EQUAL PAY FOR EQUAL WORK: A CRITICAL LEGAL ANALYSIS OF WAGE EQUALITY AND LABOUR LAW REFORMS IN INDIA

The doctrine of equal pay for equal work represents one of the most vital components of social
justice and economic democracy. Rooted in the Directive Principles of State Policy under
Article 39(d) of the Constitution of India, the principle seeks to eliminate wage discrimination
and ensure fairness in employment. Over time, judicial interpretation has elevated this doctrine
into a quasi-enforceable right under Articles 14 and 16. Despite this evolution, significant
disparities persist, particularly along gender lines and within the unorganized sector. This
research paper undertakes a comprehensive doctrinal analysis of the principle of equal pay for
equal work by examining its historical development, conceptual framework, constitutional
basis, legislative mechanisms, judicial interpretations, and international influences. Special
emphasis is placed on the Code on Wages, 2019, which consolidates multiple labour laws and
attempts to modernize wage regulation in India. The study critically evaluates whether the Code
effectively addresses structural wage inequalities and whether it can serve as a transformative
tool in achieving substantive equality.
Keywords: Equal Pay, Wage Equality, Gender Justice, Directive Principles, Labour Law,
Code on Wages 2019, Social Justice