The Expansion of Gender Equality: From Pay to Underground Mines

Introduction

India’s journey toward gender equality in the workplace has traversed from addressing wage discrimination to breaking barriers in the most challenging sectors. This transformation reflects not merely policy changes but a fundamental shift in recognizing women’s rightful place across all spheres of employment. The evolution from ensuring equal remuneration to enabling women’s participation in underground mining operations demonstrates the progressive expansion of gender equity principles in Indian labor legislation.

The Constitutional Foundation of Gender Equality

The constitutional mandate for gender equality in employment finds its roots in Article 39(d) of the Indian Constitution, which directs the State to secure equal pay for equal work for both men and women [1]. This directive principle established the philosophical foundation upon which subsequent legislation would be built. Article 14 guarantees equality before law, while Article 15 prohibits discrimination on grounds including sex. These constitutional provisions created the framework within which labor laws addressing gender disparities would emerge.

The Equal Remuneration Act 1976: A Watershed Moment

The Equal Remuneration Act 1976 emerged as a direct response to systematic wage discrimination faced by women workers across sectors. Enacted following India’s ratification of the International Labour Organization’s Equal Remuneration Convention 1951, this legislation prohibited discrimination in remuneration between men and women workers for performing the same work or work of similar nature [2]. The Act imposed a statutory obligation upon employers to pay equal remuneration regardless of gender while simultaneously prohibiting discrimination in recruitment for the same or similar work.

The practical implementation mechanism established under the Act required employers to maintain registers documenting employee details, nature of work performed, and wages paid. Central and State Advisory Committees were constituted to monitor compliance and recommend measures for improving women’s employment opportunities. Penalties for violations ranged from fines up to twenty thousand rupees to imprisonment, creating a deterrent against discriminatory practices. The Act’s overriding effect ensured that its provisions would prevail over conflicting contracts, agreements, or awards, establishing the supremacy of gender equality principles in wage determination.

Judicial Interpretation: The Air India vs Nargesh Meerza Landmark

The Supreme Court’s decision in Air India vs Nargesh Meerza (1981) represented a pivotal moment in India’s gender equality jurisprudence [3]. The case challenged Regulations 46 and 47 of Air India’s Service Regulations, which mandated retirement of air hostesses at age thirty-five, upon marriage within four years of service, or on first pregnancy. These restrictions had no parallel for male flight pursers, creating stark gender-based discrimination in employment conditions.

The Supreme Court’s judgment struck down the provision mandating retirement upon first pregnancy as unconstitutional, recognizing it as arbitrary and violative of Articles 14 and 15 of the Constitution. The Court emphasized that whether a woman would continue service after childbirth remained her personal choice, not a matter for employer interference. The judgment further invalidated the Managing Director’s discretionary power to extend service as it enabled arbitrary discrimination between air hostesses. While the Court upheld certain age-based distinctions as reasonable classification, it firmly rejected provisions rooted in gender stereotypes about women’s capabilities and roles.

The ruling established critical precedents regarding the interpretation of equality provisions. It clarified that while reasonable classification based on legitimate occupational requirements remained permissible under Article 14, discrimination based solely on biological characteristics like pregnancy violated fundamental rights. This judgment influenced subsequent reforms across public and private sectors, compelling organizations to eliminate discriminatory service conditions.

The Code on Wages 2019: Modernizing Pay Equity

The Code on Wages 2019, which received Presidential assent on August 8, 2019, consolidated four separate legislations including the Equal Remuneration Act 1976 into a unified framework [4]. This consolidation represented more than administrative efficiency; it embodied a progressive expansion of equality principles. Section 3 of the Code prohibits gender-based discrimination in wages for the same work or work of similar nature, extending protection beyond the binary framework of male and female to encompass all genders.

The Code introduced the concept of floor wages, establishing a national minimum below which no state government could set wages. This provision addressed regional disparities while ensuring baseline wage protection across geography and sectors. The universal application of minimum wage provisions, moving beyond the earlier schedule-based system, extended protection to approximately seventy percent of the workforce previously excluded. This expansion particularly benefited women in informal sectors who constituted a substantial portion of unprotected workers.

The Code’s gender-inclusive language marked significant progress in recognizing diverse gender identities. By replacing references to male and female workers with the term gender, the legislation acknowledged and protected transgender persons and individuals of non-binary gender identities. This alignment with the Transgender Persons (Protection of Rights) Act 2019 created a more inclusive legal framework for employment equality. The Code also removed Section 16 of the earlier Act, which had empowered government to declare wage differences as non-discriminatory, eliminating a provision that enabled arbitrary validation of unequal pay.

Breaking Underground Barriers: The Mines Act Amendments

The Mines Act 1952 originally imposed stringent restrictions on women’s employment in mining operations. Section 46 of the Act prohibited women from working below ground in any mine and restricted above-ground work to hours between six in the morning and seven in the evening [5]. These provisions, framed during an era when protective legislation often perpetuated gender stereotypes, effectively excluded women from core mining operations and advancement opportunities requiring underground experience.

Representations from women employees, mining companies, and students pursuing mining engineering courses highlighted how these restrictions denied women equal employment opportunities in the mining sector. The prohibitions created career impediments for women mining engineers who could not gain underground experience necessary for supervisory and managerial positions. Mining companies also pointed to the shortage of qualified personnel and the need for gender diversity in technical roles.

In a transformative policy shift, the Ministry of Labour and Employment issued notifications in January 2019 exempting women from Section 46 restrictions, subject to specific safeguards [6]. For above-ground operations including opencast workings, women could now be deployed between seven in the evening and six in the morning. For underground mines, women could work between six in the morning and seven in the evening in technical, supervisory, and managerial roles where continuous presence was not required.

The exemption imposed mandatory conditions to ensure safety and dignity. Written consent from the concerned woman employee became prerequisite for deployment. Employers were required to provide adequate facilities and safeguards regarding occupational safety, security, and health. Deployment needed to conform to Standard Operating Procedures framed based on guidelines issued by the Chief Inspector of Mines. Critically, women had to be deployed in groups of not less than three, recognizing safety concerns in male-dominated work environments.

Regulatory Framework and Implementation Mechanisms

The regulatory framework for gender equity in mining involves multiple layers of oversight and compliance mechanisms. The Directorate General of Mines Safety, operating under the Ministry of Labour and Employment, bears responsibility for ensuring compliance with safety provisions. Mine owners must develop and implement Standard Operating Procedures addressing specific concerns related to women’s employment, covering aspects from facility provision to emergency response protocols.

The implementation guidelines emphasize several critical elements. Separate changing rooms, sanitary facilities, and rest areas must be provided for women workers. Transportation arrangements ensuring safe commute during night hours become mandatory. Lighting at work sites and access routes requires enhancement to meet safety standards. Communication systems enabling immediate contact with security personnel and emergency services must be established. Regular safety training specific to women’s deployment contexts forms part of the mandatory protocol.

The requirement for written consent creates documentation establishing voluntary participation while providing an opt-out mechanism. However, the effectiveness of consent provisions depends on genuine alternatives being available and economic compulsions not rendering choice illusory. The mandatory group deployment of at least three women simultaneously addresses safety-in-numbers concerns while creating peer support structures. These provisions recognize that formal equality of opportunity must be accompanied by substantive measures addressing ground realities.

Challenges and Critiques of the Mining Sector Reforms

The removal of restrictions on women’s mining employment has drawn mixed responses from various stakeholders [7]. Trade unions and workers’ rights organizations have raised concerns about whether enabling women to work in hazardous conditions at night represents genuine advancement or equal opportunity for exploitation. Mining ranks among the most dangerous occupations globally, with India being identified by the International Labour Organization as among the three most hazardous countries for miners.

Critics argue that night work carries specific health implications, with studies indicating increased health problems for women working night shifts. The male-dominated environment of mining operations raises legitimate concerns about sexual harassment and assault risks, particularly during night hours when supervision may be limited. The requirement of three women together may prove inadequate for genuine safety in workplaces where women constitute a small minority. Questions arise about whether consent obtained in contexts of economic necessity truly reflects free choice.

Proponents of the reforms emphasize that denying women opportunities in a sector based on paternalistic assumptions about their needs perpetuates rather than eliminates discrimination. Women mining engineers and professionals have advocated for equal access to all roles and shifts, viewing restrictions as barriers to career advancement. The reforms open pathways to higher-paying supervisory and managerial positions previously inaccessible due to lack of underground experience. Coal India Limited, employing approximately three hundred thousand workers with twenty percent women in supporting functions, now has expanded opportunities for women in core operational roles.

Comparative Analysis with International Standards

India’s evolution in gender equality legislation must be understood within the context of international labor standards. The ILO Equal Remuneration Convention 1951, which India ratified in 1958, established the principle of equal remuneration for work of equal value [8]. This concept extends beyond equal pay for identical work to encompass work requiring comparable skill, effort, responsibility, and working conditions, even when job content differs significantly.

Indian legislation has historically employed the narrower formulation of equal pay for the same work or work of similar nature. This approach limits comparisons to roles that are substantially identical, proving less effective in addressing gender pay gaps arising from occupational segregation where women cluster in undervalued sectors. The European Union’s Pay Transparency Directive and Iceland’s Gender Equality Act exemplify broader approaches requiring assessment of work value using objective, gender-neutral criteria encompassing qualifications, effort, responsibility, and working conditions.

Regarding mining sector participation, India’s progressive stance of removing blanket restrictions while mandating safety measures aligns with evolving international practice. Many countries have moved away from protective legislation that categorically excluded women from certain occupations, recognizing such provisions as discriminatory rather than protective. The focus has shifted to ensuring safe working conditions for all workers regardless of gender, with specific provisions addressing harassment and violence prevention.

The Path Forward: Substantive Equality in Practice

The expansion of gender equity from pay equality to underground mining access represents significant legal progress. However, formal legal equality must translate into substantive equality in practice. Several challenges require ongoing attention to realize the full promise of these reforms. Implementation gaps between legislative intent and ground reality persist, with enforcement mechanisms needing strengthening to ensure compliance across diverse establishments.

The persistence of gender pay gaps despite legislative prohibition indicates the need for enhanced monitoring and transparency mechanisms. Pay audits, mandatory reporting of wage data disaggregated by gender, and stronger penalties for violations could improve compliance. The narrow interpretation of same work or similar nature in judicial decisions limits the legislation’s effectiveness in addressing gender segregation and undervaluation of female-dominated occupations. Moving toward the work of equal value standard would better address systemic pay inequity.

In the mining sector, genuine equality requires more than removing restrictions. Creating inclusive workplace cultures where women can work safely and advance professionally demands sustained effort. This includes zero-tolerance policies for sexual harassment with robust complaint mechanisms, adequate representation of women at all levels to normalize their presence, training programs addressing gender sensitivity for all employees, and mentorship opportunities supporting women’s career progression. Infrastructure investments in proper facilities demonstrate organizational commitment beyond mere legal compliance [9].

The intersection of gender with other identity markers including caste, class, disability, and religion creates compounded discrimination requiring attention. Intersectional approaches recognizing how multiple marginalized identities interact prove essential for addressing the experiences of women from scheduled castes, scheduled tribes, and minority communities. Policy frameworks must evolve to address not only gender but the full spectrum of workplace discrimination.

Conclusion

India’s trajectory from the Equal Remuneration Act 1976 through the Code on Wages 2019 to the removal of mining sector restrictions demonstrates expanding recognition of gender equality as a fundamental principle. This evolution reflects changing societal understanding about women’s capabilities and rights. The legal framework has progressed from addressing explicit wage discrimination to dismantling structural barriers preventing women’s full participation across all sectors and roles.

The journey remains incomplete. Statistics indicate that India ranks poorly on global gender gap indices, with the economic gender gap being particularly pronounced. Women’s labor force participation remains significantly lower than men’s, with substantial pay disparities persisting across sectors. The reforms opening mining sector access offer opportunities but also present challenges requiring vigilant monitoring to ensure safety and dignity.

The true measure of these reforms will be their impact on women’s lives, economic security, and workplace experiences. Legal provisions create necessary frameworks, but cultural change, institutional commitment, and consistent enforcement determine whether formal equality translates into substantive justice. As India continues its development trajectory, ensuring that women participate fully and equitably in economic opportunities remains both a rights imperative and a development necessity. The expansion from pay equity to underground mining access charts a progressive direction, with the ultimate destination being workplaces where gender imposes no artificial barriers to any worker’s potential.

References

[1] Constitution of India, Article 39(d). Available at: https://www.indiacode.nic.in/handle/123456789/2448

[2] The Equal Remuneration Act, 1976. Available at: https://labour.gov.in/sites/default/files/theequalremunerationact1976_2.pdf

[3] Air India v. Nargesh Meerza, AIR 1981 SC 1829. Available at: https://indiankanoon.org/doc/1778777/

[4] The Code on Wages, 2019. Available at: https://labour.gov.in/sites/default/files/the_code_on_wages_2019_no._29_of_2019.pdf

[5] The Mines Act, 1952. Available at: https://labour.gov.in/sites/default/files/theminesact1952.pdf

[6] Ministry of Labour & Employment, Government of India. “Rules to Allow Employment of Women in Mines” Press Information Bureau, February 4, 2019. Available at: https://pib.gov.in/newsite/PrintRelease.aspx?relid=187977

[7] Jha, Praneta. “Allowing Women to Work Nights in Mines Is ‘Equal Opportunity For Exploitation'” People’s Dispatch, February 8, 2019. Available at: https://peoplesdispatch.org/2019/02/08/allowing-women-to-work-nights-in-mines-is-equal-opportunity-for-exploitation/

[8] ILO Equal Remuneration Convention, 1951 (No. 100). Available at: https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C100

[9] International Bar Association. “Rethinking Indian Law on Equal Pay: Towards Gender Pay Equality in Workplace” Available at: https://www.ibanet.org/rethinking-Indian-law-on-equal-pay-towards-gender-pay-equality-in-workplace