India const arts 15 and 16 for an explanation of the roles that preferences and protective discrimination play in india's constitutional democracy, see tma pai found v karnataka, (2002) 8 supreme court, in supreme but not infallible: essays in honour of the supreme court of india, 291- 92. The constitution of independent india which largely followed the pattern of the government of india act, 1935, made provisions for positive discrimination in favour of the scheduled castes and scheduled tribes (scs & sts) which constituted about 23% of the divided india's population besides reserving. Therefore the constitution accords to these weaker sections of society protective discrimination in various articles, including article 15(4) this clause empowers the state, notwithstanding anything to the contrary in articles 15(1) and 29(2), to make special reservation for the advancement of any socially and. In a very important case of indra shahani vs union of india the supreme court declared 27% reservation legal for socially and economically backward classes of the society under central services basically protective discrimination is used to fulfill those lacks which arise due to a long time deprivation. Intersectional discrimination been excluded from the ambit of article 15 of the indian con- stitution to date allows protective discrimination in favour of women and (iii) the overreach of reservation jurisprudence under essays in honour of the supreme court of india, oxford india paperbacks, 2000, p 294 similarly. India's supreme court has ruled that the practice of manual scavenging violates international human rights law, including protections found in the universal declaration of human rights (udhr), the international convention on the elimination of all forms of racial discrimination (icerd), and the.
He constitution of india guarantees non-discrimination and equality of opportunity to all citizen--p many provisions in the constitution bear testimony to this commitment for an egalitarian social order the framers of the constitution devised the technique of protective discrimination through affirmative state action in favour. Racial discrimination refers to discrimination against individuals on the basis of their race policies of racial segregation may formalize it, but it is also often exerted without being legalized contents [hide] 1 worldwide 11 india 12 the netherlands 13 africa 131 liberia 14 united states 141 employment 142. Today, 68 years after independence, as dalits continue to bear the brunt of violence and discrimination-highlighted in recent weeks by the tragic suicide of rohith vemula, a phd student in the hyderabad central university who hanged himself, blaming his birth as a fatal accident in a chilling final. Find information about caste system in india, meaning of caste, origin and classification of castes in caste system also know constitutional provisions and acts to prohibit caste discrimination.
1 finally, the government accepted the reservation policy the social and economic up-liftment of scs/sts could be made through the reservation policy social inequality is a product of hindu-caste system hence, protective discrimination policy like 'reservation policy' must be adopted the government of india has been. The discriminations suffered by the oppressed sections of the society including sc and sts over great period of time has led to the concept of protective discrimination to safe-guard their interests the main reason behind protective discrimination is to provide the necessary facilities to the deprived sections and to bring them.
Courts on reservation issues and examined the role of judiciary in protective discrimination in india bk roy burman (1992) “beyond mandal and after”, holds and examined the social and political processes during the colonial period, which resulted including in the constitution, the provisions for positive discrimination in. “protective discrimination” our society has always been full of inequalities it was a caste ridden, stratified hierarchical society, and a particular segment of the society had been denied the bare human rights their education, wages, living conditions, social status was dictated by the whims of upper strata of.
Tribes in india have come to be conceptualized primarily in relation to their geographical and social isolation from the larger indian society and not in relation to the stage of their social of all the provisions, protective discrimination has been seen as one of the most important rights given to tribal people. Reasons, certain classes of indian citizens are under severe social and economic disabili- ties [so] that they cannot effectively enjoy either equality of status or of opportunity therefore the constitution accords to these weaker sections of society protective discrimination in various articles, including article 15(4) this clause. Accordingly, the constitution provided for protective discrimination under various articles to accelerate the process of building an egalitarian social order thus, preferential treatment for the depressed classes (scs and sts), including reservation of seats, should not be understood as an act of magnanimity on the part of the.