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.