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Wage Discrimination on the Basis of Gender: An Analysis of Indian Legal Position

Sairam Patro

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Indian Journal of Law and Human Behavior 9(2):p 105-111, July-December 2023. | DOI: https://doi.org/10.21088/ijlhb.2454.7107.9223.5

How Cite This Article:

Sairam Patro/Wage Discrimination on the Basis of Gender: An Analysis of Indian Legal Position/Indian J Law Hum Behav 2023;9(2):105-111.

Timeline

Received : March 28, 2025         Accepted : May 30, 2025          Published : October 25, 2023

Abstract

Indian women have been treated differently since time immemorial. Even after independence, women were discouraged from doing many things and were deemed as caretakers of the home. Gender pay gap in India refers to the difference in earnings between women and men in the paid employment and labor market. Article 39 envisages that all states ideally direct their policy towards securing equal pay for equal work for both men and women, and also ensuring that men and women have the right to an adequate means of livelihood. Every one has the right to work to free choice of employment to just and favourable condition of work and protection against unemployment. The judiciary can bring important changes in society when the judiciary operates without gender bias and supports gender equality. women’s and men’s earnings may shift slightly each year with each new batch of Census Bureau data, the gender wage gap will not close anytime soon without concerted action. Efforts to close the wage gap must address the varying drivers of it as well as the multitude of biases.


References

  • 1.   1982 SCR (3) 298
  • 2.   https://blog.ipleaders.in/legal-provisionsgender-equality-analysis/
  • 3.   https://www.livemint.com/money/personalfinance/what-is-genderpay-gap-and-why-is-itso-wide-in-India-11575356633900.html.
  • 4.   https://www.epi.org/wik/gender_pay_gap_in_India
  • 5.   https://www.business-standard.com/article/current -af fairs/In dia-ranks- 108-i n- wef -gender-gap-index-in-2018/iceland/holds/topspot.-118121800641_1.html.
  • 6.   https:/www.ilo.org/wcmsp5/groups/publiced _ em p _ ed -e m p _ e n t _m ul ti d o c u m ent s /publication/wcms-756721/pdf.
  • 7.   https://www.shrm.org/shrm-india/pages/gender-pay-gap-in-india-legal-considerations.aspx
  • 8.   https://www.academia.edu/68505455/Gender_Based_Wage_Discrimination_in_Indian_Urban_Labour_Market_An_Assessment

Data Sharing Statement

There are no additional data available. All raw data and code are available upon request.

Funding

This research received no funding.

Author Contributions

All authors contributed significantly to the work and approve its publication.

Ethics Declaration

This article does not involve any human or animal subjects, and therefore does not require ethics approval.

Acknowledgements

We would like to express our gratitude to the patients, their families, and all those who have contributed to this study.

Conflicts of Interest

No conflicts of interest in this work.


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Cite this article

Sairam Patro/Wage Discrimination on the Basis of Gender: An Analysis of Indian Legal Position/Indian J Law Hum Behav 2023;9(2):105-111.


Licence:

Attribution-Non-commercial 4.0 International (CC BY-NC 4.0)

This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as attribution is given to the creator.


Received Accepted Published
March 28, 2025 May 30, 2025 October 25, 2023

DOI: https://doi.org/10.21088/ijlhb.2454.7107.9223.5

Keywords

Wage discriminationDirective principlesGenderActConstitutionCode of Ethical

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Received March 28, 2025
Accepted May 30, 2025
Published October 25, 2023

licence


Attribution-Non-commercial 4.0 International (CC BY-NC 4.0)

This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as attribution is given to the creator.


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