THE UNEQUAL DISTRIBUTION OF WAGES ON GENDER BASIS IN INDIA: CHALLENGES AND LEGAL FRAMEWORK

The gender wage gap in India reflects a persistent inequality deeply entrenched in social structures and economic systems. Despite constitutional guarantees under Article 39(d) and legislative measures such as the Equal Remuneration Act, 1976 and the Code on Wages, 2019, women in India continue to earn significantly less than men for work of equal value. This disparity is not merely a reflection of differences in skill or education but a manifestation of systemic discrimination, patriarchal norms, and undervaluation of women's labour, both paid and unpaid. The problem is compounded by lack of wage transparency, weak enforcement mechanisms, and limited awareness of legal rights, particularly in the unorganised sector. Judicial pronouncements, including Randhir Singh v. Union of India (1982), have reinforced the constitutional mandate of “equal pay for equal work,” yet the implementation remains inadequate. The COVID-19 pandemic further exacerbated the gap, disproportionately affecting women's employment and wages. Bridging this divide requires a multidimensional approach strengthening institutional accountability, promoting wage audits, ensuring workplace transparency, and addressing cultural biases that devalue women's contributions. True equality demands not only legal compliance but a societal transformation that recognises women's economic and social worth. Only through such comprehensive reforms can India align with its constitutional ideals and international commitments under the ILO and CEDAW, achieving genuine wage parity and inclusive growth.