ANALYISING THE GENDER PAY GAP IN INDIA: EXPLORING CURRENT LEGAL EFFICACY

For centuries, women in India have endured atrocities and injustices in the exercise of social and patriarchal norms. After the independence, legislative laws were enacted to safeguard women’s rights and bring them into the mainstream of society. Discrimination at workplaces, particularly concerning pay discrepancies between genders, has been outlawed in articles 14, 16, and 39 under the Indian Constitution, and the equal pay for equal work principle has been followed in legislative measures aiming to improve the equal representation of women in the economic sector too.

Despite such continuing efforts, the gender pay gap in India continues unabated, with women continuing to pocket far fewer earnings than their male counterparts. According to the 2024 edition of the Global Gender Gap Report from the World Economic Forum, India is placed at 129th out of 146 countries with a parity score of 0.641, and Indian women make on average Rs 40 compared to the Rs 100 men earn doing the same job.

This paper will look at the effectiveness of gender pay gap legislation through interpreting the judicial pronouncements on the socio-economic landscape, as well as the actual impact of legislation in terms of economic participation. The study makes use of a doctrinal approach by examining the text of the constitution, laws, and major judicial verdicts, as well as looking at empirical data and comparing it with other countries.

Such a study would focus on the role of cultural attitudes and social expectations in wage gaps, especially in the informal sector where more females are employed. Ultimately, contributing to the debate over true gender pay equity in India and putting focus on very overarching approaches that include legislative enforcement and societal changes.