ABSTRACT
The pink tax is a term used to describe the additional charges that women face for products and services meant for them. The extra charge is applied even when the product is very similar to the other products marketed to males. Gendered pricing has become a big concern in the fashion sector, especially in terms of fashion products like clothes, shoes, bags and personal products. This abstract explores the issue of pink taxes as applied to fashion products. It explores the existence of pink taxes in fashion products, their causes and socio-economic implications. This article aims to study how the pink tax and gender pricing in fashion products affect gender equality, and also the constitutional provisions related to the same. It refers to various articles for a better understanding of the pink tax and gender pricing in fashion products. It also explores landmark judgments relating to the constitutional provisions of articles 14, 15 and 21 of the Indian Constitution. This article explores various aspects of gender based pricing in the fashion industry and how businesses use consumer psychology to gain profits by creating an unfair practice of pink tax. It also gives suggestions for tackling the issue of pink tax and gender based pricing in fashion products so that the economic inequality faced by women regarding this can be resolved. This article is to understand the concept of pink tax and gender based pricing in fashion products and the legal provisions related to the same.
Keywords- Article 14, Article 15 and Article 21 of the Indian Constitution, the Consumer Protection Act of 2019, E.P. Royappa v. State of Tamil Nadu, Maneka Gandhi v. Union of India, National Legal Services Authority v. Union of India and Indian Medical Association v. V.P. Shantha.
INTRODUCTION
The conception of “Pink tax” has become one of the most important issues in modern discussion relating to gender equality, consumer rights, and economic justice. Even though the term has “tax” in it, it is not an official tax imposed by the government. The term basically means that products that are marketed towards women are generally more expensive than the products marketed towards men. The pink tax operates in such a way that it becomes a financial burden for women as they are subjected to pay a much higher price, which increases the economic inequality. The difference generally exists due to packaging, branding, advertising and gender-based market strategies adopted by the companies. This issue is significant in fashion and personal care brands where feminine products are generally higher than equivalent products aimed at men.
The Pink tax is visible across a variety of sectors, such as clothing, cosmetics, haircuts, accessories, etc. In fashion products, women’s jeans, shirts, handbags and other items cost more despite having no functional difference from products designed for men. This practice represents a hidden form of economic discrimination because women are compelled to spend more merely due to gendered branding.
“Pink Tax” gained international recognition after studies conducted in the United States revealed that products marketed towards women were systematically higher than similar products for men. One of the most influential studies was conducted by the New York city Department of Consumer Affairs in 2015, titled From Cradle to Cane, which documented consistent gender-based price differences across multiple categories. Since then, the issue has become part of the global discussions on gender equality, consumer rights and corporate ethics.
The World Economic Forum.... noted that products catered towards women do cost much more than those towards men. This is not limited only to products but also to services. For example, a woman’s haircut costs much more than a man. This phenomenon shows economic inequality putting women at a disadvantage in society. Studies also show that there is a gender pay gap present in society, and this “pink tax” just increases this gap.
Pink tax can be seen in every sphere of day-to-day life. From the moisturisers used to even booking an Uber at night instead of just walking because of the unsafe environment. Every activity, every product, every service that a woman does comes with her paying an extra price for it. A woman in India must pay extra just to survive in society. All the unpaid labour done by a housewife, a pay cut from her salary because she took a day off because of her menstrual cycle and even the gap in her resume because she had to take care of her children, contributes to the economic inequality. Even after all this unpaid labour of women, she is still subjected to pay a higher price for the products marketed towards just because it is for women. This issue is not taken into adequate consideration, and women are just forced to take part in this system, which is clearly disadvantageous for them.
This research paper examines the concept of pink tax and gender-based pricing in fashion products in India. It explores its origin, definition, causes, legal aspects, constitutional validity, economic impact, criticisms, and possible reforms. This paper also analyses relevant statutory provisions under the Constitution of India, the Consumer Protection Act, 2019 and the Competition Act, 2002, along with judicial precedents and comparative perspectives.
.jpeg)
