GK Question

polity medium true_false

Article 39(d) directs the State to secure equal pay for equal work for both men and women, and courts have enforced this principle under Article 14 (equality) read with Article 39(d), even though DPSP are non-justiciable.

  1. True
  2. False

Answer: True

Article 39(d) equal pay for equal work: (a) Text: State shall direct policy towards securing equal pay for equal work for both men and women, (b) Judicial enforcement: (i) Though DPSP non-justiciable, courts have enforced equal pay principle under Article 14 (equality) read with Article 39(d), (ii) Randhir Singh v. Union of India (1982): Held equal pay for equal work is constitutional goal enforceable under Article 14, even for temporary employees, (iii) Subsequent cases: Courts extended principle to contractual, casual workers, emphasizing substance over form in employment relationships, (c) Operationalization: (i) Equal Remuneration Act, 1976: Prohibits gender-based wage discrimination for same work, work of similar nature, (ii) Code on Wages, 2019: Consolidates wage laws, strengthens equal pay provisions, expands coverage, (iii) Pay commissions: Government pay panels incorporate equal pay principle in salary structures, (d) Applications: (i) Gender pay gap: Despite legal framework, gender pay gap persists; requires awareness, enforcement, cultural change, (ii) Informal sector: 90% of women workers in informal sector; extending equal pay protections requires innovative approaches, (iii) Intersectionality: Women from marginalized castes, regions face compounded wage discrimination; targeted policies needed, (e) Challenges: (i) Measurement: Defining 'equal work', 'similar nature' requires nuanced job evaluation, not just job titles, (ii) Implementation: Weak enforcement, awareness deficits limit Equal Remuneration Act effectiveness; require institutional strengthening, (iii) Global context: International labor standards, corporate practices influence Indian wage policies; require adaptive regulation, (f) Illustrates transformative equality: Article 39(d) operationalized through judicial interpretation, legislation; balance between legal framework, enforcement, cultural change essential for realizing constitutional vision of gender justice in workplace.

Topic Article 39(d) - Equal Pay for Equal Work
Exam Relevance Article 39(d) equal pay frequently asked in UPSC and Judiciary exams