Act, then it should have

power of registration of complaint upon its own knowledge and information. These amendmentsare also necessary as the employees are likely to be reluctant to lodge any complain against their

present employer, least they face the wrath of employer.

Section 10: Providing a penal clause against the person who does not comply with the order

made by the officer under Section 7 (1).

Section 15: Section 15 deals with special benefits given to the women. It is necessary that the

explanation be incorporated in the Section, wherein it should be provided that the special

treatment should never be detrimental to the interest of the women.


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Equal pay for Equal Work: The law revisited

We have had an occasion to pen a paper on the concept and law relating to 'equal pay for equal

work' as provided for under the Directive Principles of State Policy under Part IV of theConstitution of India in one of our papers on SSRN. However have gone through this recent

decision we felt compelled to run this post revisited the law on the issue. In this recent decision

the Supreme Court inter alia had the occasion to examine the growth and development of the

law on the issue.

The decision inter alia observes as under;

The Equal Remuneration Act, 1976 and in particular its preamble declares the Act to provide forpayment of equal remuneration and prevention of any kind of discrimination on the ground of

sex or otherwise in the matter of employment. The Equal Remuneration Act, 1976 extends to

the whole of India by virtue of Section 1(2) and there cannot be different pay scales for different

employees carrying out exactly same work. Section 4(3) states that where, in an establishment

or employment, the rates of remuneration payable before the commencement of this Act for

men and women workers for the same work or work of a similar nature are different only on

the ground of sex, then the higher (in cases where there are only two rates), or, as the case

may be, the highest (in cases where there are more than two rates), of such rates shall be the

rate at which remuneration shall be payable, on and from such commencement, to such men

and women workers.

In view of the above constitutional principles and Directive Principles of State Policy under the

Constitution and the statutory and mandatory provisions of overriding Equal Remuneration Act,

1976, the following principles are evolved for fixing the governmental pay policy, whether

executive or legislative on the recommendation of the Pay Commissions, Pay Committees by

Executive Governments, which are broadly stated as under:-

(1) The governmental pay policy, whether executive or legislative, cannot run contrary to

constitutional principles of constitutional law;

(2) The governmental pay policy, whether executive or legislative, cannot run contrary to the

overriding provisions of Equal Remuneration Act, 1976.

(12) The governmental pay policy must conform to the overriding statutory command under

Sections 13 and 14 read with Section 1(2) of the Equal Remuneration Act, 1976, which supports

for uniformity between the pay policy of the State Governments and the Central Government in

the whole of India and such uniformity in the pay policy of the State Governments and the
http://legalperspectives.blogspot.in/2010/06/equal-pay-for-equal-work-law-revisited.htmlhttp://ssrn.com/abstract=1087595http://ssrn.com/abstract=1087595http://legalperspectives.blogspot.in/2010/06/equal-pay-for-equal-work-law-revisited.html


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Central Government in the whole of India has already found further support from the Judgment

of this Court in the case of Randhir Singh v. Union of India & Others (1982) 1 SCC 618. I must

hasten to say that where all things are equal that is, where all relevant considerations are same,

persons holding identical posts may not be treated differentially of their pay.

As early as in 1952, in a celebrated case decided by this court in State of West Bengal v. Anwar

Ali Sarkar v. (1952) SCR 284, this court laid down that in order to pass the test, two conditions

must be fulfilled, namely, that the classification must be founded on an intelligible differentia

which distinguishes those that are grouped together from others and that said differentia must

have a rational relation to the object sought to be achieved by the Act. The differentia which is

the basis of the classification and the object of the Act are distinct things and what is necessary

is that there must be a nexus between them.

In 1959, in a celebrated case of Shri Ram Krishna Dalmia v. Shri Justice S. R. Tendolkar &

Others (1959) 1 SCR 279at p.296, this Court observed as under:

It is now well established that whilearticle 14 forbids class legislation, it does not

forbid reasonable classification for the purposes of legislation. In order, however, to pass the

test of permissible classification two conditions must be fulfilled, namely, (i) that the

classification must be founded on an intelligible differentia which distinguishes persons or things

that are grouped together from others left out of the group and, (ii) that differentia must have a

rational relation to the object sought to be achieved by the statute in question

In The State of Jammu & Kashmir v. Triloki Nath Khosa and Ors. (1974) 1 SCC 19 , this court

observed as under:-

..Discrimination is the essence of classification and does violence to the constitutional

guarantee of equality only if it rests on an unreasonable basis...

In Indira Nehru Gandhi (supra), the court observed as under:-

This Court, at least since the days of Anwar AliSarkar's case, has consistently taken the view

that the classification must be founded on an intelligible differentia which distinguishes those

who are grouped together from those who are left out and that the differentia must have a

rational relation to the object sought to be achieved by the particular law. The first test may be

assumed to be satisfied since there is no gainsaying that in our system of Government, the

Prime Minister occupies a unique position. But what is the nexus of that uniqueness with the law

which provides that the election of the Prime Minister and the Speaker to the Parliament will be

above all laws, that the election will be governed by no norms or standards applicable to all

others who contest that election and that a election declared to be void by a HighCourt judgment shall be deemed to be valid, the judgment and its findings being themselves

required to be deemed to be void? Such is not the doctrine of classification and no facet of that

doctrine can support the favoured treatment accorded by the 39th Amendment to two high

personages. It is the common man's sense of justice which sustains democracies and there is a

fear that the 39th Amendment, by its impugned part, may outrage that sense of justice. Different

rules may apply to different conditions and classes of men and even a single individual may, by


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his uniqueness, form a class by himself. But in the absence of a differentia reasonably related to

the object of the law, justice must be administered with an even hand to all.

In Maneka Gandhi v. Union of India & Anr. (1978) 1 SCC 248it was observed as follows:

.Equality is a dynamic concept with manyaspects and dimensions and it cannot

be imprisoned within traditional and doctrinaire limits. Article 14 strikes at arbitrariness in

state action and ensures fairness and quality of treatment. The principle of reasonableness,

which legally as well as philosophically, is an essential element of equality or non-arbitrariness

pervadesArticle 14 like a brooding omnipresence.

In Randhir Singh (supra), it was held as under:

8. ..Article 39(d) of the Constitutionproclaims equal pay for equal work for both menand

women as a directive principle of State Policy. Equal pay for equal work for both men and

women means equal pay for equal work for everyone and as between the sexes. Directive

principles, as has been pointed out in some of the judgments of this Court have to be read into

the fundamental rights as a matter of interpretation. Article 14 of the Constitution enjoins theState not to deny any person equality before the law or the equal protection of the laws and

Article 16 declares that there shall be equality of opportunity for all citizens in matters relating to

employment or appointment to any office under the StateConstruingArticles 14 and 16 in

the light of the Preamble and Article 39(d) we are of the view that the principle 'Equal pay for

Equal work' is 'deducible from those Article and may be properly applied to cases of unequal

scales of pay based on no classification or irrational classification though these drawing

the different scales of pay do identical work under the same employer.

In Surinder Singh & Anr. v. Engineer-in-Chief, CPWD & Others (1986) 1 SCC 639 it was

observed that the Central Government like all organs of State is committed to the Directive

Principles of State Policy and Article 39 enshrines the principle of equal pay for equal work.

In Mackinnon Mackenzie & Co. Ltd. v. Audrey DCosta & Another (1987) 2 SCC 469 it was

observed that the term same work or work of similar nature under Section2(h) of the Act that

whether a particular work is same or similar in nature as another work can be determined on

the three considerations. In deciding whether the work is same or broadly similar, the authority

should take broad view; next in ascertaining whether any differences are of

practical importance, the authority should take an equally broad approach for the very concept

of similar work implies differences in detail, but these should not defeat a claim for equality on

trivial grounds. It should look at the duties actually performed, not those theoretically possible.

In making comparison the authority should look at the duties generally performed by men and

women.

In Bhagwan Dass & Others v. State of Haryana & Others (1987) 4 SCC 634 this court held that

the mode of selection and period of appointment is irrelevant and immaterial for the applicability

of equal pay for equal work once it is shown that the nature of duties and functions discharged

and work done is similar.


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In Inder Singh & Others v. Vyas Muni Mishra & Others 1987 (Supp) SCC 257 this court also

held the view that when two groups of persons are in the same or similar posts performing same

kind of work, either in the same or in the different departments, the court may in suitable

cases, direct equal pay by way of removing unreasonable discrimination and treating the two

groups, similarly situated, equally.

In Haryana State Adhyapak Sangh & Others v. State of Haryana & Ors. (1988) 4 SCC 571 this

court enforced the principle of equal pay for equal work for Aided School teachers at par with

government school teachers and held that the teachers of Aided Schools must be paid same

pay scale and dearness allowance as teachers of the government schools.

In U.P. Rajya Sahakari Bhoomi Vikas Bank Ltd. v. Workmen 1989 Supp (2) SCC 424 , this court

observed as under:-

The Tribunals finding that both the groups weredoing the same type of work has rightly not

been challenged by the employer Bank as it is a pure finding of fact. If irrespective of

classification of junior and senior groups, the same work was done by both, the principle of

equal pay for equal work is definitely attracted and on the finding of fact the Tribunal was

justified in applying the principle to give the same benefit to those who had been left out.

In the case of Sita Devi & Others v. State of Haryana & Others (1996) 10 SCC 1this court held:

The doctrine ofequal pay for equal work is recognized by this Court as a facet of the equality

clause contained in Article 14 of the Constitution.

In Sube Singh & Ors. v. State of Haryana & Ors. (2001) 7 SCC 545 (para 10), this court

observed as under:-

.whether the classification is reasonable havingan intelligible differentia and a rational basis

germane to the purpose, the classification has to be held arbitrary and discriminatory.

In John Vallamattom & Another v. Union of India (2003) 6 SCC 611, the constitutionality of

Section 118 of the Indian Succession Act, 1925 was challenged. Section 118 was declared

unconstitutional and violative of Article 14 of the Constitution. In that case, this court observed

thus:-

Although Indian Christians form a class by themselves but there is no justifiable reason to

hold that the classification made is either based on intelligible differentia or the same has any

nexus with the object sought to be achieved. The underlying purpose of the impugned

provision having adequately been taken care of by Section 51, the purport and object of that

provision must be held to be non-existent.

In State of Mizoram & Another. v. Mizoram Engineering Service Association & Another (2004) 6

SCC 218while dealing with case of this nature, this court observed as under:-

The fact that the revised pay scale was being allowed to Mr Robula in tune with

the recommendations of the Fourth Central Pay Commission, shows that the State Government

had duly accepted the recommendations of the Fourth Central Pay Commission. Having done


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so, it cannot be permitted to discriminate between individuals and not allow the same to the

rest.

In this case, this Court clearly stated that the State cannot be permitted to discriminate similarly

placed persons.

This court in Union of India v. Dineshan K.K. (2008) 1 SCC 586at page 591 (para 12) observed

as under:-

The principle of equal pay for equal work has been considered, explained and applied in

a catena of decisions of this Court. The doctrine of equal pay for equal work was

originally propounded as part of the directive principles of the State policy in Article 39(d) of

the Constitution. In Randhir Singh v. Union of India a Bench of three learned Judges of this

Court had observed that principle of equal pay for equal work is not a mere demagogic slogan

but a constitutional goal, capable of being attained through constitutional remedies and held

that this principle had to be read under Articles 14 and 16 of the Constitution. This decision

was affirmed by a Constitution Bench of this Court in D.S. Nakara v. Union of India. Thus,

having regard to the constitutional mandate of equality and inhibition against discrimination in

Articles 14 and 16, in service jurisprudence, the doctrine of equal pay for equal work has

assumed status of a fundamental right.

The principle underlying the guarantee of Article 14 is not that the same rules of law should be

applicable to all persons within the Indian territory or that the same remedies should be made

available to them irrespective of differences of circumstances. It only means that all persons

similarly circumstanced shall be treated alike both in privileges conferred and liabilities imposed.

The law can make and set apart the classes according to the needs and exigencies of the

society and as suggested by experience. It can recognize even degree of evil, but

the classification should never be arbitrary, artificial or evasive.

The classification must not be arbitrary but must be rational, that is to say, it should be based on

some qualities or characteristics which are to be found in all the persons grouped together and

not in others who are left out but those qualities or characteristics must have a reasonable

relation to the object of the legislation. In order to pass the test, two conditions must be fulfilled,

namely, (1) that the classification must be founded on an intelligible differentia

which distinguishes those that are grouped together from others and (2) that differentia must

have a rational relation to the object sought to be achieved by the Act.


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CONCLUSION

It is often heard in various quarters that the laws of the women are not implemented effectively.As a result, many of them remain only in the statutes. There are certain defects in some of these

laws which are giving scope for circumvention. Apart from this, what is more Important is lack

of a strong administrative machinery to implement the various enactments in their true letter andspirit, In the present alarming situation, what is urgently needed is, to integrate all the existingenactments relating to protection and development of women into a single coordinated system to

ensure their effective implementation, Equally Important is to promote awareness among the

women folk regarding these enactments so that they can assert them whenever necessary forsafeguarding their legitimate rights. This is possible only when women are educated and

provided economic Independence. An educated and economic independent woman can become

socially and mentally assertive and claim her rightful place in the society.

BIBLIOGRAPHY


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1) Gender Justice: Women and Law in India By Monica chwal

2) Justice and Gender: ...byDeborah Rhode

3) Women, Justice And The Rule Of Law byBhandari

4)Women in Changing India / Rameshwari Pandya - 2008

5) Aggarwal , nomita, Women and law in India, New Century Publications, Delhi, 2002
http://www.infibeam.com/Books/justice-gender-sex-discrimination-law-deborah-rhode/9780674491007.htmlhttp://www.infibeam.com/Books/search?author=Deborah%20Rhodehttp://www.infibeam.com/Books/search?author=Deborah%20Rhodehttp://www.infibeam.com/Books/search?author=Deborah%20Rhodehttp://www.infibeam.com/Books/search?author=Bhandarihttp://www.infibeam.com/Books/search?author=Bhandarihttp://www.infibeam.com/Books/search?author=Bhandarihttp://www.easternbookcorporation.com/moreinfo.php?txt_searchstring=15536http://www.easternbookcorporation.com/moreinfo.php?txt_searchstring=15536http://www.infibeam.com/Books/search?author=Bhandarihttp://www.infibeam.com/Books/search?author=Deborah%20Rhodehttp://www.infibeam.com/Books/justice-gender-sex-discrimination-law-deborah-rhode/9780674491007.html

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