By: Aaniqa Qayoom
In recent years, the issue of equal pay for equal work has gained increasing attention worldwide, especially in sectors where disparities in wages are rampant. This principle, which emphasizes that individuals performing the same work under similar conditions should receive the same remuneration, forms a cornerstone of workplace fairness. However, in many cases, these ideals fall short when implemented, particularly in sectors like education, where contractual and permanent employees are often subjected to vastly different treatment. In the context of Jammu and Kashmir (J&K), the contractual faculty in the Higher Education Department is a case in point. Here we explore the relevance of equal pay for equal work in this particular sector, highlighting the challenges faced by contractual faculty and the broader implications for education in the region.
Understanding Equal Pay for Equal Work
The principle of “equal pay for equal work” has its roots in the Universal Declaration of Human Rights, adopted by the United Nations in 1948. Article 23 of the declaration explicitly states that “everyone, without any discrimination, has the right to equal pay for equal work.” Over time, this principle has been enshrined in national laws, judicial decisions, and labor policies across the world. In India, this principle was reinforced by the Supreme Court in several landmark cases, ensuring that employees who perform similar tasks should not face wage discrimination based solely on their employment status (permanent, temporary, or contractual).
In the case of higher education in J&K, this principle is particularly relevant because of the increasing reliance on contractual faculty to meet staffing needs. Contractual teaching staff are employed under various terms and conditions, often at wages significantly lower than their permanent counterparts, despite performing the same duties.
The role of contractual faculty in higher education in J&K
In Jammu and Kashmir, like in many parts of India, the demand for higher education has surged in recent decades. This demand has placed immense pressure on colleges and universities, many of which have struggled with limited resources and faculty shortages. As a response, the government and educational institutions have increasingly turned to contractual appointments to fill teaching positions. Contractual faculty members play a crucial role in maintaining the academic and operational stability of higher education institutions. They take on the same responsibilities as permanent faculty members, including teaching, research, student mentoring, and administrative tasks. However, the terms of their employment are far less favorable. While permanent faculty members enjoy a secure job with standardized pay scales, pension benefits, and allowances, contract faculty often work under precarious conditions. Their contracts may be renewed on a semester-by-semester or yearly basis, offering little job security. Moreover, their pay is typically a fraction of what permanent faculty members receive, even though they are expected to maintain the same professional standards and workloads.
Disparities in pay and work conditions
The pay disparity between contractual and permanent faculty is a glaring issue. In J&K, contractual faculty often receive salaries that are substantially lower than those of their permanent counterparts. For instance, a permanent assistant professor may receive a salary in accordance with the University Grants Commission (UGC) pay scale, which includes various benefits such as dearness allowance, housing rent allowance, and medical benefits. In contrast, a contractual faculty member might earn less than half of that, with no access to these benefits. The gap is even more pronounced when one considers the workload. Both contractual and permanent faculty members are expected to teach the same number of classes, contribute to research activities, and participate in administrative duties. In many cases, contractual faculty members may even be assigned more work to compensate for faculty shortages. This imbalance in remuneration and workload is not only unjust but also demoralizing for contract faculty, who are effectively doing equal work for unequal pay.
Legal and Judicial interventions
The principle of equal pay for equal work has been affirmed in numerous judicial decisions in India. The most notable ruling came from the Supreme Court of India in the case of State of Punjab vs. Jagjit Singh (2016), where the court ruled that temporary employees should not be treated unfairly if they are performing similar tasks as permanent employees. The court emphasized that wage disparity solely based on the nature of employment (contractual vs. permanent) is a violation of the right to equality guaranteed by the Constitution of India.In light of this ruling, contractual faculty in J&K have a strong legal basis to demand equal pay. However, translating these legal principles into practice has been a challenge. Despite the clear judicial mandate, many educational institutions in J&K have been slow to address wage disparities between contract and permanent faculty.
Impact on quality of education
The wage disparity between contractual and permanent faculty not only affects the well-being of contractual employees but also has broader implications for the quality of education in the region. Faculty members who feel undervalued and insecure in their jobs are less likely to invest in long-term academic and research projects. Moreover, the high turnover rate among contractual faculty can disrupt the continuity of teaching and mentoring, which is critical to student success. Contractual faculty often find themselves balancing multiple jobs or engaging in private tutoring to make ends meet. This inevitably takes away from the time and energy they can dedicate to their primary teaching responsibilities. Over time, the systemic undervaluing of contractual faculty undermines the overall academic environment, making it difficult for institutions to maintain high educational standards.
Steps towards a solution
Addressing the issue of equal pay for equal work for contract faculty in the Higher Education Department of J&K requires a multifaceted approach. The following steps could serve as a roadmap toward resolving this issue:
- Policy Reform: The government and higher education institutions must take proactive steps to align the wages of contractual faculty with those of permanent faculty. This could be achieved through policy reforms that standardize pay scales and employment benefits across both categories of employees.
- Regularization of Contract Positions: One potential solution is the regularization of contract faculty positions. By offering long-term or permanent contracts to deserving contract faculty members, institutions can ensure job security and equal pay.
- Implementation of Judicial Rulings: The judicial principle of equal pay for equal work should be enforced across all educational institutions. Regular audits and oversight by government bodies could help ensure that institutions comply with these mandates.
- Increased Funding for Education: Many of the disparities between contract and permanent faculty stem from inadequate funding for higher education. Increasing government investment in this sector could enable institutions to hire more permanent faculty and offer better pay to contract faculty.
- Empowering Faculty Unions: Faculty unions and associations have a key role to play in advocating for equal pay for contract faculty. Strengthening these organizations and encouraging dialogue between contract faculty and institution management could help drive positive change.
Thus the principle of equal pay for equal work is not just a matter of fairness; it is a legal and moral obligation that ensures dignity and respect in the workplace. For contractual faculty in the Higher Education Department of Jammu and Kashmir, achieving wage parity with permanent faculty members is essential not only for their own well-being but also for the long-term sustainability of the education system in the region. By addressing these disparities, educational institutions can create a more equitable and supportive environment for all faculty members, ultimately benefiting students and society at large.
The writer is MSc. Botany, JRF/NET/GATE Research scholar,
University of Kashmir. aaniqaqayoom125@gmail.com