Equal Pay for Equal Work: Supreme Court Says ‘Gender Can’t Be an Excuse’

Imagine working the same hours, same role, same responsibilities—but walking home with a smaller paycheck—just because you're a woman.

In a 2025 ruling, the Supreme Court called this out, stating unequivocally that unequal pay based on gender is unconstitutional and must be challenged wherever it exists.

The Case

A group of female engineers working for a public-sector utility were being paid 10–20% less than their male counterparts, despite holding identical job titles and qualifications.

The employer claimed:

“Men handle more field work, which is tougher.”

The Court wasn’t having it.

What the Court Ruled

Equal pay for equal work is a Fundamental Right under Articles 14 and 16

• Differences must be based on intelligible criteria, not gender stereotypes

• Work of similar skill, effort, responsibility, and working conditions deserves equal remuneration

The ruling referred to landmark global precedents including the ILO Convention on Equal Remuneration, which India has ratified.

Broader Implications

• Opens the door for wage discrimination cases in public and private sectors

• Companies must audit salary structures to avoid lawsuits

• Strengthens calls for transparent pay policies

Equality isn't just about giving access. It's about ensuring fairness after the door is opened.

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