Question

Is protective discrimination a violation of the principle of fairness? Explain

Answer 1

Answer:

Protective discrimination:

Basically refers to the policy of granting special privileges to the the underprivileged sections of society,like women.

This is mainly experienced in US and India. Places like those; where there has been a history of racial and caste discrimination.

This practice is most prominent in India, embedded in the constitution.

This type of discrimination came into place for the sake of protection of those rights of those people who were treated in a different way due to discrimination existing in the society. This was due to color, caste and religion and in a country like India caste system prevails, to a great extent. Thus the protection of some was needed:-

For instance:-

Some of the constitutional provisions which aimed at positive discrimination are:

1- Article 17: Abolition of “untouchability” and making its practice in any form a punishable offence.

2- Article 46: Promotion of educational and economic interests.

3- Article 16 and 335: Preferential treatment in matters of employment in public services

4- No. 330 and 332: Reservation of seats in the Lok Sabha and State Assemblies

This all allows positive nature of this practice. So I don't believe that fairness is compromised in any way.

Answer 2

There are various justifications that "protective discrimination does not violate" the principle of justice or fairness. Many claim that protection discrimination is a case to rectify the past – wrongs of "unjustified discrimination" against certain parts of society such as blacks, lower castes, tribals, women, and so on.

Explanation:

• Some tend to recognize preferential treatment for end-state equity as necessary & appropriate. The legislative dimension of equality only stresses equal rights, which ensures that access for all to essential social services on a universal basis will be made possible.
• That is, all "occupational structures of society" must be filled on the basis of their competence and their individual achievements. It was noticed, however, that abstract equal opportunities were not adequate, though they were essential.
• To have equal opportunities, it is vital to ensure "equality of conditions", that is , all competitors in the race must begin "from the same point" with "appropriate handicaps". And the "equality of conditions" further necessitates equality of outcome/results .
• It implies that equal results are obtained, irrespective of starting point or inherent ability, by law & political means. The "Social program of protective discrimination" favouring  marginalized communities such as scheduled castes, tribal communities, blacks, backward class,  children either by quotas or by compensation is called equitable, so that a true equality of opportunities for all can be established.
• Historically also, the definition of equality can be recognized. Because not everyone starts his life in a society on the same basis, and a number of castes, races,  & tribal communities socially, geographically, politically, and historically" have been marginalized, and the mere equality of opportunities will exacerbate only more inequality. Equitable opportunities must also be extended to "equality of conditions".
• Unless the allocation of goods and services between different parts of society equally evolves, every allocation system for goods and services would be unequal and not equitable. Some of the different ways of mitigating this disparity in the provision of goods and services is protective discrimination. As such, the principle of justice is "not violated"

To know more

Write any two points about the need for protective discrimination ...

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