Skip to main content

Why is Protective Discrimination Important?

Protective Discrimination

The concept of Protective Discrimination is the policy of granting special privileges to the abused or oppressed people and to the under-privileged sections of the society.

“Protective” is showing a care to someone.

“Discrimination” is any action, policies or practices that deny an individual or a group for an equal access to the society’s resource, rewards and opportunities.

This is explained in:
  1. Safeguards for SC/ST
  2. Privileges for Women
  3. Provisions for Children

1. Safeguards for SC/ST:

Article-15(4)
Article-15(5)
Article-16(4A)
Article-17

Article – 15(4):

The fourth clause which was added by the constitution (1st Amendment) Act 1951, enables the state to make a special provision for the protection of the interest of the backward classes of citizens and is therefore an exception to the Article-15 and 29(2) of the constitution.

Under clause-15(4), there are 2 things to be determined:

a) Socially and educationally backward classes,

b) The limit of reservation





In this case 1: Balaji

                        V

                    State of Mysore

The Mysore government issued an order under the Article – 15(4) reserving the seats in the medical and engineering colleges in the state as follows:

Backward Classes 28%

More Backward Classes 20%

Scheduled Castes and tribes 18%

Thus, 68% of the seats available in the colleges were reserved and only 32% seats were made available to merit students.

The Supreme Court laid down that there should be no reservation more than 50% if giving more that 50%, then it is Invalid.


In this case 2: Devdasan

                            V

                        Union of India

This case is known as the Carry Forward Rule.

It means that vacancy remains unfilled for the non-availability of the candidates may be filled by reserved candidate in subsequent years.


In the Case 3: Indra Sawhney

                            V

                            Union of India

This case is also known as Mandal Commission Case.

In this case, the Supreme Court over- ruled the decision in the Devdasan Case and upheld the validity of the carry forward rule, subject to the condition that it does not result in Breach of 50% rule.

Article – 15(5):

By the constitution (93rd Amendment) Act 2005, the Parliament inserted the clause (5) in Article-15,

It says that,The state is empowered to make any special provisions for thebackward classes or for the ST and ST, regarding their admission to Education Institution except the minority Educational Institutions as referred in clause (1) of Article-30.

Article – 16(4A):

the newly added clause (4A) empowers the state to make any provision for the reservation in the matters of promotions for SC and ST, which in the opinion of the state is not adequately represented in the services of the state.

Article -17:

Untouchability is abolished.


2. Privileges for Women:

Article – 15(3)

Article – 16(2)

Article-15(3):

Nothing in this Article shall prevent the state from making any special

provisions for the women and children.

Article-16(2):

No citizen shall, on the grounds of only Religion, Race, Caste, Sex,

Descent, place of birth, residence or any of them, be ineligible for or

discriminated against in respect of, any employment or office under

the state.

3. Provisions for Children’s:

Article-15(3)

Nothing in this Article shall prevent the state from making any special

provisions for the women and children.

Conclusion: With this Blog of 'Protective Discrimination', I have explained how to support the minority and protect them from any discrimination.

Please like and comment.


Labels:
Location: Bengaluru, Karnataka, India

Comments

Post a Comment

Popular posts from this blog

Offences Relating to Marriage , Adultery and Bigamy

Offences Relating to Marriage (Section 493 to 498): Sec-493 to 498 of IPC deals with the offences relating to the marriages, they are: a) Mock Marriage b) Bigamy c) Adultery 1. Mock Marriage: Mock Marriage means Invalid marriage. It is a sexual intercourse by a man with a married or unmarried woman of any age, whom he induces to be his wife, but in fact he is a concubine. It shall be punished with an Imprisonment up to 10 years and fine. Ingredients: a) The accused has done sexual intercourse with the prosecution. b) He has not legally married to her. c) She has given a consent for sexual intercourse believing that he would marry. d) Such belief in her was induced by the accused. Marriage ceremony fraudulently done without lawful marriage (Sec-496): As per sec-496, Whoever dishonestly or with a fraudulent intention has gone through the ceremony of being married, knowing that he is not been lawfully married, shall be punished with an Imprisonment up to 7 years with fine. Ingredients: a)...
Post a Comment
Read more

Article 15 (Prohibition of discrimination)

Article – 15 Prohibition of discrimination on the grounds of religion, race, caste, sex or place of birth: When a law comes within the prohibition of Article-15, it cannot be validated without Article-14 by applying the principle of reasonable classification. There are 5 clauses under Article-15, they are: 15(1) The State shall not discriminate against any citizen on the grounds  only of Religions, Race, Caste, Sex, Place of birth or any of them. 15(2) No citizen shall on the grounds only of Religions, Race, Caste, Sex,  Place of birth or any of them, be the subject of any of the disability,  liability, restrictions or any condition with regard to: Access to shops, public restaurants, hotels and any places of public entertainment or The use of Wells, tanks, Bathing Ghats, Roads and the places of public resort maintained wholly or partially out of state funds or is dedicated to the use of general public. 15(3) Nothing in this Article shall prevent the state ...
Post a Comment
Read more

Types of Punishments

Punishments: The punishments, to which the offenders are liable under the provisions of Indian Penal Code 1860, are: 1) Death Penalty or Capital Punishment 2) Life Imprisonment 3) Imprisonment a) Rigorous b) Simple 4) Forfeiture 5) Fine 1. Death Penalty or Capital Punishment: It is the most serious nature of punishment. Some Countries abolished it. It is awarded in India in certain exceptional cases. The offences which are punishable with death sentence under the Indian Penal code includes: a) Waging war against the Government of India (Sec-121) b) Abetting Mutiny that is actually committed (Sec-132) c) Giving or Fabricating false Evidence upon which an innocent person suffers death (Sec-194) d) Murder (Sec- 302) e) Abetment of Suicide of a minor or of a insane or of an intoxicated person (Sec-305) f) Attempt to Murder by a person under the sentence of Imprisonment for life, if hurt is caused (Sec-307) g) Punishment for repeat offenders (previously convicted for an offence punishable u...
Post a Comment
Read more