CONCEPT OF POSITIVE DISCRIMINATION (PD) AND ITS IMPLEMENTATION IN INDIA PD: Suspension of the principle of equality in order to correct

for historical injustices- A set of measures adopted in favour of certain disadvantaged sections of society to remedy inequalities and historical discrimination that afflicts them. Groups which enjoy such privileges: Blacks in USA, women in Scandinavia But in no other country is the system of PD as widespread as in India: Article 15 (See the end of this section) of the Constitution prohibits discrimination Art 16 confirms equality of all citizens, but states that the state has right to make special provisions in favour of the disadvantaged. SC(Dalits), ST (Adivasis), OBC(Other backward classes), In recent times the concept has been extended to raise the status of Indian women who are among the socially disadvantaged. 73rd and 74th Constitution Amendments provide reservation for women in local bodies. 3 % reservation in jobs is available for the Physically handicapped, Constitution recognizes 3 categories as backward: SC: 15%; ST: 7%; an ill-defined OBC category Each state is free to decide which castes are covered. Reservation for SC/ST: Caste system in India is rigid and fragmented society. The Dalits were ruthlessly exploited and suffered from untouchability.. Art 17 abolishes untouchability. As it was strongly felt that SCs cant survive in a competitive environment given the historical deprivation, wide range of measures incorporated: reservation in jobs, reserved seats in legislative bodies scholarships, loans, grants Special steps to protect them from exploitation e-g abolition of bonded labour It is felt that systematic preferential treatment will help compensate for historical disadvantages and offset handicaps. This is known as compensatory or positive Discrimination. While few disagree with the notion of PD, there is disagreement about who is deserving of such help and what form it should take. Constitutional provisions: Art 14: Art 15: Right to equality Prohibition of discrimination

Art 15(4): Art 16(4): Art 17:

State can legislate on behalf of disadvantaged sections Empowers state to provide for reservation in appointments Untouchability made unconstitutional (1955: Untouchability Offence Act)

Directive Principles: Art 46: State shall promote the educational and economic interests of weaker sections of society, in particular SC and ST Art 39(A): Justice based on equality of opportunity

Art 330, 332, 334 : Seats in Parliament and assembly Art 335: Claims of SC-ST in appointment to services and posts in connection with the affairs of the state Art 338: Why reservation: To compensate for historical injustices Social justice demands that unequal people should not be treated as equal Without reservations many people from the underprivileged communities who are holding political offices and govt posts would not be where they are. Merit as decided by traditional yardsticks should not be applied to the traditionally disadvantaged. Democracy requires fair distribution of benefits and opportunities. Why opposition: Subordinates individual identity while emphasizing on group identity. Creates a quota system for groups and this is inconsistent in a democracy . Backwardness defined in terms of caste has perpetuated caste consciousness ; A few communities have benefited to the exclusion of others; these have become dominant and prosperous and form the creamy layer or elite class. Old inequalities are replaced by new ones. Vested interests in being classified as backward; Appointment of a special officer (Commissioner for SC and ST)

Reservations have created resentment among the higher castes and the number of atrocities against dalits have witnessed an increase due to heightened prejudice and jealousy. In the area of education, elementary education has been neglected and a handful are enrolled in institutions of higher learning and the drop out rate is high. In terms of jobs, most SC and ST are concentrated in Class III and IV jobs, while being under-represented in higher level jobs. Thus it amounts to tokenism. Leaves out a large sections of Dalits from its purview (Under-inclusion) -A vast majority of Dalits belong the landless or marginal land owning class and live in poverty and indebtedness. They are hardly in a position to take advantage of the reservations in jobs or higher education. According to some critics, does not reward merit.