An Essay On The Protective Discrimination

An Essay On The Protective Discrimination-44
There are many provisions in the constitution: Art 15 (clause 3) which empowers the state to make any special provision for women and children.

There are many provisions in the constitution: Art 15 (clause 3) which empowers the state to make any special provision for women and children.

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In the contemporary debates about equality, we do not talk of legal equality only in the sense of equality of opportunity but also ‘equality of conditions’ and ‘equality of outcome or results.

Since the son of a millionaire and the son of a laborer do not get equal opportunities, justice as fairness demands that the social environment must be changed if equal start for every one is to be provided.

The protective discrimination’s violate the principle of fairness because they do not give consideration to merit and excellence.

The libertarian are committed to developing the maximum level of excellence.

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.

An Essay On The Protective Discrimination Approaches To The African Novel Essays In Analysis

The main reason behind protective discrimination is to provide the necessary facilities to the deprived sections and to bring them to the mainstream society.Though the legal equality has granted the equality of opportunity, but it has not been able to reduce economic and social inequalities whether based on race, sex, nationality, education, challenging the establishment of a just and fair society.So the big question is how to bring about such an equality?Some scholars are of the opinion that the social philosophy behind protective discrimination’s is somewhat confused and they have objected to it without dissenting from the ideal that social ‘policy ought to take into account the injustice perpetuated on the lower classes.The protective discrimination’s are unfair in the procedural sense since granting privileges to individuals because of their birth, caste, race or sex is as discriminatory and unjust as denying them opportunity and jobs for the same reason.However, gradually it was found that the abstract equality of opportunity, though important, was not sufficient.The concept of equality should also be viewed historically.One solution to this problem of creating an equalitarian and egalitarian society found in the twentieth century was to provide protective discrimination’s that is giving unequal treatment to equals either by graphic favors or imposing a burden.However, the policy of giving favored treatment through ‘protective discrimination’s’ to certain members of the deprived groups because such groups have suffered systematic discrimination in the past has generated a fierce philosophical debate in the contemporary political theory.It is also unjust since whatever wrongs were committed against their ancestors in the past, it is not clearly the case that today’s young superior and meritorious individual-the victims of such prefertial employment practices-are responsible for this.To demand a compensation for the wrongs committed by their forefathers is unfair.

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