Issue: Unequal payment of women in unorganized labor.
Research: Women constitute the largest segment of unorganized workforce in India. According to National Council for Applied Economic Research (NCAER), approximately 97 percent female workers are involved in the unorganized or informal sector[1]. The term Gender pay Gap in India refers to the difference in earnings between women and men in the paid employment and labor market[2].
For the year 2017, the gender pay gap in India was estimated to be 32% by the World Economic Forum’s Global gender gap index[3]; comparatively analyzed with the same statistic for the year 2013 there is a bleak alteration of 5% in the accruing 5 years. India has been continuously ranked on the bottom of the WEF’s Global Gender Gap index; comparatively with neighboring countries like Bangladesh have fared well while fetching rank above India, moreover it has been found by the Self-Employed Women’s association (SEWA) that the average wage of women worker was 1815Rs while the average wage for men was Rs. 3842. Additionally it was observed that in many situations the wages for women workers was below the minimum wage requirement[4]. The surveys by International labor organization conducted for the year of 2017 has quite clearly reflected a staggering 30 percent difference in earning between male and female.
Analysis: It has to be observed that on estimation in India that women on average work twenty-one more hours than men during each week. Agriculture currently accounts for over two-thirds of the current employment in India, but most of the work women contribute to this sector is not accounted for or officially documented.[5]
On accord with the increasing instances of gander based pay parity and growing difference in the income of male and female; government of India has ratified the C100 Equal Remuneration Convention, 1951 (No. 100), which addressed the issue of equal pay between men and women for work of equal value[6]. This convention requires all member states to direct their national laws and policies towards guaranteeing equal remuneration to all workers, regardless of gender. In an attempt to ensure compliance with this convention and in response to the Report by the Committee on status of women in India, the government enacted the Equal Remuneration Act.[7] The act mainly focuses on creating rights and liabilities with respect to unequal payment of wages by gender. This act has been supported with various ancillary legislation like Maternity Benfit Act 1961 and the Factories Act 1948, though these acts directly do not address the issue of equal pay for equal work they provide certain additional benefits which a women can claim. Even with all the legislative provisions to safeguard the instances of unequal pay among women in India. There has been very bleak development on this sphere mainly because most of the women who are employed in the un organized labor are uneducated and perhaps the society has instilled them categorically inferior with regard to physical labor.
Conclusion: Women consist about half the population of India[8] and hence half of its potential labor force. The issue of wage inequality even though addressed by different legislative and ancillary enactments but they have largely remain ineffective. It has to be observed that the presence of vast multitude of women as workers and producers in unorganized sector where earnings are low and employment is seasonal and insecure. Workers irrespective of their gender are exploited in the unorganized sector but women suffer more by the fact of their gender. Only 6 percent of the unorganized workers in the country are covered under any social security measures.[9] This percentage shows the grave situation of the unorganized sector and the poor state of women engaged with this sector. The primary responsibility with regard to alleviation of the condition of women work force remains with the state but because of poor execution and implementation of the policies has resulted in this massive failure. Though writ petitions can come to rescue for the issue of gender pay parity but for women who are daily wage laborers engaging in to judiciary is just impractical with their economic condition.
Regards,
Snehdeep Chatterjee
Vi veri universum vivus vici.
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[1]Nath, Anna, (2009), ‘Health Services Missing for Women Workers in India’, One
World South Asia, October
[2] Dutta, Puja (2005). “Accounting for Wage Inequality in India” (PDF). The Indian Journal of Labor Economics.
[3]http://www3.weforum.org/docs/WEF_GGGR_2017.pdf
[4] 1 2 3 4 Anupam Manuhaar, Shayan Javeed (April 2013). “Women and Wage Discrimination in India: A Critical Analysis” (PDF). International Journal of Humanities and Social Science Invention. 2 (4): 6–12.
[5] 1 2 3 Anil Kumar Mishra, Tauffiqu Ahamad, Jitendra Kumar Pandey, (December 2014). “The Status of Women Workers in the Unorganized Sector” (PDF). Newman International Journal of Multidisciplinary Studies, Volume 1, Issue 12. pp. 72–79.
[6] C100 – Equal Remuneration Convention, 1951 (No. 100), Article 1″.
[7] Equal Pay for Equal Work in India – A Socio-legal Imperative”
[8] Census India, 2011
[9] NCEUS, (2006), Documentation – Social Security for Unorganised Workers’, The
Indian Journal of Labour Economics, Vol. 49, No. 2, p 372-373
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