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An Essay On The Protective Discrimination In India

Protective Discrimination - Legal Services India Protective Discrimination - Legal Services India
Protective discrimination is the policy of granting special privileges to the downtrodden and the underprivileged sections of society, most commonly women.

An Essay On The Protective Discrimination In India

The members of an entire caste or community may in a social, economic and educational scale of values at a given time be backward and may on that account be treated as a backward class, but that is not because they are members of a caste or community, but because they form a class. India is considered to be one of the most socially fragmented societies with powerful religious, caste, regional and ethnic differences. In many of the us states, blacks were even denied the electoral rights.

India promulgated to set up second backward class commission under the leadership of mr. Further to this on december 21, 1965,in a un general assembly resolution, the international convention on the elimination of all forms of racial discrimination was adopted. Thus the socially just society should be equally exciting place for all irrespective of their status in the society.

The statutory commission for the scst came in to being on march, 1992 after 65th constitutional amendment. The supreme court has ruled time and again, that where there is no only one post in the cadre, there can be no reservation for the backward class with reference to that post either for recruitment at the initial stage or filling up a future vacancy in respect of that post otherwise the same would amount to 100 per cent reservation. Indian dalits and tribes were far from the main stream development not due to policy induced segregation but there is a defacto segregation on the basis of in housing, public employment and education.

The constitution of international labour organization signifies the concept of social justice by emphasizing that universal and lasting peace can be established if it is based upon social justice. Where, however, the number of vacancies against which selection is to be made is less than 10, no effort should be spared in finding a scheduled caste scheduled tribes officer and a minority community officer for inclusion in such committeesboards. Its scope however, is limited to assessing the schemes both under operation as well as under consideration, only at the national level.

Further, any casteclass scoring over 65 is identified as most backward class. The true meaning of this expression has been considered in a number of cases by the supreme court starting from balaji to indira sawhney. Chapter 6 (assessing educational access) picks the prime goal of preferential treatment policy in higher education.

To identify the salient learning points for the betterment of indian policy 1. Here the term state denotes both central and state governments and their instrumentalities. The chapter includes the case analysis of premier higher educational institutions (pheis). The reason of choosing higher education as the area of research is apparent due to its direct importance in achieving status and opportunity. United nations committee on elimination of racial discrimination (cerd) treats caste as race.


Protective discrimination in Indian higher education | Publish your ...


Protective discrimination in Indian higher education - Reflections from US - Ph.D. ... Publish your bachelor's or master's thesis, dissertation, term paper or essay.

An Essay On The Protective Discrimination In India

PERSPECTIVE OF PROTECTIVE DISCRIMINATION IN INDIA ...
International Journal of Research (IJR) Vol-1, Issue-4, May 2014 ISSN 2348- 6848 PERSPECTIVE OF PROTECTIVE DISCRIMINATION IN INDIA Dr. Malabika  ...
An Essay On The Protective Discrimination In India Against this background it would be increasingly difficult for the state to implement its policy of reservations especially where the obcs are concerned. Therefore, the backwards cannot depend any more upon the state they would have to respond to the market as well. Sen argues that justice in not simply a matter of cumulative outcomes (what results) but also of comprehensive out come (what results and how it is brought about). It would not be permissible not to prescribe any such minimum standard at all. Backwardness being a relative term must in the context be judged by the general level of advancement of the entire population of the country or the state, as the case may be. This brought in to 46th amendment in article 338 replacing single member office into multi member system. The supreme court has emphasized that article 16(4a) ought to be applied in such a manner that a balance is struck in the matter of appointments by creating reasonable opportunities for the reserved classes as well as for the other members of the society. This chapter details out the various socio movements to shape the legislations.
  • protective discrimination under constitution of india - Shodhganga


    Lower castes had to serve the upper castes without having any say and grievance redressal mechanism. In india the process is on and only the future would tell whether its experiments were in the right direction or not. Many scholars have studied why the system of social stratification persisted for such a long time. One reason for this neglect could be that there were many leading women in indias freedom struggle and they always regarded themselves as equals of their male counterparts. As per nagan gowdas committees recommendations, 28 reservation provided to backward class and 22 reservation provided to most backward class in professional and technical institutions at karnataka.

    A report on the state of primary education in india brought out by the india today portrays a depressing picture of the indian states failure in this regard. Following the direction of supreme court, the government of india enacted the national commission for backward classes act, 1993. Unless caste satisfies the primary test of social backwardness as well as the educational and economic backwardness which are the established and accepted criteria to identify the backward class, a caste per se without satisfying the agreed formulae generally cannot fall within the meaning of backward class of citizens under article 16 (4), save in given exceptional circumstances such as the caste itself being identifiable with the traditional occupation of the lower strata - indicating the social backwardness. Till now, indias quota regime has been widely influenced by compensatory justice ideal who presumes india as unequal society that severely requires constitutional and political measures to ensure representation and inclusion (pinto, 2001 ). A family headed by shoodra could turn into shoodrahood due to lack of early teachings.

    The debate warrants a closer scrutiny against the background of the social acrimony that the policy of reservation has accentuated 1. Ambedkar, expressed his views that incidentally, it is also necessary to point out that the supreme court in all its decisions on reservation has interpreted the expression backward classes in article 16 (4) to mean the socially and educationally backward. One calls for the withdrawal of the state and the other assigns to the state the role of the greatest dispenser of equity. Hindu society as homo heirarchicus which is opposite to the western notion of individual equality and rationality i. If the executive includes, for collateral reasons, groups or classes not satisfying the relevant criteria, it would be a clear case of fraud on power. Marc galanter, competing equalities law and the backward classes in india, delhi, oup, 1984 2. This is not because they are members of that caste or community but because they form a class. This inhumane and barbaric condition perpetuated for centuries, till we the people realised the malady impelling the framers of our constitution to think. In view of the problem referred above, it is felt that an investigation be taken up to effectively pursue the goal of social justice without affecting social harmony and the development of the nation. Its scope however, is limited to assessing the schemes both under operation as well as under consideration, only at the national level.

    scheduled tribes, Anglo-Indian community, backward classes granting special ... undertake certain protective discrimination measures in favour of the depressed.

    Protective Discrimination Under the Indian Constitution - Scribd

    P R O T E C T I V E D I S C R I M I N AT I O NUNDER THE INDIAN CONSTITUTION INTRODUCTION One of ...
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    Reservation in favour of backward classes of citizens is dealt with by cl. Religion, race, caste, sex, descent, place of birth, residence or any of them cannot be the basis for discrimination against a citizen in matters relating to public employment or office under the state. In the mandal commission case, the supreme court has clearly and authoritatively laid down that the socially advanced members of the backward class, the creamy layer, has to be excluded from the backward class and the benefit of reservation under article 16(4) can only be given to a class which remains after the exclusion of the creamy layer. To assess the cost and benefits of equal protection in quantitative and qualitative terms with respect to preferential policy in india and u Buy now An Essay On The Protective Discrimination In India

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    Later on during upa-i regime and in the time of arjun singh as mhrd minister, 27 reservation in higher educational institutions of central govt was given. In education sector, as early as in 1951, the government of bihar prepared a list of 109 castes as backward class and gave them the benefit of scholarship. The preamble of the constitution further aims to achieve the varied dimensions of justice i. Poverty, caste, occupation and habitation are the principal factors contributing to social backwardness. So in their early regime they started giving those privileges to brahmins which were deprived by mugal rulers.

    Higher education being elitist, narrowly scoped and traditionally available for privileged ones requires to be studied for its equitable and wide reach An Essay On The Protective Discrimination In India Buy now

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    As one non-indian scholar wrote in 1979 in the course of my visits to india over two decades i have noticed an erosion and virtual disappearance of a liberalminded public opinion supporting private efforts to improve opportunities for the s. This brought in to 46th amendment in article 338 replacing single member office into multi member system. There were following terms of reference (a) to determine the criterion to define socially and educationally backward classes the mandal commission presumed caste as synonym of class. The supreme court has ruled time and again, that where there is no only one post in the cadre, there can be no reservation for the backward class with reference to that post either for recruitment at the initial stage or filling up a future vacancy in respect of that post otherwise the same would amount to 100 per cent reservation Buy An Essay On The Protective Discrimination In India at a discount

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    The reason of choosing higher education as the area of research is apparent due to its direct importance in achieving status and opportunity. One calls for the withdrawal of the state and the other assigns to the state the role of the greatest dispenser of equity. This amendment also modifies the proposition laid down by the supreme court in indira sawhney. Finding are analyzed with respect to various decisions of courts taken time to time and suitable suggestions are made. It also noted that 1931s census can not be the determining factor for obc reservation.

    It requires for the institutions of higher education receiving federal grants to disclose to department of educations office of civil rights on the extent to which they consider race as criterion of admission Buy Online An Essay On The Protective Discrimination In India

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    These groups are as follows group a (aboriginal tribes vimuktha jathis nomadic and semi nomadic tribes etc. At present, the benefits of job reservations are most chewed up by the more effluent sections of the backward class and the benefit of the reservation policy is not being percolated to the poor and the really backward class amongst them which makes them poorer and more backward. The preferential policy should contribute to overcome the backwardness rather to create backwardness or hamper advancements of other classes of citizens. In india, the participation of private sector specially unaided institutions are mainly serving professional education. To evaluate quality and excellence (which involve provision of education by accepted standard so that students receive available knowledge of the highest standard and help them to enhance their human resource capabilities) 4 Buy An Essay On The Protective Discrimination In India Online at a discount

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    The more fundamental question, however, is how far the quotas have and other privileges helped the target groups. See also, victor s dsouza, development planning and structural inequalities the response of the under privileged, new delhi, sage, 1990, pp 196-97. Further, any casteclass scoring over 65 is identified as most backward class. In 1910, during the times of british, non-brahmins of tamilnadu felt suppressed by the conduct of brahmin administrators in the madras provincial government. While prescribing the lower minimum standard for reserved category, the nature and duties attached to the post and the interest of the general public should also be kept in mind.

    But in the determination of a class a test solely based upon the caste or community cannot also be accepted An Essay On The Protective Discrimination In India For Sale

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    The economic backwardness brought social awkwardness which consequently made them downtrodden and thus depriving them even of the dignity of life. After 23 years of the submission of first backward class commission, the govt. It is surmised that since reservations are the least expensive and politically most rewarding the political parties find them the easiest policy options available to them. India promulgated to set up second backward class commission under the leadership of mr. It would not be permissible not to prescribe any such minimum standard at all.

    In 1935, british govt in india passed government of india act which came into effect in 1937. As supreme court has directed to provide not more than 50 reservation, an enactment was legislated under article 31(c) and the was inserted in the xi schedule of the indian constitution (76th amendment, 1994) to protect the 69 provision from judicial scrutiny For Sale An Essay On The Protective Discrimination In India

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    Specific provisions for reservations in services in favour of the members of scheduled castes and scheduled tribes have been made as follows in the constitution of india- article 16(1) there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state. Guidelines for consideration of requests for inclusion and complaints of under inclusion in the central list. The constitution of india provides under article 46 the directive principle for state policy about the promotion of educational and economic interests of scheduled castes, scheduled tribes and other weaker sections of the society. In india the process is on and only the future would tell whether its experiments were in the right direction or not Sale An Essay On The Protective Discrimination In India

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