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Rajeev Kumar (Professioanl Social worker)     27 October 2009

whether salary discrimination human right violation?

I am working as Research assistant in a research project,  other fellows of same designation , same work nature and same qualification recieve different salary.

whether such discrimination will  come under human right violation?


 21 Replies

Suchitra. S (Advocate)     27 October 2009

Rajiv ji , unequal pay for equal work violates Art 14 and Art.16 of the constitution.


Yes. It comes under human rights because discremination of pay.

In U.S. also there is a discremination of pay. violating human rights.

Isaac Gabriel (Advocate)     28 October 2009

This will not fall under human rights,but discrimination under equal rights.

Rajeev Kumar (Professioanl Social worker)     28 October 2009

Prakash ji

Please give  me reply in the indian context, Whether  discrimination of  salary under Human right violation? apart from US legal system.

thanks and regards

Rajeev Kumar (Professioanl Social worker)     28 October 2009

Mr Gabriel

are you talking about constitutional right , or some seperate law protecting the salary related discrimination of employee, if then please give ful legal reference

Thanks and regards


Rajeev ji,

Therotically what ever discrimination is there in the society it will be treated as human rights violation. In our country there is no meaning for human rights violation.



Suchitra. S (Advocate)     29 October 2009

Rajiv ji, we talk about Human rights according to the meaning given by the Universal Declaration of Human Rights. Art1 of it says that " All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in the spirit of brotherhood". Our Constitution was formulated in accordance with Universal Declaration of Human rights.

So, if we take that meaning, unequal pay for equal work amounts to human rights violation.

1 Like

Rajeev Kumar (Professioanl Social worker)     29 October 2009

suchitra ji, thanks for the clarification of human right meaning... I think it  applies on unequal pay also.

Thanks & regards

Suchitra. S (Advocate)     29 October 2009

But here, I want to clarify that in India, we consider some of the topics under human rights violation like, custodial death,narcoanalysis,caste related discrimination,religious violence, human trafficking etc. I doubt if it really applies to employments. Because, the discrimination in salaries may be based on various factors like work experience, number of increments, etc. And also, we pvt institutions are independent of fixing salaries as they think fit for a job. One may accept to work for lesser salary also, fr the same job as another person is working for higher salary. It depands on the person offering and person accepting to work.

Rajeev Kumar (Professioanl Social worker)     29 October 2009

suchitra ji I would like to clarify my question. I mean, if there is discrimination of salary of same designation, same experience, same nature of work, same qualification, and even posting in same type of city.

About Pvt sector , I am not talking about, but even in Govt funding organization for research Projects. there are difference of  salary on above stated conditions, means , no reasonable cause. where there is no provision of increments etc.

Suchitra. S (Advocate)     29 October 2009

Rajeev ji, there has to be some difference somwhere to offer a different pay. Date of appointment , category of a post (senior, junior) , slabs fixed for a job like salary starting from one amount to another for a same post, etc. I dont think there will be discrimination in govt jobs otherwise. As I said, I am not aware of violations of human rights in case of employments.  Let us see what others have to say on this.  :)

Isaac Gabriel (Advocate)     29 October 2009

Rajiv Kumar, please refer Human rights Act 1993 for any further clarification on your query.


MK Mohanan (Employed)     31 October 2009

P.Satya Praksh, Advocate's view that in theory what ever discrimination is there in the society is warranted to be treated as human rights violation and in our country there is no meaning for human rights violation is fully endorsed with my further elucidation that how anyone in Indian democracy could be considered as 'human'- within the meaning as 'having human form or attributes as opposed to those of animals or divine beings' and 'rights' meaning 'anything in accord with principles of justice' and 'violation' -'an act that disregards an agreement or a right'; when nothing as above could be proved by  anyone counted as 'aaam aadmi'.

Theja (Lawyer)     31 October 2009

Yes I agrees with the everybodies reviews. But, it agin depends upon the employement terms of the person. When we enter into employment contracts, the remuneration and bonuses provision may mention that the pay scale may be revised from to time depending upon the performance of the employee.

But, as mentioned by you if all the employees of the same catagory are given the same pay from the very intial stage, and later also they differ even then they are fo the same performance, then yes it constitutes violation of fundamanetl rights.

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