Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

Equal Remuneration Convention, 1951 (No. 100) - India (Ratification: 1958)

The Committee notes the information contained in the Government's report.

1. For some years, the Committee has sought to encourage the Government to strengthen the enforcement of the Equal Remuneration Act 1976. Comments made by the Centre of Indian Trade Unions had pointed to shortcomings in the implementation of the legislation and studies undertaken in the late 1980s by the Ministry of Labour on the socio-economic conditions of women confirmed that the Act, as well as the Minimum Wages Act 1948, was circumvented frequently by employers. The Committee has also tried to encourage the Government to consider widening the scope of section 4 of the Act, which limits equal pay to men and women performing the same work or work of a similar nature for the same employer.

2. The Committee notes with interest from the Government's report that inspections carried out in 1993 and in 1994 succeeded in rectifying more than 3,500 violations of the Equal Remuneration Act at the central level in each of those years. The data provided in respect of the states and union territories disclose fewer violations of the Act detected through inspection in 1993 and in 1994 than in previous years, although it is not clear whether the figures provided include information for all jurisdictions as there have been evident difficulties in collecting complete data in the past. The Committee recalls that, in order to facilitate the prosecution of violations under the Act, the Government amended section 12 of the Act in 1987 to empower the courts to try any offence punishable under the Act on the basis of a complaint made by the aggrieved person or by a recognized social welfare institution or organization, in addition to prosecution by governmental authorities. The central Government has recognized four social organizations for this purpose but so far, only six states or union territories have recognized such organizations, the names of which have been supplied in the report. The Committee notes, moreover, that the four organizations recognized at the central level have demanded that additional powers be conferred upon them to inspect the premises, documents and other material of employers and that the views of the state governments are being obtained on this matter. The Committee hopes the Government will make every effort to encourage all states and union territories to recognize social organizations for the purpose of making complaints under the Act and that consideration will be given to granting sufficient powers to these organizations to enable them to play an effective role in enforcing the Act.

3. As there have remained outstanding for some years a number of questions concerned with the effective application of the Convention, both in terms of the provisions of the Equal Remuneration Act and as concerns its implementation in practice, the Committee suggests that the Government have recourse to the technical advisory services of the Office, with a view to facilitating progress in this area and in order to enable the Committee to make a better assessment of the extent of application of the Convention.