In a world that thrives on the ideals of equality and fairness, pay disparity remains one of the most persistent forms of gender-based discrimination. For decades, women across the globe—including India—have been denied equal pay for equal work. But with the introduction of the Code on Wages, 2019, India takes a bold and much-needed step toward bridging the gender pay gap and promoting genuine workplace equality.

Let's unpack what equal remuneration really means, how the new law improves upon the old, and why it's a cornerstone of gender justice.

What is Equal Remuneration?

Equal remuneration means paying men and women equally for doing the same or similar work. This isn't just about equal wages, but also includes equal opportunities in hiring, promotions, and training—free from gender-based bias.
 

Old Law: A Noble Vision with Limited Impact

The Equal Remuneration Act, 1976 was India's first major legislative effort to address wage discrimination. It prohibited:

• Paying women less than men for the same work
• Discrimination during recruitment and promotion

However, this Act operated in isolation. Employers often found loopholes, enforcement was inconsistent, and many sectors—especially unorganized and informal—continued with discriminatory pay practices. The law had the right spirit but lacked teeth.
 

The Code on Wages, 2019: A Game-Changer

The Code on Wages, 2019 repeals the Equal Remuneration Act but preserves and strengthens its core principle. Here's how:

1. Integrated Protection The new Code brings the principle of equal pay into the broader legal framework governing all wage-related matters. This mainstreams gender equality rather than treating it as a standalone issue.
    
2. Universal Coverage Unlike the older Act, the Code applies to all employees, including those in unorganized sectors, gig economy, and private enterprises. It doesn't limit its application to specific job categories or wage limits.
    
3. Gender-Neutral Language The Code expands the scope of protection by using inclusive language such as "gender" instead of only "men and women", potentially covering non-binary and transgender workers too.
    
4. Clear Compliance Requirements Employers are now legally obligated to provide equal pay for equal work and to ensure that there's no gender-based discrimination in recruitment or employment conditions. Failure to comply can result in penalties and legal action.
    

Why Equal Remuneration Matters

• Economic Independence: When women are paid fairly, they gain financial autonomy and decision-making power.
• Improved Workforce Participation: Equal pay encourages more women to join and remain in the workforce, boosting economic growth.
• Social Justice: It challenges deep-rooted patriarchal norms that undervalue women's labor.
• Corporate Reputation: Companies that ensure fair pay foster a more inclusive, motivated, and productive work environment.
   

Challenges Ahead: Law is Just the First Step

While the Code on Wages is a step in the right direction, implementation remains key. Here's what needs attention:

• Awareness among women workers about their rights
• Regular audits and wage transparency within organizations
• Strong grievance redressal mechanisms
• Cultural shifts to combat unconscious bias in hiring and evaluation.
   

Conclusion: The Road to Gender Justice Begins with Equal Pay

Equal remuneration is not just about money—it's about respect, recognition, and rights. The Code on Wages, 2019, offers a modern, robust legal framework to eliminate gender-based wage discrimination. But real change will come when society at large—employers, employees, and policymakers—embraces equality as more than a legal requirement, but as a shared moral responsibility.Let us move beyond token gestures and work toward a future where gender justice is not the exception, but the norm.

Written By: Priyanka, 4th year BBA - LLB (hons) student.