Question

There is a factory where both men and women are working together and are doing equal job for equal time. However, the owner pays more wages to men as compared to the females.

Choose the correct option(s) from the following.

• A. It is a violation of Article 39 which states every individual is entitled to equal pay for equal work.
• B. There is no violation of the provisions of the Indian Constitution.
• C. It is a violation of Article 76 which states every individual is entitled to equal pay for equal work.
• D. It is not in accordance with Articles 14, 15 and 16 which guarantee equality and protection against discrimination.

Answer 1

Answer: (A), (D)

It is not in accordance with Articles 14, 15 and 16 which guarantee equality and protection against discrimination.

As part of its Directive Principles of State Policy, the Constitution of India through Article 39 envisages that all states ideally direct their policy towards securing equal pay for equal work for both men and women.

While “equal pay for equal work” is not expressly a constitutional right, it has been read into the Constitution through the interpretation of Articles 14, 15 and 16 – which guarantee equality before the law, protection against discrimination and equality of opportunity in matters of public employment.