Why is her work never strenuous or skilled enough?

The fact that women get paid less than their male counterparts, especially in the unorganised sector, is rarely questioned

A woman agricultural labourer bent over for hours in a paddy field, transplanting saplings in incessant rain, gets paid less than a male worker on the pretext that her work is “less strenuous”. A woman worker on a construction site does not get paid on a par with her male counterpart because her work is “less skilled”.

It goes without saying that the concept of “strain” or “skill” is defined in male-centric terms, undervaluing a woman's labour. On Women's Day, the reports related to various types of work in this edition of State of Affairs illustrate this bias.

The practice of women employees getting paid lesser than their male counterparts — especially in the unorganised sector which includes the agriculture and construction industry — is almost taken for granted. Except in public sector undertakings, government administration and urban private establishments, women are hardly ever paid on a par with men. On the other hand, the work of women in largely feminised sectors such as the garment industry is highly undervalued.

What laws say

This is the scenario despite the fact that Article 14 of the Constitution of India provides all citizens the right to equality before law. Under Article 16, a person is entitled to equality of opportunity in matters of public employment. “Equal pay for equal work” is one of the Directive Principles of State Policy. Equal Remuneration Act, 1976, explicitly provides for “payment of equal remuneration to men and women workers” and aims to prevent “discrimination on the grounds of sex against women in the matter of employment”.

As S. Varalakshmi, All-India Secretary for Centre of Indian Trade Unions (CITU), observes discrimination is embedded in the use of language itself. “We never simply say ‘aalu' (worker) but say ‘hennalu' (woman worker) and ‘gandalu' (male worker),” she says. “Categorisation and discrimination starts right there.” Mallige, who is part of a team studying “Changing Socio-Economic Conditions and Political Economy of Karnataka”, says that while other forms of economic coercion such as bonded labour,

vetti/bitti chakari (free labour) and

ayagara system (annual payment made in kind) are slowing going out of practice, discrimination in wages based on gender still prevails. The study, being conducted by Neladhwani Trust, Karnataka Janashakti and Pedestrian Pictures, shows that gender discrimination in wages is internalised by both men and women. “Lower wages payable to women has led to more feminisation of rural labour,” observes Mallige.

Ms. Varalakshmi adds that increasing casualisation and contractualisation of work, especially after the 1990s, has led to more women getting into the workforce for lesser pay.

Hardly any cases

Even as the promise of ‘Equal pay for equal work' is blatantly flouted, the number of cases booked under the Equal Remuneration Act, 1976, and convictions remain abysmally low.

According to Labour Department data, there were only 42 prosecutions under the legislation in the entire State in 2010. Of these, 19 were convicted and a fines totalling Rs. 84,000 collected. In 2011, there were 43 cases, 23 convictions and Rs. 80,400 collected as fine. Officials say that while these were cases filed during inspections, women voluntarily making claims under this law are few.